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