Searches and Inspections Flashcards
Initial Safety Sweep
A quick and limited protective inspection of a vessel for boarding team safety.
Extended Initial Safety Sweep
May be conducted only when reasonable suspicion exists that there is a particular hazard that may threaten the boarding team, known weapon, or unaccounted for personnel.
What are Federally Regulated Firearms?
- Machineguns
- Short barreled shotguns
- Short barreled rifles
- Suppressors
- Other miscellaneous weapons
Form 5320.4
Application for tax paid transfer and registration of firearm. Recommended but not required to be with the weapon.
Form 5320.2
Application to transport interstate or to temporarily export certain NFA. Recommended but not required to be with the weapon.
What should you do if you encounter a federally regulated firearm?
Contact OPCON and request to have the serial number run through the ATF.
Confined Space
Spaces not designed for continuous human occupancy, limited or restricted means of entry and exit, limited means of ventilation.
Enclosed Space
Any space, other than a confined space, that is enclosed by bulkheads and an overhead.
Who can certify a Confined Space gas free?
- Designated competent person
- Certified marine chemist
- Industrial hygienist
- CG gas free engineer
Fourth Amendment
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 tor things to be seized.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger: nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb: nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law: nor shall private property be taken for public use, without just compensation.
Elements of the Fifth Amendment
- Indictment of Grand Jury
- Double jeopardy
- Self incrimination
- Due process
- Just compensation
Search
An entry or intrusion by a government agent on a quest for evidence into an area where an individual has a reasonable expectation of privacy.
Reasonable Expectation of Privacy
- Is there an expectation of privacy by a person in the place where he/she is or controls?
- Is that expectation reasonable?
Plain View Discovery
The rule permitting a law enforcement officer, who is otherwise lawfully present in an area, to seize an item that is immediately apparent as evidence.
Elements of Plain View Discovery
- The officer must lawfully make an initial intrusion or otherwise be in a proper position from which he can view a particular area.
- It must be immediately apparent that the items observed may be evidence of a crime, contraband, or otherwise subject to seizure. Immediately apparent as evidence meets the probable cause requirement for seizure.
Reasonable Suspicion
The belief by a reasonable and prudent person based on articulable facts, that something has happened.
Probable Cause
The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been committed.
Consent Search
Voluntary agreement between the boarding officer and a person with control over a space to allow a search of that space.
Frisk
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.
Search Incident to Arrest
A detailed crush and feel search of an arrested individual’s person and thorough search of outer clothing for weapons, evidence, or means of escape.
Custodial Situation
Detention of a person is the temporary limitation of that person’s freedom of movement.
When may you detain a subject?
A detention must be reasonable in duration, method and location, and must be undertaken by a person with authority to detain.
How long may you detain a subject?
Duration reasonableness depends on the circumstances.
