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21 Cards in this Set
- Front
- Back
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What is authority? |
Authority is the govts legal power to act. The CG must have specific statutory basis of authority before taking law enforcement action. |
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5 fundamental sources of authority? |
MLE- 14usc2 & 14usc89(a) PWCS- 14usc99 CUSTOMS- 14usc143 ASSISTANCE- 14usc141 CGIS |
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14 USC 2 |
CG basic authority to enforce or assist with all federal or applicable laws under or over the high seas and Waters subject to us jurisdiction. To function as a Specialized Service in the Navy in time of War. |
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14 USC 89 (a) |
What: Seziers Examinations Arrests Searches Inspection Inquires Who: commissioned, Warrent, petty officers Why: enforcement of all US laws When: when it appears the laws have been broken Where: upon the high seas , waters over which the United States has jurisdiction or any vessel subject to the jurisdiction or to the operation of any law in the United States. |
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Who is granted Authority in the Coast Guard under 14 USC 143? |
Petty officers, Chief Warrent officers, commissioned officers have the ability to be custom officers |
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Where does our Authority reside? |
Baseline- shoreline Internal water- baseline inland to all water that touches. Border- 3 NM Territotial- 12 NM Contiguous zone- 12 NM-24 NM Exclusive economic Zone- baseline- 200NM (Commerce and trade) International- 12 NM to next territotial sea of 12 NM or less High see- 200 NM- Next territotial sea Nexus- connected to US territory by a means of travel |
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Where does our Authority reside? |
Baseline- shoreline Internal water- baseline inland to all water that touches. Border- 3 NM Territotial- 12 NM Contiguous zone- 12 NM-24 NM Exclusive economic Zone- baseline- 200NM (Commerce and trade) International- 12 NM to next territotial sea of 12 NM or less High see- 200 NM- Next territotial sea Nexus- connected to US territory by a means of travel |
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What is the low mean water line? |
Low tide up to 3 NM |
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What is customs Authority and how does it apply as a BTM? |
Custom Authority allows us to do boardings and general LE. We are and can be assisted by custom agents and ice agents however we have to stay within our means of authority and our UOF Policy. |
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What is customs Authority and how does it apply as a BTM? |
Custom Authority allows us to do boardings and general LE. We are and can be assisted by custom agents and ice agents however we have to stay within our means of authority and our UOF Policy. |
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What is 14 USC 141? |
Allows the Coast Guard to assist with in capabilities (especially qualified) to preform a particular activity. Subject to the availability of resources, within legal bounds and consistent with policies. Also allows the request of assistance from other agencies with permission MOA/MOU- memo of agreement/understanding |
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What is jurisdiction? |
Jurisdiction is the government's legal right to exercise authority over its person's, vessels, and territory. |
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What are the jurisdictional elements? |
Location: area of water a vessel, person, or aircraft is over Vessel/flag status: US, Foreign, without nationality, or assimilated to one without nationality. |
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What are the jurisdictional elements? |
Location: area of water a vessel, person, or aircraft is over Vessel/flag status: US, Foreign, without nationality, or assimilated to one without nationality. Substantive law: prohibits certain actions or requires affirmative conduct |
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Explain flag status classifications |
Us flagged: federally documented and/or owned by a US resident Foreign flagged: documented in another place W/o nationality: not claiming one single nation Assimilated to or treated as without nationality: ie. Flying one flag and operating or identifying as a different nationality |
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What are valid ways to claim nationality? |
Documentation, verbal claims, flying flag |
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What are the four types of vessels? |
Commercial- subject to our jurisdiction Recreational- subject to our jurisdiction Govt owned non commercial (NOAA) Warships (other countries included) |
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What is a consensual boarding and what are its limitations |
Concentual boarding means you can stay or leave as long as the captain is okay with it. you don't have to leave if there is reasonable suspicion that there is something worth looking into ie a crime has been committed. Limitations include: going into only common spaces unless it falls below the waterline and there may be reason to check, only look with what's in plain sight. |
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Describe exigent circumstances. |
ACT first, ask later In a case where the have to act immediately without getting permission to build a case but also save people (if peoples lives were in danger, ship sinking or going to explode.) |
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What are exceptions to jurisdiction? |
Innocent Passage -travel just to travel Transit similar as innocent passage but within shipping lane force majeure- storm/ weather/distress Hot Pursuit- continue to follow into other territories as long as you maintain visual or radar but as soon as you lose radar when you are within other territories you cannot continue the pursuit Constructive precense- acting within a territory without physically being in the territory Flag state authorization- permission from home state to conduct law enforcement consensual boarding- leave or stay as long as Captain is okay with it |
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What are three international laws upon the Water? |
Slave trade piracy unauthorized Broadcasting |
