Extraterritorial Enforcement Authority Flashcards
Extraterritorial Law Enforcement
- the process of identifying prohibited conduct that occurs outside the US that has been deemed an offense against the US and is punishable by US courts.
Land border
- dividing lines between US/Mexico and US/Canada
Sea border
- 12 miles beyond the coastline/baseline
Air border
- extends directly upward from land or sea border
US territorial sea
- waters from the baseline to 12 nautical miles
customs waters
- the waters within 4 leagues (12 miles) of the coast of the US
Inland waters
- waters on the landward side of the baseline of the territorial sea
internal waters
- waters within the US that provide neither access to the open sea or a foreign territory
high seas
- waters located beyond the territorial sea of the US aka INTERNATIONAL WATERS
FEB
- the first practical detention point after a border crossing or the final port of entry
border nexus
- exists if a person or thing to be searched crossed the border or had meaningful contact with someone or something that crossed the border.
19 USC 1581 (a)
- any officer of the customs may at any time go on board of any vessel or vehicle at any place in the US or within the Customs waters or, within a customs-enforcement area
penalty for failure to heave
- fines between 1k and 5k
penalty for presenting false docs
- fines between $500 and $5k
US vessels are classified as either documented or _____
- undocumented
US documented vessels
- US owned
- at least 5 tons
- not registered under laws of a foreign nation
US documented vessels possess:
- a REGISTRY
- an ENDORSEMENT (license)
registry
- vessels proof of ownership
- contains:
1) Identity and vessel description2) Identity of the vessel owner
endorsement
- a license that describes what kind of activity a vessel can engage in within US waters.
what are the 4 endorsement activities:
1) foreign trade
2) coastwise trade: domestic trade between US ports
3) fishing
4) recreational activities
the registry and endorsement have the same type of relationship as a ____ and ____.
- passport and visa
all US documented vessels must:
- be placed under the command of a USC
- sail with a certificate of documentation and make certificate available for examination
failure for violations result in…..
- fines and prison term of 1 year or less.
what are additional documents subject to check on a US vessel?
1) vessels official number (VIN)
- this number is located on the “main beam”
undocumented vessels
- US vessels not classified as documented
- must have a state issued number displayed on each side of the vessel
violations of undocumented vessels penalty
- fines and prison term of less than a year
foreign registered vessels
- registered under the flag of a foreign nation
vessels must sail under the flag of how many nations?
1
foreign registered vessels need:
- registry documentation
- name of vessel master
- name and address of the ships agent
- cargo manifest
- crew list
- voyage logs
what is the scope of search within customs waters?
- ZERO SUSPICION to check documents
- you can request CONSENT to search
- with RS, conduct Investigative detention
- RS of custom violation - SA may search all non private areas of the vessel (open deck, cargo holds, engine rooms, and ice holds)
- PC to search containers, crew quarters, or personal items in the absence of a border nexus.
- PLAIN VIEW observations during a lawful boarding can lead to PC to do a warrantless search due to mobile conveyance
- TERRY FRISK: rs someone on board is armed and dangerous.
- PROTECTIVE SWEEPS: with RS officers may briefly search locations where people can be found. plain view applies during protective sweep.
due to US v. Sarmiento, you can not board and check US vessels in high seas when vessels are located beyond the customs waters of what states?
- ALABAMA
- FLORIDA
- GEORGIA
what is a hovering vessel?
- a smuggling vessel
before boarding a vessel on the high seas, the SA must comply with the
- Maritime Operational Threat Response (MOTR)
Assimilated vessels
- vessels which fly under flags on two or more nations are treated like STALE vessels
stale vessels
- vessels without nationality that are not lawfully registered in any nation
