RIGHTS, SPACES, ENTRIES Flashcards

1
Q

5TH Amendment Provides

A
Just Compensation,
Grand Jury,
Due Process, 
Double Jeopardy,
Self Incrimination.
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2
Q

4TH Amendment Provides

A

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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3
Q

What is BISS?

A

Basic Initial Safety Sweep

not search

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4
Q

What is EISS?

A

Extended Initial Safety Sweep

not search

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5
Q

Define the scope of a BISS and when it is to be completed.

A

The scope of the BISS is determined by the circumstances of the boarding, particularly the size, type, and condition of the vessel; the demeanor of the crew (knowledge, skill level and experience); and information available to the boarding team about potential threats or hazards aboard the vessel.

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6
Q

Bilge types on a BISS (Flow-through vs. Compartmented)

A

Flow-Through - scope of BISS is only to the aft-lowest point of the bilge.
Compartmented - BISS conducted on each individual bilge compartment.

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7
Q

Examples of BISS Hazards

A

Loose/Exposed Wiring, Oil Waste, Sharp Edges, Deck Plates missing, Holes, Corrosion.

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8
Q

Reasons to conduct an EISS

A

Known Weapon,
Unaccounted for Person,
Identify/Known Hazard.

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9
Q

When conducting an EISS for Unaccounted for Person(s). What size spaces can you check?

A

Any space a person can reasonably fit. (person/man-sized)

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10
Q

How to make a weapon safe if found.

A

Follow BOJAK, BO direction, if not sure Ask Operator how to download. Once clear, separate weapon and ammunition til completion of boarding.

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11
Q

What is a Confined Space?

A

Space not designed for continuous normal human occupancy. Potential for hazardous atmosphere.

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12
Q

Whom must inspect a Confined Space prior to entry?

A

Gas Free Engineer (GFE), Marine Chemist, Industrial Hygienist, or a competent person deemed by CO.

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13
Q

Define Search (verbatim)

A

An entry or intrusion by a government agent (including any person acting in a governmental capacity) on a quest for evidence into an area where an individual has a reasonable expectation of privacy.

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14
Q

Define Reasonable Suspicion (verbatim)

A

The belief by a reasonable and prudent person based on articulable facts that something has happened. (verbatim)

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15
Q

Define Probable Cause (verbatim)

A

The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been committed. (verbatim)

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.

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16
Q

Define a Private Space

A

Is there a reasonable expectation of privacy and is that expectation reasonable. (two-prong)

17
Q

Define a Common Space

A

Anything other than a Private Space

18
Q

Define Plain View Discovery

A

The rule permitting a law enforcement (LE) officer, who is otherwise LAWFULLY PRESENT in an area, to seize an item that is READILY APPARENT as evidence.

19
Q

Define Frisk

A

The crushing and passing of hands over the outer clothing of a person in search of weapons, when the officer suspects an individual may have a weapon that poses a threat to the boarding team or others

20
Q

Define and Explain (SIA) Search Incident to Arrest

A

A detailed “crush and feel” search of an arrested individual’s person and thorough search of outer clothing. Check immediate area of subject upon transfer, movement, etc.

21
Q

When may a Strip Search be conducted?

A

strip search may be conducted when there is a reasonable suspicion that a weapon, evidence, or means of escape is secreted on a person.

22
Q

Where will a Strip Search be conducted?

A

A strip search will be conducted in a location free from outside observation except for the personnel necessary to conduct the search. Strip searches should be conducted with a witness present. The witness should be of the same sex as the person being searched. If no witness of the same sex as the person to be searched is available, then the witness should remain immediately outside the search location, but within hearing distance to closely monitor the progress of the search. Videotaping of strip searches is not authorized.

23
Q

When may a Body Cavity Search be conducted?

A

A body cavity search may be conducted when there is a reasonable suspicion that a weapon, evidence or means of escape is secreted in the specified body cavity to be examined

24
Q

Who conducts a Body Cavity Search

A

Physical body cavity searches are to be conducted only by a licensed physician under clinical conditions. If a licensed physician is not readily available and suspicion remains that the individual has secreted a weapon, evidence or means of escape in a body cavity, then the individual should be kept under observation.

25
Q

What happens when a subject requests “Asylum”

A

Separate individual discreetly and quietly from crew and passengers. Notify BO.

26
Q

What are the 9 Prohibited Person’s to have a Weapon or Ammunition onboard?

A
  1. ) convicted of a misdemeanor crime of domestic violence
  2. ) convicted of a crime punishable by imprisonment for a term exceeding one year;
  3. ) who is a fugitive from justice;
  4. ) who is an unlawful user of or addicted to any controlled substance;
  5. ) who has been adjudicated as a mental defective or has been committed to any mental institution;
  6. ) who is an illegal alien;
  7. ) who has been discharged from the military under dishonorable conditions;
  8. ) who has renounced his or her United States citizenship;
  9. ) who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or