Conduct of Boarding Officers

Question 1

Def of Maritime Law Enforcement

Answer 1

any armed maritime intervention by uniformed Coast
Enforcement Defined Guard personnel, including aboard vessels and at facilities ashore, to prevent, detect and/or suppress applicable violations of the law.

Question 2

Def of a Boarding

Answer 2

A boarding is an armed intervention aboard a vessel to prevent, detect and/or suppress violations of the law. No Coast Guard operations or activities that are conducted unarmed shall be referred to in any way as a “boarding.”

Question 3

Def of Boarding Officer.

Answer 3

The Boarding Officer is the Coast Guard’s designated law enforcement officer in charge of MLE intervention pursuant to USCG law enforcement authority. The Boarding Officer is the direct representative of the CO/OIC for all matters law enforcement and shall lead and direct armed MLE interventions.

Question 4

Def of a Boarding Team Member.

Answer 4

The Boarding Team Member is a person designated to assist the Boarding Officer in the execution of Maritime Law Enforcement under the Boarding Officer’s authority

Question 5

Confined space characteristics?

Answer 5

Large enough to allow a person to enter and perform work.
Limited or restricted means for entry or exit.
Not designed for continuous human occupancy.

Question 6

Who can test or certify a confined or enclosed space?

Answer 6

Gas free engineer.
Marine Chemist.
Industrial hygienist.
Competent person.

Question 7

What is a Special Operations Vessel?

Answer 7

Involved in control delivery, undercover LE operation, or non-LE mission for another agency, and should normally not be boarded.

Question 8

If a US citizen provides a Social Security number, they must be provided a a copy of?

Answer 8

Privacy Act Statement located on the Report of Boarding.

Question 9

Do we record firearm serial numbers?

Answer 9

Regulated firearms serial numbers shall be obtained to verify compliance with federal laws.
Serial numbers for non-regulated weapons, when obtained lawfully, may be used to conduct LE intelligence database checks.

Question 10

Minimum information needed to to conduct LE intelligence database check?

Answer 10

Name, Nationality, date of birth.

Question 11

Biometrics (finger prints) collection constitutes a 4th Amendment seizure, and requires a subject is:

Answer 11

Attempting to cross border, or functional equivalent.
Reasonably connected to a crime, and taking them in field is needed to establish or negate suspect to crime.
Consenting voluntarily to the collection.

Question 12

Properly conducted vessel inspections are compliant with the 4th amendment standards because they are:

Answer 12

Are limited in scope,
Are not searches for evidence of criminal violations,
Serve an important public interest,
Involve lesser expectations of privacy than searches for evidence of criminal activity.

Question 13

What may be searched during a consensual boarding?

Answer 13

May only examine spaces with voluntary consent of the master or individual controlling them. Consent may be limited in scope, and revoked at any time.

Question 14

Evidence of a crime discovered during consensual boarding?

Answer 14

Board team must receive authorization from costal State, or the vessels flag state, before taking enforcement action.

Question 15

What is Guest Status? (In relation to consent boarding)

Answer 15

During consensual boarding, the boarding team has same status as guests and cannot exert control over vessel or crew. May make suggestions.

Question 16

Def of detention:

Answer 16

Is the temporary limitations of that person’s freedom of movement. To be lawful, it must be reasonable in duration, method, and location, and must undertaken with person with authority to detain.

Question 17

The permissible focus and scope of a criminal investigation on a vessel is determined by these two factors:

Answer 17

Specific factual basis for he suspicion,

Intended search location aboard the vessel.

Question 18

Level of suspicion required for minimally intrusive search. Need additional authorization?

Answer 18

RS unless private area. Does not require separate authorization, beyond authorization to board and search from flag state.

Question 19

Destructive search definition?

Answer 19

Any search activity that results, or is likely to result in the permanent alteration, modification, or destruction of any part of the vessel, which cannot be reasonably repaired by the boarding team upon completion.

Question 20

Frequency of destructive searches? Level of suspicion?

Answer 20

Are not, and should not be routinely conducted. Need PC for the area to be searched. Extent of intrusiveness is based on articulable facts.