Some additional stuff Flashcards
14 USC 95
CGIS LE authority
19 USC 1581
Authorizes customs officers to perform: board vessels, examine documents, inspect/search vessels, and use all necessary force to compel compliance
50 USC 191
War and national defense
33 USC 1226
Ports, harbors, and coastal facility security
46 USC
Shipping
Vessel status
- US
- Foreign
- W/O nationality
- Assimilated to or treated as one w/o nationality
Vessel flag may be evidenced by what?
- Documents
- Flying the states ensign/flag
- Verbal claim by master or person in charge
Vessel types
- Commercial
- Recreational
- Government owned, non-commercial
- Warships
Two prong test for privacy
- Is there an expectation of privacy
2. is that expectation reasonable
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 lead a Reasonable and Prudent person, given the overall circumstances, to believe a crime has been committed
Inspection
Systematic process used to ensure compliance with government regulations
Consent search
Voluntary agreement between the BO and a person with control over a space to allow a search of that space
Investigatory questioning
Routine, non-accusatory
Interrogation
Likely to elicit an incriminating response
Custodial situation
Depends on whether a reasonable innocent person in the suspect’s position would feel a restraint on his or her freedom of movement to such an extent that it approaches a formal arrest
Detention
The act of keeping back, restraining, or withholding a person or property for a temporary, reasonable period of time for the purpose of inspection, investigation, or search when such an act does not
Attack triangle
- Weapon
- Delivery system
- Subjects actions
What is a weapon?
Physical means to cause harm
What is a delivery system?
Means to deliver weapon to target
What are the subjects actions?
The movement made by the subject, through this action, a reasonable LE officer would believe the subject intends to do them harm
Deadly force triangle
- Weapon
- Opportunity
- Subjects actions
Two prong test for opportunity
- Unrestricted access
2. Max effective range
Types of subjects
- Passive compliant
- Passive resistor
- Active resistor
- Active aggressor