Stuff To Know Flashcards
What are the 5 fundamental sources of coast guard authority?
- Maritime Law Enforcement
- Customs
- PWCS, including LE ashore
- Assistance
- CGIS
What law established the coast guard?
14 USC 101
14 USC 101
Established the coast guard on January 28, 1915, shall be a military service and a branch of the armed forces at all times
What law gave the coast guard their primary duties?
14 USC 102
14 USC 102
The coast guard shall enforce or assist in the enforcement of all applicable federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States
What law established what department the coast guard operates under?
14 USC 103
14 USC 103
The coast guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy
What law authorized the coast guard to save life and property?
14 USC 521
14 USC 521
In order to render aid to distressed individuals, vessels, and aircraft on and under the high seas and on and under the waters over which the United States has jurisdiction and in order to render aid to individuals and property imperiled by flood
What law gives the coast guard its maritime law enforcement authority?
14 USC 522 (a)
14 USC 522 (a)
The coast guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go onboard of any vessel subject to the jurisdiction or to the operation of any law of the United States, address inquiries to those onboard, examine the ship’s documents and papers, and examine, inspect, and search the vessel, and use all necessary force to compel compliance.
What is authority?
The government’s legal power to act
What law gives the coast guard its enforcement authority?
14 USC 523
14 USC 523
Members of the coast guard, in the performance of their official duties may:
- Carry a firearm
- While at a facility make and arrest without warrant for any offense against the U.S. committed in their presence
- Seize property as otherwise provided by law
What law gives the coast guard customs authority?
14 USC 703 pursuant to 19 USC 1401 (i)
14 USC 703
Commissioned, warrant, and petty officers of the coast guard are deemed to be customs officers
What law gives enforcement authority to customs officers?
19 USC 1589 (a)
19 USC 1589 (a)
Gives customs officers the enforcement authority to:
- Carry a firearm
- Execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States
- Make an arrest without a warrant for any offense against the United States committed in the officer’s presence or for a felony, cognizable under the laws of the United States committed outside of the officers presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony
- Perform any other law enforcement duty that the Secretary of the Treasury may designate
What are the limitations of the coast guard customs authority?
CG personnel are bound by the same rules and regulations as other customs officers, which may in some cases actually limit the coast guards action
What additional customs authority is there?
- Conduct customs border searches
- Carry firearms and make warrantless arrests ashore
- Obtain the assistance of any person, including private entities, in making any arrest, search, or seizure authorized by any law enforced
What law gives the coast guard its assistance authority?
14 USC 701
14 USC 701
Federal, local, state, and tribal authorities can request assistance if qualified
- Controlled by federal law
- Request must be within bounds of their legal authority/policy
What are the requirements for assistance authority?
- The head of the agency concerned must consent
- It must be for personal services, advice, information, or use of facilities
- The requested assistance must be helpful in the performance of the coast guards duties
What provides COPT authority?
33 CFR 6