1
Q
What are the 5 fundamental sources of coast guard authority?
A
- Maritime Law Enforcement
- Customs
- PWCS, including LE ashore
- Assistance
- CGIS
2
Q
What law established the coast guard?
A
14 USC 101
3
Q
14 USC 101
A
Established the coast guard on January 28, 1915, shall be a military service and a branch of the armed forces at all times
4
Q
What law gave the coast guard their primary duties?
A
14 USC 102
5
Q
14 USC 102
A
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
6
Q
What law established what department the coast guard operates under?
A
14 USC 103
7
Q
14 USC 103
A
The coast guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy
8
Q
What law authorized the coast guard to save life and property?
A
14 USC 521
9
Q
14 USC 521
A
In order to render aid to distressed individuals, vessels, and aircraft on and under the high seas and on and under the waters over which the United States has jurisdiction and in order to render aid to individuals and property imperiled by flood
10
Q
What law gives the coast guard its maritime law enforcement authority?
A
14 USC 522 (a)
11
Q
14 USC 522 (a)
A
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 any time go onboard of any vessel subject to the jurisdiction or to the operation of any law of the United States, address inquiries to those onboard, examine the ship’s documents and papers, and examine, inspect, and search the vessel, and use all necessary force to compel compliance.
12
Q
What is authority?
A
The government’s legal power to act
13
Q
What law gives the coast guard its enforcement authority?
A
14 USC 523
14
Q
14 USC 523
A
Members of the coast guard, in the performance of their official duties may:
- Carry a firearm
- While at a facility make and arrest without warrant for any offense against the U.S. committed in their presence
- Seize property as otherwise provided by law
15
Q
What law gives the coast guard customs authority?
A
14 USC 703 pursuant to 19 USC 1401 (i)
16
Q
14 USC 703
A
Commissioned, warrant, and petty officers of the coast guard are deemed to be customs officers
17
Q
What law gives enforcement authority to customs officers?
A
19 USC 1589 (a)
18
Q
19 USC 1589 (a)
A
Gives customs officers the enforcement authority to:
- Carry a firearm
- Execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States
- Make an arrest without a warrant for any offense against the United States committed in the officer’s presence or for a felony, cognizable under the laws of the United States committed outside of the officers presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony
- Perform any other law enforcement duty that the Secretary of the Treasury may designate
19
Q
What are the limitations of the coast guard customs authority?
A
CG personnel are bound by the same rules and regulations as other customs officers, which may in some cases actually limit the coast guards action
20
Q
What additional customs authority is there?
A
- Conduct customs border searches
- Carry firearms and make warrantless arrests ashore
- Obtain the assistance of any person, including private entities, in making any arrest, search, or seizure authorized by any law enforced
21
Q
What law gives the coast guard its assistance authority?
A
14 USC 701
22
Q
14 USC 701
A
Federal, local, state, and tribal authorities can request assistance if qualified
- Controlled by federal law
- Request must be within bounds of their legal authority/policy
23
Q
What are the requirements for assistance authority?
A
- The head of the agency concerned must consent
- It must be for personal services, advice, information, or use of facilities
- The requested assistance must be helpful in the performance of the coast guards duties
24
Q
What provides COPT authority?
A
33 CFR 6
25
What authority is provided to the COPT under 33 CFR 6?
1. Place guards and remove people
2. Issue orders
3. Inspect and search vehicles
4. Establish security zones
26
What is jurisdiction?
The government’s power to exercise legal authority over its persons, vessels, and territory
27
What are the elements of jurisdiction?
1. Vessel flag/status
2. Location
3. Substantive law
28
What is a substantive law?
A law that prohibits a certain action or requires affirmative conduct
29
What are the jurisdictional exceptions?
1. Transit passage
2. Innocent passage
3. Assistance entry
4. Peace of the port
5. Force majeure
6. Constructive presence
7. Hot pursuit
8. Flag state authorization
30
What is transit passage?
The right of non-interference for a vessel transiting through a foreign territorial sea that comprises an international strait used for navigating between areas of international waters
31
What is innocent passage?
The right of non-interference for a vessel transiting inbound, outbound, or through a foreign territorial sea
32
What is assistance entry?
The right of non-interference for a vessel to enter a foreign territorial sea to conduct a bona fide rescue of those in danger or distress at sea
33
What is peace of the port?
The US may choose to refrain from asserting its jurisdiction over foreign flag vessels in its territorial sea and internal waters, leaving control of the matter to the flag state
34
What is force majeure?
A vessel forced into coastal state waters by virtue of distress, weather brought about by natural or man made causes. Is generally not subject to coastal state jurisdiction during a reasonable period of time necessary to remedy such distress
35
What is constructive presence?
Mothership outside of jurisdiction sends, and communicates with vessels inside of jurisdiction that violates laws
36
What is hot pursuit?
Allows a coastal state to preserve its jurisdiction to take LE action against a foreign flag vessel that flees beyond normal jurisdictional limits after it has committed a violation of the coastal states law
37
What are the jurisdictional special circumstances?
1. Right of approach
2. Right of visit
3. Consensual boarding
4. SNO
38
What is right of approach?
Under international law, the right of warships and other duly authorized vessels or military aircraft in international waters to approach any vessel in international waters and to verify its nationality through questioning
39
What is right of visit?
Under international law, the right of warships and other duly authorized vessels or military aircraft in international waters to board a vessel of unknown nationality in order to determine its nationality, or to board any vessel suspected of engaging in piracy, slave trade, or unauthorized broadcasting (universal crimes)
40
What is a consensual boarding?
When the master or person in charge of a foreign flag vessel on the high seas or other waters not within coastal state jurisdiction consents to the boarding of their vessel regardless of whether the coast guard has jurisdiction to board
41
What SNO is required to conduct a consensual boarding?
Flag or commandant (CG-DCO)
42
What are the requirements for pursuit ashore?
1. BO has probable cause to believe that the person is committing or has committed a federal felony rendering that person subject to arrest
2. The person flees ashore from CG pursuit
3. CG assistance requested where shoreside LE personnel not present
4. The BO is accompanied by another BO or BTM
5. Must be started immediately, maintained continuously, and completed promptly
43
What are the actions of pursuit ashore?
1. Pursue the suspect ashore on foot
2. Immediately notify TACON
3. Detain the person fleeing ashore for shoreside LE authorities
44
What are the restrictions for pursuit ashore?
The pursuit should not extend further from the shoreline than is reasonably necessary to affect an arrest
45
What are exigent circumstances? (Pursuit ashore)
1. In the boarding officers presence, a person is committing or has committed an unlawful act involving the use of force, or a threat of use of force, that is likely to cause death or serious physical injury
2. Shoreside LE personnel are not present
46
33 CFR 80.1395 (13 District section)
The 72 COLREGS shall apply on all waters of the puget sound and adjacent waters including lake Washington, lake Union, hood canal, and all tributaries
47
What is a boarding?
An armed intervention aboard a vessel to prevent, detect, and/or suppress violations of federal laws, international conventions, or treaties
48
Participation of non-coast guard personnel from OGAs during a boarding
They may participate in a CG boarding , if the CG is designated by the lead agency for a boarding, the CG BO is in charge, and all non-CG personnel must agree in advance to following their direction. If another agency is designated as the lead agency of the boarding, CG boarding team may assist/continue with the boarding, but still comply with the CG UOF policy
49
What determines the size of the boarding team?
1. Chapter 3 of the MLEM
| 2. Vessel size
50
A vessel less than ___ gross tons requires a minimum of 2 qualified armed LE personnel
300
51
A vessel greater than 300 gross tons requires a minimum of ___ qualified armed LE personnel
6
52
Required boarding equipment
1. Body armor
2. LE belt
3. Keepers (4)
4. PDW (one 12 round magazine loaded)
5. Two 12 round magazines
6. Handcuffs
7. Baton (15-22” expandable)
8. OC pepper spray
9. Boarding kit
53
What is in the BO kit?
1. Alco sensor
2. Ear pro
3. N95 mask
4. NARCAN
5. Digital camera/extra memory card
6. NIK Kit
7. Flex cuffs
8. Inspection mirror
9. Flashlight/batteries
10. Gloves
11. Tape measure
12. Multi tool
13. BOJAK
14. Whistles
15. PRD
16. 4-gas analyzer
17. Metal binder
18. 4100 form
19. FST sheets
20. SVDB sheets
21. SF-95 sheets
22. Evidence/Property bags
23. Evidence tags
54
What does the 4 gas analyzer detect?
1. O2 deficiency <19.5%->22%
2. Flammable vapor 10% of LEL
3. Hydrogen Sulfide
4. Carbon monoxide
55
What are the SMAC limits of the PRD?
1. 4500 microrem/hr
| 2. 20 neutron count per second
56
Where are pre boarding questions found?
BOJAK Section K-6
57
What is the purpose of pre boarding questions?
To obtain specific LE Information and to enhance the safety of the boarding team personnel
58
What are the pre boarding questions?
1. Name of vessel
2. Flag of vessel
3. Length of vessel
4. Purpose of voyage
5. Last port of call
6. Next port of call
7. Master/operator name
8. Master/operator DOB
9. Master/operator citizenship
10. Number of POB
11. Whether there are any weapons onboard
59
What is NTC?
DHS National Targeting Center
60
When are NTC checks required?
1. Required during boardings when possible
| 2. Typically during SVSB boardings
61
What is needed to conduct an NTC check?
1. Name
2. DOB
3. Nationality
62
SVSB
Small Vessel Security Boarding
63
RBS
Recreational Boater Safety
64
What is an RBS boarding
Traditional boarding requiring inspection of safety gear, navigational requirements, or pollution compliance
65
What is an SVSB boarding?
The purpose of security boardings of small vessels (<300 GT) is to disrupt operational planning and possible ongoing terrorist event. Check for nefarious intent
66
What is needed if evidence of criminal activity is discovered during a consensual boarding?
SNO from Flag/Commandant (CG-DCO)
67
What is the 4th amendment?
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, particularly describing the places to be searched and the persons or things to be seized
68
What is a private space?
Somewhere only one person has access
69
What is a common space?
Somewhere multiple people have access
70
When can you search a private space?
1. With consent
2. Subject to customs border search
3. With probable cause
71
Required level of suspicion for a search
Probable cause
72
Guiding principles related to conducting searches of persons
1. Utmost tact and ensure dignity
2. By same sex if possible, if not witness of same sex
3. No direct contact with exposed genetalia or breasts
4. All articles seized must be treated as evidence
73
What is a frisk search?
A crushing and passing of the hands over the outer layer of clothing of a person in search of weapons
74
What level of suspicion is required for a frisk search?
Reasonable suspicion
75
What is the scope of a frisk search?
Weapons only
76
Searches of persons detained onboard CG units and units under CG tactical control
1. May be searched for weapons
| 2. No suspicion is required to conduct the search
77
Intrusive pre-arrest searches of persons
1. Prior to the arrest for the discovery of evidence of a crime
2. Probable cause that the evidence of a crime is secreted on that person to be searched
78
What is a search incident to arrest?
A detailed crush and feel search of an arrested person, a thorough search of the outer clothing and search of the area in the immediate control of the arrestee
79
What level of suspicion is needed for an SIA?
None
80
What is a strip search
The intrusive removal of clothing and maybe as extensive as a visual examination of the nude body
81
What level of suspicion is needed for a strip search?
Reasonable suspicion
82
What is the scope of a strip search?
Weapon, evidence, means of escape
83
How to do a strip search
Use same sex, or witness of the same sex
84
What is a body cavity search?
Search of a body cavity
85
What level of suspicion is needed for a body cavity search?
Reasonable suspicion
86
Who can do a body cavity search?
Licensed physician or a medical professional if medically required
87
What is the scope of a body cavity search?
Weapon, evidence, means of escape
88
What is a search?
An entry or intrusion by an agent of the government on a quest for evidence into an area where an individual has a reasonable expectation of privacy
89
What is needed to do a search?
Specific factual basis for the suspicion and intended search location aboard the vessel
90
What level of suspicion is needed to conduct a customs border search
None, must have nexus with border. Must be reasonable, searching for merchandise
91
What is a minimally intrusive search?
Modification to property such as drilling small holes/cutting small patches, must be able to repair at the end of the boarding
92
What level of suspicion is needed to conduct a minimally intrusive search?
Reasonable suspicion that evidence of a crime may be discovered in the area to be searched
93
What is a destructive search?
Results in permanent alteration, modification, or destruction of any part of the vessel
94
What level of suspicion is needed to conduct a destructive search?
Probable cause
95
What is needed to conduct a destructive search?
Permission from TACON
96
What is the exclusionary rule?
When a person's 4th or 5th amendment rights have been violated by an unlawful search or interrogation, the items will be excluded as evidence in a court hearing/trial
97
What are exceptions the the exclusionary rule?
1. Independent source doctrine
2. Good faith rule
3. Inevitable discovery rule
98
What is the independent source doctrine?
Working with a different agency that has the authority to find the evidence that you found illegally
99
What is the good faith rule?
You board the wrong boat thinking it was the right boat
100
What is the inevitable discovery rule?
Something found illegally, but would have found it legally through the boarding
101
What is a plain view discovery?
LE officer who is otherwise lawfully present in an area can seize an item immediately apparent as evidence
102
What is an open view discovery?
When you discover evidence when not in the area
103
What are the 5 elements of the 5th amendment?
1. Just compensation
2. Grand jury
3. Double jeopardy
4. Due process
5. Self-incrimination
104
What is just compensation?
Private property shall not be taken for public use without fair market value
105
What is a grand jury?
You have a right to a jury for your case (13-23 individuals)
106
What is double jeopardy?
Can't be tried for the same crime twice
107
What is due process?
No person shall be deprived of life, liberty, or property
108
What is self-incrimination?
A person has the right to not answer incriminating questions about themselves
109
When should rights advice be given?
Prior to interrogating suspects if they are in a custodial situation
110
What should be done during a spontaneous statement?
Document what is said and notify TACON
111
What is evidence?
Anything including testimony, documents, and tangible objects that tend to prove or disprove a fact at issue
112
CG-4100
Boarding form
113
CG-5117
Property tag
114
What is the purpose of a property tag?
Establish a chain of custody
115
SF-95
Provided to claim for damages, injury, or death
116
What are the enforcement options during an RBS boarding?
1. Written warning
2. Notice of Violation
3. Termination
4. Arrest/Seizure
117
When can a voyage be terminated?
Unsafe operations and especially hazardous conditions exist that can't be corrected on the spot
118
Where is guidance for terminations found?
BOJAK D-36
119
When is a case package required?
1. Seizure of a vessel, evidence, or contraband
2. Arrest of a person
3. Detention of a person for further transfer to another LE agency
4. Recovery of jettisoned contraband when apprehension of a vessel and/or crew is likely
120
Where is guidance for a case package found
MLEM appendix G
121
Where is the CG use of force policy found?
MLEM chapter 4
122
What are the guiding principles of the CG use of force policy?
Only that force reasonably necessary under the circumstances may be used. Force shall not be used where assigned duties can be discharged without it. Excessive force may never be used; however, nothing in the application of the coast guard's use of force policy shall be construed as to require personnel to meet force with equal or lesser force
123
Three types of self-defense
1. Individual
2. Unit
3. National
124
What is individual self-defense?
Defend oneself or others
125
Five non-deadly force circumstances
1. Individual self-defense
2. To compel compliance with an order the CG has authority to issue
3. To prevent a federal crime
4. To affect a lawful arrest or prevent escape
5. To prevent theft of, damage to, or destruction of property
126
What is deadly force?
Any force that is likely to cause death or serious physical injury
127
What is serious physical injury?
Actual physical injury to the body that results in unconsciousness, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ, or mental faculty
128
Six deadly force circumstances?
1. Self-defense
2. Vessel-on-vessel
3. Effect lawful arrest or prevent escape
4. Protection of property
5. Protection of HAZMAT
6. Airspace security
129
Criteria that must be met in order to draw your PDW
1. Deadly force is authorized
| 2. Deadly force situation is imminent
130
Post shooting procedures
1. Secure the scene
2. Handcuff the injured person
3. Call for medical assistance
4. Render 1st aid
5. Release injured persons to medical authority only under CG escort or after being turned over to other LE agency
6. No statements to anyone other than federal officers investigating (No self-incrimination)
7. Surrender firearm to federal investigations and receipt obtained
131
Where can post shooting procedures be found?
MLEM appendix I
132
What is needed to arrest a subject during a boarding?
Approval from TACON
133
18 USC 2237
- Failure to heave to, obstruction of a boarding, providing false information
- Unlawful to forcibly resist, oppose, impede, intimidate, or interfere with a BO/LE action or provide materially false information
- Felony
134
26 USC 5861
- Unlawful to receive or possess a federally regulated firearm which is not registered to the same person in the national firearms registration and transfer record; or to mutilate a serial number.
- Felony
135
What are federally regulated firearms?
1. machine guns
2. short barreled shotguns
3. short barreled rifles
4. Silencers
5. Destructive devices
6. Any other weapons
136
18 USC 922 (g)
- Prohibited persons to own firearms
| - Felony
137
What are the prohibited persons for owning firearms?
1. Convicted felon
2. Fugitive from justice
3. User/addicted to controlled substance
4. Adjudicated as being mentally incompetent/committed to a mental institution
5. Illegal alien
6. Dishonorable discharge
7. Renounced US citizenship
8. Court order for harassing, stalking, or threatening partner or child
9. Domestic violence
138
18 USC 7
Special Maritime and Territorial Jurisdiction
139
SMTJ
1. High seas
2. US vessels in foreign waters
3. Great Lakes
4. Federal reservations
5. Lands, waters not within or near the 50 states
6. Territories
140
33 CFR 165.1327
- Establishes security zones for escort of Navy submarines
- Sector Seattle COTOP Zone
- 1000 yard security zone
- Fines, arrest, seizure of vessel
141
33 CFR 165.1328
Establishes Regulated Navigation Area; US Navy submarines in the Hood Canal. Must follow lawful orders by the CG
142
RNA
Regulated Navigation Area
143
10 USC 130 (i)
Protection of certain facilities and assets from unmanned aircraft
144
Drone Protection
1. Detect drone
2. Warn operator
3. Disrupt control
4. Seize/Exercise control
5. Seize/Confiscate
6. Use reasonable force to disable, damage, or destroy
145
Five limited access areas
1. Regulated Navigation Area (RNA)
2. Safety Zone
3. Security Zone
4. Restricted Waterfront Area (WRA)
5. Naval Vessel Protection Zone (NVPZ)
146
WRA
Restricted Waterfront Area
147
NVPZ
Naval Vessel Protection Zone
148
Sector Puget Sound marijuana policy for personal use
1. Usable 1oz
2. Solid 16 oz
3. Liquid 72 oz
149
Sector Puget Sound marijuana policy for medical use
1. usable 24 oz
| 2. 15 plants
150
What is required for marijuana enforcement?
SNO from D13
BO
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