Terms and definitions Flashcards
4th Amendment
Protection of the people against unlawful search and seizure.
5th Amendment
Due process, double jeopardy, self incrimination, trial by jury, private property be taken for public use, without just compensation.
Reasonable
Decision making acceptable to the general public.
14USC2
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.
Jurisdiction
- is a government power to exercise legal authority over its persons, vessels, and territory.
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.
Reasonable suspicion
The belief by a reasonable and prudent person based on articulable facts that something has happened.
Authority
The governments legal power to act.
14USC89
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 anytime go on board of any vessel subject to the jurisdiction or to the operation of any law of the United States, address inquiries to those on board, examine, inspect and search the vessel and use all necessary force to compel compliance.
SEASII
Search Examine Arrest Seize Inspect Inquire
3 elements of Jurisdiction
Location
Vessel/flag status
Substantive law
T.A.C.K
Thorough
Acceptable
Clear
Kiss
L.E.A.P.S
Listen Empathize Ask questions Paraphrase Summarize
S.A.F.E.R
Safety/security Attack Flight Excessive repetitions Revise priorities
P.A.D.I
Perceive the threat
Analyze the situation
Develop a plan
Initiate a response
