SEAS II Flashcards
What is the purpose and scope of a frisk search
A frisk search is the crushing and passing of hands over the outer clothing of a person in search of weapons
What technique is used to conduct a frisk search
Define search
A search is an intrusion or entry by and agent of the government on a quest for evidence into an area where a person has a reasonable expectation of privacy
What level of suspicion is required to conduct a search
Reasonable suspicion
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
What level of suspicion is required to conduct an inspection
Are there any areas the boarding team cannot go when conducting an inspection?
Private spaces like stateroom, personal locker, locked tool drawer, vessel safe
Is any evidence of a crime discovered during an inspection admissible in court?
If it’s plain view discovery. evidence gathered legally and is relevant to the issue of guilt or innocence
The rule permitting a law enforcement officer who is otherwise lawful present in an area to seize an item that is readily apparent as evidence
Define a vessel examination
A safety inspection of the vessel to make sure the vessel is in compliance of all federal laws and regulations.
When should a biss be conducted
Before boarding to check for listing or leaning, gear on deck, lines in water, crew members demeanor, the boarding the vessel after greeting, explanation, and weapons
It’s a quick and limited protective inspection of a vessel for boarding team safety
Iss is conducted to identify any safety hazards that may exist and to ensure the seaworthiness of the vessel
What are the limitations of a biss
Only for protective purposes and not to gather evidence. It is not based on probable cause or reasonable suspicion. A biss is restricted to where potential safety hazards might exist.
All exterior decks
Common spaces messing facilities pilot house passage ways
Bilge spaces where flooding is likely to occur
Engineering spaces
Cargo or fish holds where flooding or indicators of instability may be evident
Does the vessel examination have to be concluded before before starting a criminal investigation
Yes
What spaces can you look in during a criminal investigation
Common spaces and an area where Coast Guard personnel has unrestricted access and where evidence is suspected to be located. If the suspected evidence is located in an area where a person has an expectation of privacy evidence may only be served as the boarding officer has pop Hawkeyes that evidence of a crime will be found in the area to be Siri for the individual who control the area voluntarily consents to the search for the entire vessel is subject to a customs border Search
What are the key vessel discrepancies that would lead to a recreational vessel termination
Insufficient lifesaving devices
Insufficient firefighting devices
Boating while intoxicated
Improper or no navigational lights displayed
Does not meet ventilation and or back fire flame control requirements
Vessel is in overloaded condition
Can any certified BO conduct a vessel examination on a commercial vessel
They can only check life saving equipment
What boarding form is used primarily for commercial fishing vessels
4100f
What is needed to terminate the voyage of a commercial fishing vessel
Only be made by the cognizant CG district commander or a person the cg district commander has delegated this authority
D26 46cfr28
What constitutional amendment protects private property
4th amendment
What amendment guarantees due process under law
5th amendment
What level of suspicion is required to affect and arrest
Probable cause
Why would you detain someone in lieu of arrest
If you have probable cause a crime has been committed or another agency is coming to arrest them you can detain them until then
What is the definition of arrest
Seize someone by legal authority and take into custody
What are the four elements of arrest
Authority intent knowledge compliance
How many hours do federal officers have to bring a suspect before federal magistrate for arraignment after making an arrest
Are any violations of vessel safety regulations subject to operator arrest
Can an operator be placed under arrest for violations of46usc2302 a b c?
46 US C 20302 penalties for negligent operations and interfering with safe operation
B a person operating a vessel in a grossly negligent manner that endangers the life limb or property of a person commits a class a misdemeanor and see an individual who is under the influence of alcohol or a dangerous drug in violation of the law of the United States when operating a vessel as determined under standards prescribed by the secretary by regulation
Are vessels normally subject to seizures under most laws that the cg enforces
Under which of the following laws would vessel seizure normally be authorized? Weapons related offenses Bui Grossly neg operations Narcotics personal possessions offenses Narcotics trafficking
All
Where is the maritime u. S. Boarder located
12
The reason to draw your PDW
The officer has a reasonable brill that deadly force maybe authorized or required
19usc1401
Defines a customs officer
19usc1581
Authorizes any custom officer to preform examination of documents inspect or search vessels and use all necessary force to compel compliance
What are the five fundamental sources of the Coast Guard enforcement authority
Maritime Law enforcement
Customs protection of security of vessels harbors and waterfront facilities assistance Coast Guard investigative services special agents
Communicate to the public your authority for conducting a boarding
The Coast Guard is here to come out safety to ensure every vessel is in compliance with the applicable federal laws and regulations by inspecting the proper equipment on board your vessel for the safety of the maritime environment
SNO
The SNO process is the means of a Coast Guard flag officer does not object to the subordinate commanders lawful authority to act the SNO process begins request made by the forwarding officer to Lieutenant who is the maritime law enforcement Chief of Sector I Requesting a SNO the flag officer is withholding the subordinate commanders authority to ensure that such actions are lawful by granting the SNO the flag officer is defining the limits of the subordinate commander‘s authority to act
Consensual boarding
A boarding conducted with the consent of the master where the boarding team only examine spaces with a consent of the master the consent may be revoked at any time no suspicion is required when conducting a consensual boarding evidence of a crime is discovered during a consensual boarding it is considered Plainview and the boarding team must receive authorization from the coastal state or the vessels flag state before taking enforcement action SNO is required to conduct any consensual boarding
4th amendment
The right of the people to be secure in their persons houses papers and affects against unreasonable searches and seizures
5th amendment
The right to protect against self-incrimination and double Jeopardy a person has a right to due process and a grand jury
Pre boarding procedures
Observation of the vessel activity pre-boarding questions develop a plan of action and determine a level of risk
