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Flashcards in Basic BO Deck (47)
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What is Authority?

Authority is the governments legal power to act.

1

Explain 14 USC 2?

The Coast Guard shall enforce or assist in the enforcement of all applicable laws on, under and over the high seas and waters subject to the jurisdiction of the US.

2

Explain 33 CFR 6 (COTP)?

Authorizes the COTP to establish security zones, issue orders, inspect and search vessel, water front facilities or persons, safe guard ports, harbors, territories, or waters of the US.

3

What 14 USC 141?

Federal, state, and local agencies can request CG assistance when CG facilities and persons are qualified to perform a particular activity.

4

What is USC 143?

CG petty Officers, warrant officers, and commissioned officers are also customs officers.

5

What is 19 USC 1581?

Failure to stop shoreward of 12 NM from baseline.

6

What is 19 USC 1589?

Congress granted customs officers general LE authority, which include:
Carry a firearm
serve warrants, subpoena's, summons

7

What is Jurisdiction?

Is a government's power to exercise it's legal authority over its persons, vessels and territory's.

8

What are the 3 elements that comprise jurisdiction? (jurisdictional triangle)

Substantive Law
Vessel Status/Flag
Location

9

What are the Four types of vessels?

Private/Pleasure
Commercial
Government Owned
Warship

10

What is Diplomatic immunity?

Exempt from certain laws and taxes granted to diplomats by the country in which they are working for.

11

What is Sovereign immunity?

government vessels, aircraft and personnel that are beyond the reach of any other government's authority to exercise jurisdiction over them.

12

HUGFLT (SMTJ)?

High Seas
US vessels
Great Lakes
Federal Reservations
Land and Waters not within the 50 US states
Terr Seas

13

What are the three types of Self Defense?

Unit
Individual
National

14

What is Reasonable Suspicion?

The belief by a reasonable and prudent person based on articulable facts, that something has happened.

15

What is Probable Cause?

The Level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been or is being committed.

16

What is the 4th Amendment?

Protects US persons and foreign persons in the US from searches that unreasonable interfere with a person's reasonable expectation of privacy.

17

What is the Commandants Use of Force Policy?

Only that force reasonably necessary under the circumstance may be used, Excessive force may never be used.

18

What is a BISS?

Basic Initial Safety Sweep

19

What is an EISS?

Extended initial safety sweep (EISS)

20

What is a Frisk Search?

The Crushing and Passing of the hands over the outer clothing of a person in search of WEAPONS.

Reasonable Suspicion is needed.

21

What is a SIA?

A Search incident to arrest is a detailed "crush and feel" search of an arrested individual's person and thorough search of outer clothing.

22

Baseline to 12NM?

Territorial Sea's

23

Internal Waters to 12NM?

Custom Waters

24

12NM to 24NM?

Contiguous Zone

25

12NM to 200NM?

EEZ

26

200NM to Foreign Territorial Sea?

High Seas

27

What is the Plain View Doctrine?

An LE officer who is otherwise lawfully present in an area, to seize an item that is immediately apparent as evidence.

28

What is the exclusionary Rule?

Evidence collected or analyzed in violation of the defendants constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.

29

What is an SNO?

Issued by a CG flag officer, typically an Area or District commander who exercises operational control over the LE unit.

The SNO defines the limits of the unit commanders authority to act in a particular case.