Terms Flashcards
Authority
The governments legal power to act
Vessel status
Warships, Gov. owned, Gov. owned non commercial, recreational
Vessel flag
US, Foreign, without nationality, assimilated to/without nationality
Substantive law
Laws that prohibit certain actions or require affirmative conduct.
Ex. Drug enforcement, immigration, living marine, PWCS
Jurisdiction
The Gov. Power to exercise legal authority over its persons vessels and territories
Jurisdictional triangle
Location
Vessel status/flag
Substantive law
Fundamental sources of authority
Maritime Law Enforcement Customs PWCS Assistance CGIS
Authorized to draw PDW
When deadly force is authorized, or there is reasonable possibility that deadly force may be required
Post shooting procedures
Call for medical assistance Handcuff person Transferred to med under CG escort Secure scene Provide statements to federal officials Firearm surrendered to federal investigators
Probable cause
The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances to believe that a crime has been or is being committed.
Reasonable suspicion
The belief by a reasonable and prudent person, based on articulable facts, that something has happened
Private space
A space controlled by an individual where there is a reasonable expectation of privacy
Common space
A space that is controlled by more than one persons
Two prong test for private spaces
Does that person have an expectation of privacy and is that expectation reasonable
Frisk search
The crushing and passing of hands over the outer clothing of a person in search of weapons.
Search incident to arrest
A detailed “crush and feel” search of the persons outer clothing
SMAC
Stop, Move away, Alert and close off
ALARA
As Low As Reasonably Achievable
Minimize time, maximize distance, use shielding
Arrest
Seizure and taking custody of a person believed to have committed a crime
Definition: Search
An entry or intrusion by a government agent on a quest for evidence in an area where an individual has a reasonable expectation of privacy
