Boarding Officer Flashcards
(148 cards)
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?
SEARCH EXAMINE ARREST SEIZURE INQUIRES INSPECTIONS upon the high seas and waters subject to the jurisdiction of the US.
14 usc 703 allows the BO?
an E-4 and above
carry a firearm
make and arrest, subena, issua arrest for warrant and arrest anyone who commits a felony or breaks the law
what is non deadly force?
any force other than deadly force
ex:
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?
Weapon
Opportunity
Action
parts: max effective range, and unrestricted access.
What is jurisdiction?
Govt’s power to exercise authority over its:
person
territory baseline, internal waters, us sea border 3 miles, territorial sea 12 miles, customs baseline to 12, contiguous zone 12-24, EEZ -200
vessel
All three must exist before the CG can take LE actions on a person or vessel.
Within the context of Maritime Law Enforcement jurisdiction is compromised in three categories?
- Substantive law- which is the law you are enforcing ex:
a. Drug enforcement
b. immigration laws
c. fisheries
Vessel Status/ Flag
ex:
a. warships
b. military aircraft
Location
ex: allowable location extent
a. Baseline= internal waters
b. Territorial sea=12nm
c. 12-24 nm contiguous zone
d. EEZ=12-200nm
e. High seas 200
What laws are enforced in International waters? (Contiguous zone)
- Fiscal
- Immigration
- Sanitary
- 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.
ISS
quick and limited protective sweep of a vessel for boarding protection, looking for arcing, sparking, flooding, fire, and excessive fuel or oil
Extended ISI
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 is a step before probable cause, crime may have been committed!