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MLEM Flashcards

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0
Q

Where does the CG gets its authority to conduct its missions?

A

14 USC 2

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1
Q

What is 14 USC 89A?

A

Gives us the ability to conduct SEAS II. (Search, examine, arrests, seize, inspect, inquire)

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2
Q

What gives the CG Customs Authority?

A

14 USC 143

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3
Q

What gives the CG assistance authority?

A

14 USC 141

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4
Q

What is authority?

A

Its the governments legal power to act.

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5
Q

What personnel in the CG have authority under 14 USC 89A?

A

All commissioned officers, warrant officers, petty officers and reservist on active duty orders.

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6
Q

What are the sides to the jurisdiction triangle?

A

Substantive law, vessel status/flag, and location

The Coast Guard must have jurisdiction with the respect to all three elements before taking LE action.

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7
Q

What are exclusive state waters?

A

Waters that are confined to one state.

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8
Q

What distance does the US recognize for territorial sea claims of foreign nations?

A

12 NM

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9
Q

What does FISC stand for?

A

Fiscal, Immigration, Sanitation and Customs laws

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10
Q

Where are FISC laws enforced?

A

From the Contiguous zone shoreward.

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11
Q

What is the jurisdictional area for internal waters?

A

It is baseline inward.

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12
Q

What is the jurisdictional area for the territorial sea of the US?

A

It is from the baseline out to 12 NM.

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13
Q

What is the jurisdictional area for customs waters?

A

Internal waters out to 12 NM.

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14
Q

What is the jurisdictional area of the contiguous zone?

A

12 NM to 24 NM

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15
Q

What is the jurisdictional area of the exclusive economic zone?

A

12 NM to 200 NM

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16
Q

What gives the Coast Guard its basic statutory basis for the Law Enforcement mission?

A

14 USC 2

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17
Q

What are the 5 fundamental sources of CG authority, to include:

A
  • maritime law enforcement
  • customs
  • protection and security of vessels, harbors and waterfront facilities, including LE ashore
  • assistance
  • CGIS Special Agents
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18
Q

The Maritime Transportation Security Act give the CG the authority for what?

A

Its the primary authority for Maritime Security (MARSEC) levels

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19
Q

What are the 3 tiers of the MARSEC System?

A
  • MARSEC 1: baseline security posture
  • MARSEC 2: increased security posture, normally set when there is a perception of heightened general risk
  • MARSEC 3: most focused security posture, normally set when attack is deemed imminent or has already occured
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20
Q

What is the primary authority for the issuing of COTP orders regarding vessel and facility security?

A

The Magnuson Act

50 USC 191

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21
Q

Enforcement authority granted to COTP’s fall under what?

A

33 CFR part 6

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22
Q

What is the principle authority for armed and uniformed CG LE activity ashore?

A

14 USC 99

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23
Q

The Maritime Transportation Act was established giving the CG the authority to do what?

A

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.

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24
What grants LE authority to CGIS Special Agents?
14 USC 95
25
Where do you find guidance on CGIS Special Agents?
Coast Guard Investigations Manual
26
What is jurisdiction?
It is a governments power to exercise legal authority over its persons, vessels and territory.
27
What is a substantive law?
Is one that prohibits certain action or requires affirmative conduct. - drug enforcement - immigration laws - fisheries enforcement - environmental/pollution laws - PWCS - vessel safety - general criminal laws
28
What is the only action that can be taken with respect to a sovereign immune vessel engaged in activity that would otherwise be an enforceable violation of U.S. law or international law?
It would be to require the such vessel to leave the coastal state internal waters or territorial sea. The vessel and the persons aboard may not be boarded, searched, seized or arrested under any circumstances.
29
What vessels are subject to the jurisdiction of any nation?
A vessel without nationality and those assimilated as such.
30
What is a vessel that sails under the flag of two or more states is considered what?
A vessel without nationality Whether a vessel is to be treated as one without nationality is an issue that is resolved through the SNO/PD-27 process, not by a unit involved in an LE case.
31
What are the vessels that are subject to U.S. jurisdiction when located in U.S. internal waters?
- U.S. vessels - vessels without nationality and those assimilated as such - foreign flag vessels except when a jurisdictional exception applies
32
What are the vessel jurisdictional exceptions for internal waters?
- force majeure | - peace of port doctrine
33
What are the jurisdictional exceptions for the US territorial sea?
- force majeure - transit passage - peace of the port doctrine - innocent passage - assistance entry
34
What vessels are subject to the US jurisdiction when in international waters?
- US vessels - vessels without nationality and those assimilated as such - foreign flag vessels when one of the following apply: - enforcement of natural resources laws in EEZ - exercise control necessary to prevent violation of FICA laws and regulations in US Contiguous Zone - flag state authorization - hot pursuit - constructive presence - enforcement activity to combat certain universal crimes
35
To exercise jurisdiction in or over foreign waters and foreign territory requires what?
Authorization of the coastal state
36
What is force majeure?
Is when a vessel is forced into coastal state waters by virtue of distress, whether its brought about by natural or man made causes, however the vessel would remain subject to the direction of the COTP to protect port safety
37
What is transit passage?
It is the right of non interference for a vessel or aircraft transiting through a foreign territorial sea that comprises an international strait used for navigation between areas of international waters
38
What is innocent passage?
Is the right of non interference for a vessel transiting inbound, outbound or through a foreign territorial sea, who's must be engaged in passage that is innocent
39
What is the boarding team size requirement for a vessel less than 300 gross tons?
2 qualified personnel, a BO and a BTM
40
What is the boarding team size requirement for a vessel larger than 300 gross tons?
6 qualified personnel, at least 1 BO is required and the rest can be BTM's
41
BO and BTM's shall be certified IAW what?
Chapter 5 of the MLEM
42
What armory logs are required for a shore station?
- magazine log - small arms log - privately owned weapons log These may be combined into the Ordnance Log
43
What armory logs are required on a 87' CPB?
- magazine log - small arms log - privately owned weapons log - battery log if vessel is equipped with a 25 mm
44
What is the 4th Amendment?
It protects U.S. persons and foreign persons in U.S. territory from searches that unreasonably interfere with a persons reasonable expectation of privacy
45
When shall MISLE shall be completed after a boarding?
Shall completed within 12 hours of the boarding
46
Who has to authorize the use of a commercial vessel for a boarding platform?
Authorized by the district commander
47
What three things have to be present for a space to be considered a confined space?
- limited means of entry or exit - large enough for a person to enter and perform work - not designed for continuous human occupancy
48
What shall be done prior to entry into a space classified as a confined space?
All spaces classified as a confined space shall be visually inspected and tested by a competent person prior to entry
49
What shall be done prior to the initiation of an administrative investigation for a death?
Refer to CGIS prior
50
What is a ISS?
An Initial Safety Sweep, it is used to identify any safety hazards that might exists
51
What are the two levels of ISS?
- basic | - extended
52
What is an extended ISS used for?
When your looking for unaccounted personnel or known weapons
53
What is a SAI?
Search Incident to Arrest, its a detailed crush and feel, thorough search of outer clothing
54
Who shall the BO consult when they encounter criminal violations?
TACON
55
What is a frisk search?
Its the crushing and passing of hands over the outer clothing of a person in search of weapons, may be extended to the grab area
56
What gives us SEAS II authority?
14USC89
57
What are the three elements of jurisdiction?
- substantive law - vsl flag/status - location
58
What is authority?
Its the governments legal power to act
59
What is jurisdiction?
Its the governments power to exercise legal authority over its persons, vessels and territory
60
What are the three levels of the MARSEC system?
- level 1 basic line posture - level 2 increased security posture - level 3 most focused security posture
61
When it comes to violations of security zones or restricted waterfront areas, what should be done?
A FIR should be submitted within 4 hours of the violation
62
What should be done is a security boarding yields significant results?
Then a FIR should be submitted within 4 hours
63
How long do you have to enter a security boarding into MISLE?
Shall be entered within 12 hours of the completion of the boarding
64
What gives primary authority for maritime security levels?
MTSA - Maritime Transportation Security Act
65
When it comes to searches, what is an exception to the 4th amendment warrant and probable cause requirements?
Boarder searches are the exception and may require a SNO
66
Detention of a foreign flagged vessel outside of waters subject to the jurisdiction of the US requires what?
Appropriate flag or coastal state authorization
67
Boarder searches may be conducted at what distance when you are in the atlantic/pacific ocean?
3nm from low mean watermark
68
Boarder searches can be conducted at what distance when you are operating off of texas or florida in the gulf of mexico? What do the other gulf states recognize?
9nm sea boarder 3nm sea boarder
69
PWCS is carried out under what policy?
The CGUOF policy
70
What is OGA?
Other Government Agencies
71
What is the primary means by which the CG exercises its LE Ashore?
BOCA
72
Where do you find the training requirements for BOCA?
Ch 5 of the MLEM
73
Who is authorized to secure airspace above a security zone?
FAA
74
What is deadly force?
Deadly force is any force that is likely to cause death or serious physical injury
75
What are the three types of self defense?
- self/individual - unit - national
76
What is a NCV?
It is a vessel subject to examination or LE action that refuses to heave to after legally ordered to do so
77
What is the CGUOF policy?
Only that force reasonably necessary under the circumstances may be used.
78
What are the levels of force?
- Officer presence - Verbal commands - control techniques - aggressive response techniques - intermediate weapon - deadly force
79
What level of force is OC?
Level IV
80
What level of force is the expandable baton and authorized less that lethal?
Level V
81
What is the steps for the suitability assessment?
- availability - risk - expected effectiveness
82
What are the steps of force for a NCV?
Step I - command presence Step II - warn Step III - disrupt Step IV - disable
83
What falls under step II?
- LA 51 warning munitions | - ballistic warning shots
84
What falls under step III?
- blocking the wind - shouldering - sever fuel lines - nets - entanglers
85
What two steps may be subject to SNO?
Step II and step IV
86
When shall LE SITREPS be released?
They shall be created into MISLE and shall be released within 24 hours
87
What is probable cause?
Its the lvl of suspicion that a reasonable and prudent person, given the overall circumstances, to believe a crime has been committed
88
What is reasonable suspicion?
By a reasonable and prudent person based on articulable facts, that something has happened, comparatively low standard short of probable cause threshold but rising above the lvl of mere suspicion
89
What is a FIR?
Field Intelligence Report
90
When shall you have a UOF Report entered into MISLE?
It shall be generated within 72 hours in MISLE
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