Flashcards in Boarding Officer Deck (119)
What is 14 USC 102?
“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.”
What is 14 USC 522 give the CG the right?
upon the high seas and waters subject to the jurisdiction of the US.
a boarding officer must be?
an E-4 and above
what is non deadly force?
any force other than deadly force
1. individual self defense
2. compel compliance with an order the CG has authority to enforce
3. To prevent a crime, or a serious state or foreign crime
4. to prevent theft, intentional damage or destruction of property CG has authority to protect.
what is deadly force?
any force that is likely to cause death or serious physical injury.
What is the deadly force triangle?
parts: max effective range, and unrestricted access.
What is jurisdiction?
Govt's power to exercise authority over its person, territory, vessel
Within the context of Maritime Law Enforcement jurisdiction is compromised in three categories?
1. Substantive law- which is the law you are enforcing ex:
a. Drug enforcement
b. immigration laws
Vessel Status/ Flag
b. military aircraft
ex: allowable location extent
a. Baseline= internal waters
b. Territorial sea=12nm
c. 12-24 nm contiguous zone
e. High seas 200
What laws are enforced in International waters? (Contiguous zone)
4. Custom laws
What is force majeure?
a vessel forced into coastal waters by virtue of distress, whether by natural or man-made causes. However coastal state may verify a claim of force majeur by boarding the vessel.
What is transit passage?
is the right of non-interference for a vessel or aircraft transiting through a foreign territorial sea that comprises an international straight used for navigation between international waters.
what is peace of the port?
US may choose to restrain from using its jurisdiction over foreign flag vessels in its territorial sea and internal waters, leaving it up to the flag state.
What is Innocent passage?
right of non-interference for a vessel transiting inbound, outbound, or through a foreign territorial sea. Aircrafts have no rt of innocent passage.rr
What is hot pursuit?
allows a coastal state to preserve its jurisdiction to take LE actions against foreign flag vessel that flees beyond normal jurisdiction, Hot pursuit can only be authorized by warships, military aircraft or OGA's.
what is constructive presence?
a coastal state to exercise jurisdiction over a vessel that is constructively present within its coastal zone of jurisdiction. No
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 to verify its nationality through questioning.
What is the right of visit?
a warship which encounters on the high seas a foreign ship... Not justified in boarding it unless
a. ship engaged in piracy.
b. ship engaged in slave trade.
c. unauthorized broadcasting.
d. ship is w/o nationality or refusing to show it's flag.
What is Hot pursuit?
it allows a coastal state to enter another jurisdiction to pursue the violater
what is universal crimes?
vessels engaged in piracy, slave transport or unauthorized broadcasting need an SNO from Commandant prior to any LE action. The
What is a consensual boarding?
under customary international law, master shall give complete authority over all activities onboard that vessel, anytime the master can stop proceedings.
What is rendering assistance to persons/property?
CG may go aboard a foreign flag vessel of unknown nationality in international waters to render assistance to distress.
quick and limited protective sweep of a vessel for boarding protection, looking for arcing, sparking, flooding, fire, and excessive fuel or oil
may be conducted when reasonable suspicion exists that there is a particular hazard.
More focused sweep looking for:
Known safety hazards
Unaccounted for personal
Weapons on board
What is reasonable suspicion?
reasonable suspicion that a weapon, evidence of means of escape is on the person.
What is probable cause?
is the level of suspicions needed to initiate a lawful search. PC exists when known facts lead to believe that a crime has been committed along with evidence. Facts not opinions.
What is a SNO statement of no objection
FLag officer giving authority to take certain actions.
What is a presidential directive 27?
federal agencies dealing with non military incidents that could impact foreign relations of the US.
What is the Fourth amendment?
protects US and foreign persons in US territory from unlawful searches that interfere with privacy.
Boarding serves the fourth amendment as long as your not looking for evidence of criminal action or criminal activity.
govt agent on a quest for evidence in an area where a person has a reasonable expectation of privacy.