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29 Cards in this Set

  • Front
  • Back

What are the four fundamental sources of Coast Guard Authority?

• General Authority: 14 USC 89 (a)


• Customs Authority: 14 USC 143 and 19 USC 1581(a)


• Assistance Authority: 14 USC 141


• Security Authority: 50 USC 191 (Magnuson Act), 33 C.F.R. 1226 Ports and Waterways Security Act, and 33 C.F.R. part 6 Protection and Security of Vessels, Harbors and Waterfront Facilities

What is the primary objective of a security patrol?

Protect an asset from an internal or external threat

What is Authority?

The government’s legal power to act

What is 14 USC 89 Coast Guard Authority?


Title 14 United States Code Section 89 is the law that defines the Coast Guard’s basic law enforcement authority.


Part (a) of 14 USC 89 states:


“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 the laws of the United States.


For such purposes commissioned, warrant, and petty officers may at any time go aboard 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 the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance.


When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken;


Or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized"

Who Has Authority Under 14 USC 89(a)?

• Commissioned, warrant, and petty officers of the Coast Guard


• Commissioned, warrant, and petty officers of the Coast Guard Reserve when on orders, and


• Temporary officer candidates who are prior enlisted CG petty officers

Who Does Not Have CG Authority?

• Coast Guard Reservists not on orders


• Coast Guard Auxiliarists


• Coast Guard Academy Cadets


• Coast Guard officer candidates that are not prior Coast Guard enlisted,


• Non-rated enlisted members of the Coast Guard

What is S.E.A.S.I.I.?

• Conduct Searches (quests for evidence)


• Conduct Examinations, (e.g., documents, licenses)


• Make Arrests (seizures of persons)


• Make Seizures (of property)


• Conduct Inspections, (e.g., PFDs, fire extinguishers)


• Make Inquiries, (e.g., pre boarding questions etc.).

What are the areas Listed In 14 USC 89(a) where the CG May Exercise Its Authority?

The Coast Guard has jurisdiction under 14 USC 89(a) while:


• On the high seas


• On waters subject to the jurisdiction of the United States


• On board foreign vessels in waters subject U.S. jurisdiction.


• On board U.S. vessels anywhere except in exclusive state waters


• Ashore, provided that a suspect is fleeing from one of the above

Define 14 USC 143

Commissioned, warrant, and petty officers of the Coast Guard are deemed to be officers of the customs and when so acting shall, insofar as performance of the duties relating to customs laws are concerned, be subject to regulations issued by the Secretary of the Treasury governing officers of the customs.

Who Has Customs Authority?

• Commissioned officers


• Warrant officers


• Petty officers


• Reservists on active duty

Customs Authority Defined by 19 USC 1581

Part (a) of 19 USC 1581 states:


"Any officer of the customs may at any time go on board of any vessel. within the customs waters, . . . and examine the manifest and other documents and papers and examine, inspect and search the vessel, . . . and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel. and use all necessary force to compel compliance"



Part (e) of 19 USC 1581 states:


“If upon the examination of any vessel . . . it shall appear that a breach of the laws of the United States is being or has been committed so as to render such vessel, or the merchandise on board, . . . liable to forfeiture or to secure any fine or penalty, the same shall be seized and any person who has engaged in such breach shall be arrested.”



Part (f) of 19 USC 1581 states:


“It shall be the duty of the several officers of the customs to seize and secure any vessel, . . . or merchandise which shall become liable to seizure, and to arrest any person who shall become liable to arrest, by virtue of any law respecting the revenue, . . . and to use all necessary force to seize or arrest the same.”

Authority Defined by 19 USC 1581

19 USC 1581 authorizes Customs officers to:


• Board vessels


• Examine the documents aboard


• Conduct searches


• Make seizures


• Make arrests,


• Enforce Customs laws of the United States

Jurisdiction Defined by 19 USC 1581

19 USC 1581 gives Customs officers jurisdiction while:


• In Customs Waters


• At the border for any vessel crossing the border or showing intent to cross the border or suspected of smuggling


• At the functional equivalents of the border (e.g. International airports or first port of entry when entering country).

Use of Force in Customs Authority

To exercise Customs authority, a boarding officer may use all force necessary to compel compliance.

Define Assistance Authority

14 USC 141 authorizes the Coast Guard:


Assistance Authority


• To give assistance that the Coast Guard is especially suited for to another law enforcement agency (Federal, State or local).


• To request (formally, not voluntary) assistance from another agency (Federal, State, local).

Define Jurisdiction

Jurisdiction is the government’s power to exercise authority over its persons, vessels and territory.

Elements of Jurisdiction


(Jurisdictional Triangle)

In the Coast Guard, as in any law enforcement agency, to establish jurisdiction all three elements of the “jurisdictional triangle” must be present. These three elements are:


• Location - geographical area where law enforcement authority can be exercised by an officer or agency


• Vessel status / flag – Vessels and individuals on them that are subject to enforcement authority


• Substantive law – a law that prohibits certain action or requires affirmative conduct

What are the 3 sides to the jurisdictional triangle?
Location

Vessel status/ flag


Substantive Law




If any side of the jurisdictional triangle is missing, there is no jurisdiction.

Vessel Defined
For law enforcement purposes, a vessel is a watercraft or other device used or capable of being used as a means of transportation on the water. Vessels do not include water toys, such as surfboards and inner tubes.
Basic types of vessels
Commercial vessel

Private/pleasure vessel


Govt-owned non-commercial vessel


Warship

Commercial vessel Defined
Any Vessel operated for profit



Examples:


• Tug & oil barge


• 650’ oil tanker


• Coastal freighter

Private/pleasure vessel Defined
Vessel not operated for profit nor owned by a govt.



Examples:


• 41’ private yacht


• 12’ private S/V


• 30’ sport fisher



Govt-owned non-commercial vessel Defined
Vessels owned by a govt. and not operated for profit



Examples:


• Marine Patrol boat


• NOAA research vessel

Warship Defined
Ship belonging to armed forces under command of commissioned officer with crew subject to military discipline



Examples:


• Russian cruiser


• U.S. Navy aircraft carrier


• C.G. WMEC

U.S. Vessel Defined
A U.S. vessel is either:

• Documented in the U.S.


• Given a state certificate of numbers or


• Owned solely or in part by a U.S. citizen, and not legally registered in another country.


• Was once documented under U.S. law and, without approval of the U.S. Maritime Administration, had either been sold to a non-U.S. citizen or placed under foreign registry or flag.

Foreign Vessel Defined
A foreign vessel is a vessel that:

• Is not a U.S. vessel


• Is legally registered under the laws of another nation and/or claims the nationality of that nation.

Stateless Vessel Defined
A stateless vessel is a vessel without nationality and making no claim of any nationality.



Example: A 52 ft cabin cruiser that is flying no flag. The master claims no country of registry.




A claim of statelessness subjects a vessel to the jurisdiction of all countries.

Assimilated to Stateless Vessel Defined
A vessel assimilated to stateless is a vessel being treated as if it were a stateless vessel because of a false or conflicting claim.



Examples:




• A vessel claims French registry, but the government of France denies it is registered there.


• A vessel claims registry in the U.K., is flying a Japanese flag.





Jurisdictional Locations
14 USC 89 (a) gives the Coast Guard the authority to take law enforcement action. The authority granted in 14 USC 89 (a) does not apply to all waters; it only applies to:

• High seas


• Water’s subject to the jurisdiction of the U.S.




The Boarding Officer must understand what waters are subject to the jurisdiction of the U.S. to prevent unauthorized boardings.