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34 Cards in this Set
- Front
- Back
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14 USC 2 Assistance |
CG shall enforce and assist in the enforcement of all applicable laws on, under, and over the high seas and waters subject to the jurisdiction of the US. |
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What are 5 fundamental sources of the CG authority |
1. Maritime LE 2. Customs 3. PWCS 4. Assistance 5. CGIS |
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14 USC 522 |
The CG may make inquiries, examinations, inspections, searches, and arrest upon the high seas and waters over which US has jurisdiction, for the prevention, detection and suppression of violations of US laws. For such purposes Commission, Warrant, and Petty Officers may at any time board any vessel subject to US jurisdiction, address inquiries to those on board, examine the ships papers and documents, and examine, inspect the vessel, and use all necessary force to compel compliance. |
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14 USC 143 Customs |
CG Commission, Warrant, Petty Officers are also customs officers. They can: A-Carry firearm, B-Execute and serve any warrant, subpoena, summons, or other process issued under the authority of the US C- Make arrest without a warrant for any offense against the US D- Perform any other LE duty that the Secretary of the DHS may designate |
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14 USC 95 CGIS |
LE authority to special agents |
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14 USC 141 Assistance Authority |
OGAs can request CG assistance when CG facilities and persons are specifically qualified to perform a particular activity. |
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Jurisdictional Triangle |
1. Vessel Flag status 2. Location 3. Substantive Law Prohibits a certain action and requires affirmative conduct. |
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4 types of nationalities |
1. US 2. Foreing 3. Stateless 4. Assimilated with stateless |
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Force Majeure |
A vessel force into into state waters by virtue of distress, it is exempt coastal state jurisdiction for a reasonable period of time. |
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Hot Pursuit |
The pursuit of a foreing vessel following a violation of law. Must be continuous and uninterrupted. |
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Innocent Passage |
The right of non- interference of a vessel transiting inbound, outbound or through a foreign territorial seas. A continuous and rapid traversing of the territorial seas. It may include anchoring. |
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Transit Passage |
The right of non interference of a vessel transiting through a foreign territorial sea that comprises an international strait used for navigation between areas of international waters. |
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Constructive Presence |
Mother ship |
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Assistance Entry |
The right of non-interference for a vessel conducting a bona-fide rescue. |
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Peace of the Port |
Under the peace of the port doctrine the US may choose to refrain their authority of a foreing flag vessel. |
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Pursuit ashore |
BO may pursue persons ashore if: 1. BO has PC 2. If subject flees ashore from CG pursuit 3. Shore side LE personnel are not present or insufficient, specifically request CG assistance 4. BO has to be accompanied 5. Has to be immediate, constant and promptly completed |
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Commandants UOF policy |
All force necessary to compel compliance All chapter 4 in the MLEM |
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4 Types of Subjects |
Passive Compliant Passive Resistor Active Resistor Active Aggressor |
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Step I |
The demeanor, and verbal and non-verbal communications that creates an atmosphere of compliance |
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Step II |
Verbal commands in the form of task direction with consequences aim at subject. |
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Step III |
Technics or actions with a low probability of connective tissue damage lacerations to the skin or broken bones. Proper application of handcuffs, pressure points and strength technics. |
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Step IV |
Technics or actions likely to result in connective tissue damage to the skin, or broken bones or that will cause irritation of the skin, eyes, and or mucus membranes. |
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Step V |
Technics and actions with a high probability of connective tissue damage, lacerations the skin, or broken bones. |
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Step VI |
Any force likely to result death or serious physical injury. |
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Deadly Force Situations |
A. Self defense B. Unit Self Defense C. When deadly force is the level reasonably required D. Lawful arrest or to prevent an escape E. Protection of property when vital to national security F. Protection of Hazardous materials or Deadly Weapons |
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5th Amendment |
Just compensation Grand Jury Due process Double jeopardy Self incrimination |
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Custodial situation |
When a reasonable innocent person in the subjects position would feel a restraint of a person's freedom of movements to such an extent that approaches a formal arrest. |
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4th Amendment |
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. |
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BISS |
A quick a limited protective inspection of a safety of the vessel for the BTM safety. |
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EISS |
Known safety hazard Unaccounted persons Known weapon and location |
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Search |
An entry or intrusion by an government agent on a quest for evidence into an area where a person has reasonable expectation of privacy. |
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Reasonable Suspicion |
The belief by a reasonable and prudent person based on articulable facts that something has happened. |
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Probable Cause |
The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, belive a crime has been committed. |
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Confine Space |
Not designed for constant human occupancy. -Restricted means of entry or exit -Potential for hazardous atmosphere -Potential for engulfment -Any other recognized safety or health hazard Gas free engineer Industrial Hygienist Marine Chemist Competent Person |
