14 USC 522a
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 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 the ship’s documents and papers, and examine, inspect, and search the vessel, and use all necessary force to compel compliance.
14 USC 522b
CG Officers May serve as officers of other executive offices but must adhere to the laws/regulations of that agency.
14 USC 522c
CG officers may assume more provisional powers when serving for other executive agencies.
14 USC 143
19 USC 1401
Coast Guard petty officers, warrant officers, and commissioned officers are also customs officers.
19 USC 1589a
Carry a firearm;
b. Execute and serve any order, warrant, subpoena, summons, or other process issued
under the authority of the United States;
c. 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, and committed outside the officer’s presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; and
d. Perform any other LE duty that the Secretary of the Department of Homeland Security (DHS) may designate.
Additional Customs Authority
- Conduct customs border searches
- Carry firearms and make warrantless arrests ashore
- Obtain the assistance of any person, including private entities, in making any arrest
Protection and Security of Vessels, harbors, and Waterfront Facilities, including LE ashore
A. The Maritime Transportation Security Act;
b. The Magnuson Act and 33 Code of Federal Regulations (CFR) Part 6;
c. The Ports and Waterways Safety Act (PWSA);
d. The Homeland Security Act; and
e. The Coast Guard and Maritime Transportation Act of 2004.
Marine Transportation Security Act
The Maritime Transportation Security Act (MTSA) gives primary authority for Maritime Security (MARSEC) levels, port facilities, vessel reporting requirements, and enforcement security penalties
Magnuson Act and 33 CFR part 6
the authority to establish security zones, issue orders, inspect and search any vessel, waterfront facility, security zone, or person, article or thing thereon or therein, place guards, and remove unauthorized persons, articles, and things there from if the COTP deems such action necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States or to secure the observance of the rights and obligations of the United States.
What is the code for the Magnuson Act?
50 USC 191
14 USC 99
1) carry a firearm
(2) while at a facility
(A) make an arrest without warrant for any offense against the United States committed in their presence; and
(B) seize property as otherwise provided by law.
14 USC 99
Where and When?
- At facilities;
- While conducting port security operations; and
- For offenses clearly tied to our statutory homeland security missions.
What is the code for waterfront facility?
46 USC 70101
Definition of a waterfront facility.
all piers, wharves, docks, or similar structures to which vessels may be secured and naval yards, stations, and installations, including ranges; areas of land, water, or land and water under and in immediate proximity to them; buildings on them or contiguous to them and equipment and materials on or in them.”
Code for access to facilities and/or vessels at facilities
33 CFR 101.515
Code and definition of Ports Waterways Security Act
33 USC 1226
take actions to prevent or respond to an act of terrorism against an individual, vessel, or public or commercial structure, that is subject to the jurisdiction of the United States
Authorized acts under PWSA
- Port and harbor patrols;
- Establishment of security and safety zones; and
- Development of contingency plans and procedures.
Homeland Security Act
established the homeland security missions of the Coast Guard: Ports, Waterways and Coastal Security (PWCS), drug interdiction, migrant interdiction, defense readiness, and other LE missions.
Coast Guard and Marine Transportation Act of 2004
establishes the Coast Guard’s authority to carry a firearm in the performance of official duties and, while at a facility, make an arrest without a warrant for any offense against the United States committed in their presence and/or seize property as otherwise provided by law.
14 USC 141
Under 14 U.S.C. 141, federal, state, and local agencies can request Coast Guard LE assistance when Coast Guard facilities and persons are especially qualified to perform a particular activity
The requirements for a lawful request for assistance made by the Coast Guard under 14 U.S.C. 141 are:
- The head of the agency concerned must consent to the agency’s cooperation;
- It must be for personal services, advice, information, or use of facilities;
- It must be directed toward a federal agency, state, territory, possession, or political
subdivision thereof, or the District of Columbia; and
- The requested assistance must be helpful in the performance of the Coast Guard’s
33 CFR part 6
33 CFR 6.04-11 permits Coast Guard COTPs to enlist the aid and cooperation of federal, state, county, municipal, and private agencies to assist in the enforcement of regulations issued pursuant to 33 CFR Part 6, which primarily involve enforcement of security zones.
14 USC 95
Three elements of Jurisdiction
- Substantive law;
- Vessel status/flag; and
Exceptions to jurisdictional requirements
ROV, consensual boardings, rendering assistance
A substantive law is one that prohibits certain action or requires affirmative conduct.
When was the UNCLOS signed?
What article of the UNCLOS authorizes ROVs?
What three things provide the Coast Guard with a basis for taking limited action without obtaining flag State authorization:
Can the CG conduct ROV boardings from properly marked vessels on non-commercial government service regardless of whether they are under the command of a commissioned officer?
Pursuit Ashore in the U.S. from the Water
- The Boarding Officer has probable cause to believe that a person is committing or has committed a federal felony rendering that person subject to arrest;
- The person flees ashore from Coast Guard pursuit;
- Coast Guard assistance is specifically requested in a shore side location where shore side LE
personnel are not present or have insufficient capacity to pursue.
- The Boarding Officer is accompanied by another Boarding Officer or boarding team
- The pursuit ashore of the person fleeing can be started immediately, maintained
continuously, and completed promptly.
14 USC 99
- Carry firearms;
- Make an arrest without a warrant for any offense against the United States committed in their
- Seize property as otherwise provided by law.
National Security Vessel of Interest
a threat-based screening process for vessels, crew, and passengers.
What page is the jurisdictional map located?
Fundamental Reasons for Boardings
a. To enforce all U.S. law or International Convention that applies in the maritime realm, particularly relating to marine safety, maritime security, illicit drugs, customs, living marine resources, and immigration;
b. To detect illegal activity in the maritime domain, and to respond and deter such activity when it occurs; and
c. To educate mariners on the proper and safe practices associated with operating vessels.
Boarding Team Size for 300+ GT?
For Security Boardings greater than 300 gross tons, teams shall be comprised of a minimum of six qualified armed LE personnel
Boarding Team Size for less than 300 GT?
For non-Security Boardings and for Security Boardings on vessels less than 300 gross tons, teams shall be comprised of a minimum of two qualified armed LE personnel
Special Operations Vessel
one involved in a controlled delivery, an undercover LE operation, or a non-LE mission for another U.S. agency, and normally should not be boarded.
minimum information needed to conduct an LE intelligence database check
the individual’s name, nationality, and date of birth.
What is the title of the DD-1149 form?
Requisition and Invoice/Shipping Document
What is the purpose of a security boarding?
To deter acts of terrorism and Transportation Security Incidents
US Code for Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information
18 USC 2237
What is the US Code for Murder?
18 USC 1111
What is PD-27?
advise the Department of State Operations Center of incidents that are developing in a way that could impact adversely upon the conduct of US foreign relations.
What is MOTR’s purpose?
The MOTR Plan established a network of integrated national-level maritime command centers, including the National Command Center, in order to achieve coordinated, unified, timely, and effective U.S. Government MOTR planning and operational maritime command and control.
What are the FIVE criteria that will start the MOTR plan process?
a. Any terrorist or foreign state threat exists within the maritime domain
b. More than one federal department or agency has become substantially involved in responding to the threat;
c. The agency or department either lacks capability, capacity, or jurisdiction to address the threat;
d. Upon resolving the threat, the initial responding federal department or agency cannot execute the disposition of
cargo, people, or vessels acting under its own authority; or
e. The threat poses a potential adverse effect on the foreign affairs
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 warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched , and the person or things to be seized.
The seizure and taking into custody of a person, believed to have committed a crime, that occurs by the use of physical force or display of official authority, to which the person submits.
Chain of Custody
The custodial history of property, from the time it was seized until it is presented at court, according for each and every change in custody.
The act of keeping back, restraining, or withholding a person or property for a temporary, reasonable period of time for the purpose of inspection, investigation, or search when such act does not amount to an arrest or property seizure.
Anything including testimony, documents, and tangible objects that tend to prove or disprove a fact in issue.
Any questions, statements, or actions reasonably likely to elicit an incriminating response from the subject.
The government’s right to exercise legal authority over its persons, vessels, and territory. Within the context of MLE, jurisdiction is comprised of three elements: substantive law, vessel flag/status and location.
The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been committed. Probable cause is a judgment call made by a LE officer based on the totality of the circumstances, including the officer’s training, experience, and analysis of the situation.
The belief by a reasonable and prudent person based on articulable facts, that something has happened. This is a comparatively low standard short of the probable cause threshold, but rising above the level of mere suspicion.
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.
Right of Visit
Under international law, the right of warships and other duly authorized vessels and 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.
An entry or intrusion by a government agent, including any person acting in a government capacity, on a quest for evidence into an area where an individual has a reasonable expectation of privacy.
14 USC 2
The Coast Guard shall enforce or assist in the enforcement of all applicable federal laws on, under, and over the highs seas and waters subject to the jurisdiction of the U.S.
What is the code for the Drug Trafficking international Violation Act?
18 USC 2285
18 USC 2285
Whoever knowingly operates, or attempts or conspires to operate, by any means, or embarks in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial seas with an adjacent country, with the intent to evade detection, shall be fined under this title, imprisoned not more than 15 years, or both.
46 USC 70503
An individual may not knowingly or intentionally manufacture or distribute, or possess with the intent to manufacture or distribute, a controlled substance on board a vessel of the US or a vessel subject to the jurisdiction of the US; or any vessel if the individual is a citizen of the US or a resident alien of the US.
What is the title of Chapter 1 of the MLEM?
Enforcement of Laws and Tr Aries Framework
What is the title of Chapter 2 in the MLEM?
Domestic and International law and Policy Framework.
What are the THREE criteria that must be met for Border Searches at a FEB?
- Must have a NEXUS with the border.
- No material change since the NEXUS.
- Must be completed at the first possible moment.
What are the THREE criteria that must be met for a Boarder Search at an Extended Border?
- Nexus with the border
- No material change since nexus
- R/S to believe the vessel/person is engaged in criminal activity