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
Passive compliant
Follows the officers verbal requests or directions
Passive resistor
Does not follow officers verbal direction, but offers no physical resistance to officers attempts to gain control
Active resistor
Does not follow verbal directions, offers physical resistance that prevents or may prevent an officer from gaining control, but does not attempt to harm the officer
Active aggressor
Attempts to attack or harm the officer
Levels of force
Level 1: Officer presence Level 2: Verbal commands Level 3: Control techniques Level 4: Aggressive response techniques Level 5: Intermediate weapons Level 6: Deadly force
When to move up or down the continuum
SAFER Safety/security Attack Flight Excessive reps Revised priorities
Appropriate level of force
- Level below not effective
- Current level not effective
- Current level may not be safe to employ
- Next level of force would be excessive
Officer presence
Appearance, demeanor, and verbal and non-verbal communication that creates an atmosphere of compliance
LEAPS
Listen Empathize Ask questions Paraphrase Summarize
Drawing PDW/OC/Baton/Handcuffs is what level of force?
Level 1
Verbal commands
Task direction with consequences aimed at the subject
Control techniques
Techniques or actions with a low probability of causing connective tissue damage, lacerations of the skin, or broken bones
Control techniques are preceded by what?
Verbal commands
What are the control techniques?
Restraint devices, pain compliance, strength techniques, escorts, normal application of handcuffs, pressure points
Aggressive response techniques
Techniques or actions likely to result in connective tissue damage, lacerations, broken bones, or that will produce irritation of the skin, eyes, and/or mucus membranes
What are the aggressive response techniques?
Kick, stuns, punches, takedowns, and chemical irritants
Intermediate weapons
Techniques or actions with a high probability of causing connective tissue damage, lacerations, or broken bones
Three stances
- Interview
- Ready
- High guard
How big is the reactionary gap?
4-6 ft
What do to during a hostage situation when NOT the hostage
- Take cover
- Notify boat/OPCON
- Do not antagonize the hostage taker
- Listen and keep track of information/demands
- Limit communications
What do to as a hostage
- Do not antagonize captors
- Don’t play hero
- Don’t panic, whine, or cry
- Attempt to cultivate a friendship (present yourself as a person)
- Escape if there is a clear opportunity
Purpose of Basic Initial Safety Sweep
Identify any safety hazards that may exist and ensure the seaworthiness of the vessel being boarded
Scope of BISS
Circumstances of the boarding, size, type, and condition of the vessel, demeanor of the crew and info about potential threats or hazards
What is a BISS
Quick and limited protective inspection
Level of suspicion for a BISS
None
EISS scope
- Known safety hazard
- Unaccounted personnel
- Known weapon
Two prong test for a known weapon
- Known weapon
2. Known location
Classes for intrinsically safe equipent
Class I - gasses/vapors: gasoline, ammonia
Class II - Combustible dust: sugar, wheat, rice, corn
Class III - Easily ignitable fibers or filings: wood shavings, sawdust, cotton fibers
ALARA
As Low As Reasonably Acheivable
SMAC
Stop, Move away, Alert, Close off
What’s needed to terminate a voyage?
- Specified unsafe condition
- The unsafe condition creates an especially hazardous condition
- The operator cannot correct the condition on the spot
Negligence
Implies the failure to exercise that degree of care a reasonable person under like circumstances would demonstrate
Gross negligence
Implies a conscious or voluntary act or omission with reckless disregard of consequences
What are intermediate weapons?
Baton, less than lethal ammunition
Characteristics of baton
- 15-22 inches expanded
- Steel shaft, silver in color
- No knurling or sharp edges
- Rubber non-slip foam grip
- Must have manual expansion
Who can certify a space gas free?
- Gas free engineer
- Marine chemist
- Industrial hygienist
- Competent person (designated in writing)
Body armor protection
III a
