Jurisdiction Flashcards
Jurisdiction and jurisdictional elements
The govts power to exercise legal authority over its persons vessels and territories
Flag/status
Location
Substantive law
Jurisdictional map
Internal/state waters Exclusive state waters Lake between two states Federal waters/reservations Territorial seas 12nm Customs waters internal - 12nm Contiguous zone 12-24nm International >12nm to foreign territorial EEZ 12-200nm High seas 200+nm Foreign territorial seas 12nm
Transit passage
Continuous and expeditious
US May not exercise jurisdiction over foreign flagged vessels
May impose Restrictions related to
Nav. Safety, pollution, fishing, FISC-Q
Right of non-interference foreign territorial seas using straight for navigation
In such straights vessels may generally operate without restrictions. Subs, aircraft launch
Innocent passage
Inbound/outbound Or through territorial seas Continuous and rapid Peace and good order Security of coastal state
Non-innocent Threat or force against coastal state Weapons practice Intelligence gathering Propaganda aimed defense/security Launch/land/take aircraft or military device Any act of willful pollution Fishing activities Research and survey activities Communication interference of coastal state
Force majore
Forced into states waters by virtues of distress
Reasonable time to remedy
A coastal state can verify claim by boarding
Vessel subject to COTP for safety and threats
Ex. Pollution
Peace of the Port
Doctrine.
The US refrain from jurisdiction over foreign flag
Leave control to flag state jurisdiction will be asserted over incidents that affect “peace and tranquillity” of the US
Constructive Presence
Foreign flagged vessel seaward of zone of jurisdiction “mothership” acts in concert with another vessel “contact” or aircraft
Contact must be physically in coastal state waters or subject to state jurisdiction under hot pursuit.
Hot pursuit
Allows jurisdiction over foreign flagged vessel that flees beyond jurisdictional limits after it has committed a violation.
Right of Approach
International law, international waters, any vessel other than warship or government on non-commercial service to verify nationality. Unit must ask right of approach questions App G (G-15)
Right of Visit
Boardings with reasonable suspicion of vessels without nationality, piracy, slave trade, unauthorized broadcasting or evidence to believe making false or conflicting claims of nationality. Verbal is not enough evidence
If credible evidence is found, boarding is over
If no evidence is found, BT remains until inquiries to claimed flag state are complete or SNO is complete.
Consensual boarding
Flag SNO
No contraband seized absent flag or coastal state authorization.
Temporary custody while awaiting authorization
Pursuit ashore
Probable cause of felony subject to arrest Person flees ashore from CG pursuit CG assistance is requested BO is accompanied by another Started immediately Maintained visual Completed promptly
Exigency Circumstances
If BO has PC no warrant is required to conduct search if:
Compelling need for immediate official action, risk that delay will present danger to life or biblical safety
Time for warrant would result in destruction of evidence
Area to be searched is operable vehicle or conveyance
Public or officer safety is threatened BO/BTM
May enter building or structure and search to quell threat
33CFR80.1395
The 72 COLREGS shall apply to all waters of the PS and adjacent waters lake union/Washington and hood canal
Assistance entry
Right of non-interference for a vessel to enter foreign territorial seas to rescue danger and distress at sea. Location must be reasonably well know.
