MLEM Flashcards

1
Q

What is 14USC 522?

2-3

A

The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States.

Use to be USC 89

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2
Q

Where does the CG derive it LE authority?

1-3

A

14 USC 102
“The Coast Guard shall enforce or assist in the enforcement of all applicable federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States

Use to be USC 2

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3
Q

What is 14 USC 703?

2-4

A

USCG Custom’s authority

use to be USC 143

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4
Q

What are the 3 MARSEC levels

A
  • 1 is base line
  • 2 is an increased posture in response to a threat
  • 3 is set when an attack is deemed imminent
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5
Q

Who has the lead for all USCG shore side investigations?

2-6

A

CGIS

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6
Q

Under 14 USC 701 who is authorized to allow CG members to assist other LE agencies?
2-8

A

COPT/OPCON

Used to be USC 141

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7
Q

What is the jurisdictional triangle?

2-10

A
  • vessel flag/status
  • Substative law
  • location
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8
Q

Where is the contiguous zone and what laws are enforced there

A

12-24 nm

FISC laws

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9
Q

When can CG Officer carry their wepons ashore?

2-20

A
  1. Force protection and security on Coast Guard owned or leased property;
  2. Operations to deter or respond to acts of terrorism or transportation security incidents;
  3. PWCS functions; and
  4. Federal drug and migrant LE on waters subject to the jurisdiction of the United States and facilities, which has a reasonable nexus to the security of U.S. ports and waterways.
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10
Q

Policy for hot pursuit ashore?

2-20

A
  1. The Boarding Officer has probable cause to believe that a person is committing or has committed a federal felony rendering that person subject to arrest;
  2. The person flees ashore from Coast Guard pursuit;
  3. Coast Guard assistance is specifically requested in a shore side location where shore side LE personnel are not present or have insufficient capacity to pursue.
  4. The Boarding Officer is accompanied by another Boarding Officer or boarding team member; and
  5. The pursuit ashore of the person fleeing can be started immediately, maintained continuously, and completed promptly
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11
Q

What is the “exigent circumstance” a BO my conduct LE ashore

A
  1. In the Boarding Officer’s presence, a person is committing or has committed an unlawful act involving use of force, or the threat of use of force, that is likely to cause death or serious physical injury; and
  2. Shoreside LE personnel are not present, or have insufficient capacity to pursue and specifically request Coast Guard assistance.
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12
Q

What must a BO have to conduct a search for evidence?

3-29

A

probable cause

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13
Q

What must a BO have to conduct a frisk search?

3-34

A

reasonable suspicion

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14
Q

What is needed to preform a body cavity search?

3-43

A

reasonable suspicion

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15
Q

What are the 3 types of self defense?

4-3

A
  • individual
  • unit
  • nation
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16
Q

what are the UOF guidelines?

4-4

A
  • Only that force reasonably necessary under the circumstances may be used.
  • Force shall not be used where assigned duties can be discharged without it.
  • Excessive force may never be used; however,
  • nothing in the application of the Coast Guard Use of Force Policy shall be construed as to require personnel to meet force with equal or lesser force.
17
Q

What are the 5 situations where non-deadly force is authorized?
4-6

A
  1. For individual and unit self-defense;
  2. To compel compliance with a lawful order the Coast Guard has authority to issue;
  3. To prevent a federal crime or, where authorized, a serious state or foreign crime for which the Coast Guard has authority to act on behalf of that state or foreign government;
  4. To effect a lawful arrest or prevent an escape when there is probable cause that the suspect committed a federal crime (or non-federal crime if lawfully acting under nonfederal authority); and
  5. To prevent the theft of, intentional damage to, or destruction of property (including information) that the Coast Guard has authority to protect.
18
Q

When can a BO/BTM use deadly force to Lawfully Arrest or Prevention of Escape
Deadly

A

a. There is probable cause that the suspect has committed a felony involving the use or threatened use of deadly force;
b. The suspect is armed, or otherwise poses an imminent threat of death or serious physical injury to any person; and
c. The suspect has failed to obey an order to halt (such order shall be given when it is feasible to do so and would not increase the danger to the officer or others).

19
Q

Define Reasonable suspicion

B-13

A

Suspicion
The belief by a reasonable and prudent person, based on articulable facts, that something has happened (e.g., criminal activity is afoot or a particular condition exists). This is a comparatively low standard short of the probable cause threshold, but rising above the level of mere suspicion.

20
Q

define Probable cause.

b-13

A

The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been or is being committed. Probable cause is a judgment call made by a law enforcement (LE) officer based on the totality of the circumstances, including the officer’s training, experience, and analysis of the situation.

21
Q

What is an ROV boarding

A

Right of Visit