MLEM Flashcards
What is an authority?
Authority is the government’s legal power to act.
What does 14 USC 89 give you the right to do?
- Search
- Examine
- Arrest
- Inquiry
- Investigate
Who can carry weapons?
E4 and above with a BTM and BO quall.
What is MARSEC
The Coast Guard utilizes a 3-tier MARSEC system:
1. MARSEC 1 is the Coast Guard’s baseline security posture;
2. MARSEC 2 is an increased security posture, normally implemented in response to a specific or non-specific threat; and
3. MARSEC 3 is the Coast Guard’s most focused security posture, normally set when attack is deemed imminent or has already occurred. Because it is resource intensive, it is normally set in a very limited number of ports/locations at a given time).
Changes in MARSEC, set by the Commandant of the Coast Guard.
What does the Magnuson Act safeguard.
The Magnuson Act is concerned with national security and reflects a congressional policy to safeguard vessels, harbors, ports, and waterfront facilities from sabotage or other subversive acts.
What does 14 USC 99 allow you to do as a member?
“Subject to guidelines approved by the Secretary, members of the Coast Guard, in the performance of official duties, may –
(1) carry a firearm; and
(2) while at a facility (as defined in section 70101 of title 46) —
(A) make an arrest without warrant for any offense against the United States committed in their presence; and
(B) seize property as otherwise provided by law.”
Can you offer assistance to foreign govt’s?
The Coast Guard often provides assistance to foreign governments, pursuant to a request from the Department of State (DOS) (e.g., in boarding, searching, and if evidence of contraband is found, in detaining vessels and persons aboard)
What is Jurisdiction?
Jurisdiction is a government’s power to exercise legal authority over its persons, vessels, and territory. Within the context of MLE, jurisdiction is comprised of three elements:
1. Substantive law;a substantive domestic, foreign, or international law must apply to the particular enforcement situation
2. Vessel status/flag;- The only action that may be taken, with respect to a sovereign immune vessel engaged in activity that would otherwise be an enforceable violation of U.S. law or international law, is requiring such vessel to leave coastal State internal waters or territorial sea. Such vessels and the persons aboard them may not be boarded, searched, seized, or arrested under any circumstances
3. Location- Status/Flag
Warships, military aircraft, and other government vessels or aircraft on non-commercial service have sovereign immunity and are subject only to the jurisdiction of the flag State. Only thing that can happen is for them to leave the state line.
Your doing a boarding and come up on a vessel that does not have any nationality can you do a boarding on this vessel?
without nationality, and those assimilated as such, are subject to the jurisdiction of any nation. However, the location of the vessel may impose restrictions and/or limitations on U.S. jurisdiction. Vessel can only fly one and claim one state, and cannot claim protection.
What is Force Majeure mean?
a vessel is forced into US waters due to a natural cause or man made cause, not subject to coast state jurisdiction until remedy such vessel. Vessel may claim force majeure until the COTP realizes the vessel is not a threat.
Explain transit passage in your own words?
The U.S. may not exercise jurisdiction over foreign flag vessels engaged in transit passage, but may impose limited restrictions related to navigation safety; the prevention, reduction, and control of pollution; fishing; and the unloading or loading of any commodity, currency, or person in contravention of any fiscal, immigration, sanitary, or customs laws and regulations.
What is the (EEZ)
Its an international law that is adjacent to the territorial sea extending 200 NM from the baseline to protect natural resources. US may exercise jurisdiction to protect natural resources.
How far does the Contiguous zone extend?
24 NM from the baseline which the coastal state may exercise to prevent fiscal, immigration, sanitary and custom laws.
what is the Right of Approach allow?
Under international law, a warship, military aircraft, or other duly authorized vessel may approach in international waters in order to find out the vessels nationality.
If your boarding becomes a foot chase whats the farthest you will allow your member to pursue?
no farther from the shoreline reasonably necessary to effect the arrest. Contact local authorities for shore side help if you make the arrest.
What are some examples of a confined space?
A confined space has the following characteristics:
a. It is large enough to allow a person to enter and perform work;
b. It has limited or restricted means for entry or exit; and
c. It is not designed for continuous human occupancy
what is the Initial safety sweep for?
to identify any safety hazards, seaworthiness of the vessel.
What is a BISS inspection?
basic initial safety inspection is a quick look around the vessel for BT safety. Only for protection not for evidence.
What is a EISS inspection?
Extended Initial safety sweep is a lil bit more focused when the team expects reasonable suspicious.
Can you detain a individual on a foreign flag vessel?
Authority to detain individuals aboard a foreign flag vessel requires flag or coastal State authorization and, unless specified to the contrary, is considered implicit in any flag or coastal State authorization to take LE action with respect to the vessel.
