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OIC - Law Enforcement Flashcards

(103 cards)

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1
Q

In relation to Law Enforcement, what does 14 U.S.C. 2 state?

A

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.

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2
Q

What are the five fundamental sources of Coast Guard enforcement authority?

A

Maritime Law Enforcement (MLE);

Customs;

Protection and Security of Vessels, Harbors, and Waterfront Facilities, including Law Enforcement (LE) Ashore;

Assistance; and

Coast Guard Investigative Service (CGIS) Special Agents.

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3
Q

What does 14 U.S.C. 89a state?

A

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.

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4
Q

What gives Coast Guard petty officers, warrant officers, and commissioned officers customs authority.

A

14 U.S.C. 143 and 19 U.S.C. 1401

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5
Q

What is MARSEC 1?

A

MARSEC 1 is the Coast Guard’s baseline security posture.

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6
Q

What is MARSEC 2?

A

MARSEC 2 is an increased security posture, normally set when there is a perception of heightened general risk.

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7
Q

What is MARSEC 3?

A

MARSEC 3 is the Coast Guard’s most focused security posture, normally set when attack is deemed imminent or has already occurred.

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8
Q

What does the Magnuson Act give the Coast Guard?

A

National Security Authority

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9
Q

What is a Key Port Area?

A

Key Port Areas are zones within ports or along navigable waterways where heavily populated areas, DoD assets, choke points, or Maritime Critical Infrastructure/Key Resources (MCI/KR) would be vulnerable to attacks.

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10
Q

What is Maritime Critical Infrastructure/Key Resources (MCI/KR)?

A

MCI/KR are facilities, structures, systems, assets or services so vital to the port and its economy that their disruption, incapacity, or destruction would have a debilitating impact on defense, security, the environment, long-term economic prosperity, public health, or safety of the port.

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11
Q

What is the definition of jurisdiction?

A

Jurisdiction is a government’s power to exercise legal authority over its persons, vessels, and territory.

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12
Q

What are the three elements of jurisdiction?

A

Substantive law;

Vessel status/flag; and

Location.

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13
Q

What is the definition of substantive law?

A

A substantive law is one that prohibits certain action or requires affirmative conduct.

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14
Q

Who has jurisdiction over vessels without nationality, or those assimilated as such?

A

In general, vessels (or aircraft) without nationality, and those assimilated as such, are subject to the jurisdiction of any nation.

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15
Q

What is Force Majeure?

A

The principle of force majeure means that a vessel forced into coastal State waters by virtue of distress, whether brought about by natural or man-made causes, is generally not subject to coastal State jurisdiction during a reasonable period of time necessary to remedy such distress.

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16
Q

What is Transit Passage?

A

Transit passage 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.

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17
Q

What is Peace of the Port?

A

Under the “peace of the port” doctrine, the U.S. may choose to refrain from asserting its jurisdiction over foreign flag vessels in its territorial sea and internal waters, leaving control of the matter to the flag State.

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18
Q

What is Innocent Passage?

A

Innocent passage is the right of non-interference for a vessel transiting inbound, outbound, or through a foreign territorial sea.

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19
Q

What is Assistance Entry?

A

Assistance entry is the right of non-interference for a vessel (or aircraft in certain circumstances) to enter a foreign territorial sea to conduct a bona fide rescue of those in danger or distress at sea.

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20
Q

What is the Exclusive Economic Zone?

A

International law allows for the establishment of an EEZ, adjacent to the territorial sea and extending 200 nautical miles (NM) from the baseline, in which a coastal State may exercise the control necessary to protect natural resources.

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21
Q

What is the Contiguous Zone?

A

International law allows for the establishment of a contiguous zone, adjacent to the territorial sea and extending 24 NM from the baseline, in which a coastal State may exercise the control necessary to prevent and punish infringements of its fiscal, immigration, sanitary, and customs laws.

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22
Q

What are FISC laws?

A

U.S. Fiscal, Immigration, Sanitary, and Customs

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23
Q

What are some examples of universal crimes?

A

Piracy

Transport of Slaves

Unauthorized Broadcasting

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24
Q

What is Right of Approach?

A

Under international law, a warship, military aircraft, or other duly authorized vessel may approach in international waters any vessel, other than a warship or government vessel on non-commercial service, to verify its nationality.

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25
What is a Consensual Boarding?
A “consensual boarding” means the master or person in charge of a foreign flagged vessel, Boarding other than a warship, on the high seas or other waters not within coastal State jurisdiction consents to the boarding of his/her vessel, regardless of whether the team otherwise has jurisdiction to board.
26
What needs to happen if you are taking media or observers along on a boarding?
District Commander has approved the request to accompany the boarding team; The media or other observers have obtained the owner/operator’s permission to be present before boarding the vessel; and No media or other observer shall embark the boarded vessel until the boarding team has completed the BISS and the Boarding Officer has authorized embarkation.
27
Is the standard boarding team authorized to conduct a security boarding on 300 gross tons or greater, or are additional people required?
For Security Boarding's greater than 300 gross tons, teams shall be comprised of a minimum of 6 qualified armed LE personnel, at least one of whom shall be a certified Coast Guard Boarding Officer.
28
Who does the Coast Guard conduct LE intelligence database checks through?
DHS National Targeting Center (NTC)
29
What is a Basic Initial Safety Sweep (BISS)?
A quick and limited protective inspection of a vessel for boarding team safety.
30
What is a Extended Initial Safety Sweep (EISS)?
Part of the protective sweep (BISS) of a vessel for the safety of the boarding team, but is more focused.
31
What is the Fourth Amendment?
The Fourth Amendment protects U.S. persons and foreign persons in U.S. territory from searches that unreasonably interfere with a person’s reasonable expectation of privacy, and thus applies to inspections conducted to ensure compliance with governmental regulations.
32
Are post SAR boarding's required?
If practicable, units shall conduct a boarding of all U.S. vessels receiving SAR assistance, either at-sea or after the vessel is moored.
33
Can you board a Coast Guard Auxiliary vessel?
Auxiliary vessels are subject to LE boarding's. However, when under Coast Guard orders, such as for SAR or regatta patrols, Auxiliary vessels should normally not be boarded.
34
What is the definition of detention?
Detention of a person is the temporary limitation of that person’s freedom of movement.
35
What is the definition of authority?
Authority is the government’s legal power to act.
36
What does 14 U.S.C. 141 say?
14 U.S.C. 141 allows federal, state, and local agencies to request Coast Guard LE assistance when Coast Guard facilities and persons are especially qualified to perform a particular activity.
37
What are considered internal waters?
Internal waters for the U.S. are those shoreward of the baseline, including all waters on the U.S. side of the international boundary of the Great Lakes.
38
What are exclusive state waters?
Internal waters wholly within a single state.
39
What areas fall under the SMTJ?
High seas U.S. vessels in foreign waters Great lakes Federal reservations Lands/Waters not within nor between the 50 states Territorial Seas
40
What is considered territorial sea?
The waters 12 nautical miles wide adjacent to the coast of the United States and seaward of the baseline.
41
What are considered customs waters?
Customs waters for the U.S. are generally those waters shoreward of a line drawn 12 NM from the baseline (including territorial sea and internal waters with ready access to the sea).
42
What is the contiguous zone?
The Contiguous zone is adjacent to the territorial sea and extending 24 NM from the baseline, in which a coastal state may exercise the control necessary to prevent and punish infringements of its fiscal, immigration, sanitary, and customs laws.
43
What is considered international waters?
International waters are the waters seaward of the outer limit of the territorial sea of any nation, but encompassing the high seas EEZ and the contiguous zone.
44
What is the commandant's use of force policy?
Only that force reasonably necessary under the circumstances may be used. Force shall not be used where assigned duties can be discharged without it. Excessive force may never be used; however, nothing in the application of the Coast Guard Use of Force Policy shall be construed as to require personnel to meet force with equal or lesser force.
45
What are the three types of self defense?
Individual Unit National
46
What is individual self defense?
The act of defending oneself or other persons from imminent danger.
47
What is unit self defense?
The act of defending a particular unit of U.S. military forces or law enforcement agency assets from imminent danger.
48
What is national self defense?
Defense of the United States, U.S. Forces, and, in certain circumstances, U.S. persons and their property, and/or U.S. commercial assets from a hostile act or demonstration of hostile intent.
49
What are the six levels in the use of force continuum?
Level 1, Officer Presence Level 2, Verbal Commands Level 3, Control Techniques Level 4, Aggressive Response Techniques Level 5, Intermediate Weapons Level 6, Deadly Force
50
What is the definition of level 1 in the use of force continuum?
Officer Presence: Appearance, demeanor, verbal and non-verbal communications that create an atmosphere of compliance.
51
What is the definition of level 2 in the use of force continuum?
Verbal Commands: Verbal commands in the form of task direction with consequences aimed at the subject.
52
What is the definition of level 3 in the use of force continuum?
Control Techniques: Techniques or actions with a low probability of causing connective tissue damage, lacerations of the skin, or broken bones.
53
What is the definition of level 4 in the use of force continuum?
Aggressive Response Techniques: Techniques or actions likely to result in connective tissue damage, lacerations of the skin, or broken bones, or that will produce irritation of the skin, eyes, and/or mucous membranes.
54
What is the definition of level 5 in the use of force continuum?
Intermediate Weapons: Techniques or actions with a high probability of causing connective tissue damage, lacerations of the skin, or broken bones.
55
What is the definition of level 6 in the use of force continuum?
Deadly Force: Any force that is likely to cause death or serious physical injury, including the proper use of standard service weapons.
56
What are the four types of subjects?
Passive Compliant Passive Resistor Active Resistor Active Aggressor
57
What is LEAPS?
Listen Empathize Ask Questions Paraphrase Summarize
58
What are the two times a personal defense weapon may be drawn from the holster or a long gun loaded with lethal munitions may be shouldered in preparation to fire.
Deadly force is authorized. OR There is a reasonable possibility that the use of deadly force may be required.
59
What are the five pressure points used with level 3 techniques?
Infra-orbital nerve Hypoglossal nerve Mandibular nerve C-clamp Jugular notch
60
What is a custodial situation?
Whether a reasonable innocent person in the suspect’s position would feel a restraint on his/her freedom of movement to such an extent that it approaches a formal arrest.
61
When is it appropriate to conduct a BISS?
A BISS shall be conducted as part of every boarding.
62
What is a BISS?
A BISS is a quick and limited protective sweep of a vessel for boarding team safety.
63
What particular hazards are addressed by the EISS?
Known weapons Unaccounted for person(s) Safety hazards
64
Once an EISS has started, when should it stop?
Once the unaccounted for person, weapon, or safety hazard has been located, or the basis for the suspicion is otherwise addressed.
65
What is a confined space?
Spaces not designed for continuous human occupancy • Limited or restricted means of entry and exit • Limited means of ventilation
66
What is the purpose of the Magnuson-Stevens Fishery Conservation and Management Act?
The MSFCMA establishes a national program for the conservation and management of the fishery resources of the U.S. to prevent overfishing, to rebuild over-fished stocks, and to facilitate long-term protection of essential fish habitats.
67
What are some things the Magnuson-Stevens Fishery Conservation and Management Act regulates?
Administrative provisions Catch limitations Closed areas Gear restrictions Other requirements for particular species.
68
Can foreign flagged commercial fishing vessels fish in the EEZ?
Under the MSFCMA, foreign flag commercial fishing vessels are prohibited from fishing in the U.S. waters unless they are in possession of a valid fishing permit issued by NOAA, are engaged in Department of State approved scientific research, or are operating subject to the provisions of a bilateral/multilateral agreement.
69
Does the Magnuson-Stevens Fishery Conservation and Management Act apply to vessels operating beyond the U.S. EEZ?
Seaward of the U.S. EEZ, the MSFCMA applies to vessels under the authority and jurisdiction of the United States on the high seas.
70
Can foreign recreational vessels fish in the U.S. EEZ?
Foreign vessels not operating for profit may conduct recreational fishing within the U.S. EEZ or state waters.
71
What is NMFS?
National Marine Fisheries Service
72
The MLEM mentions NOAA OLE, what is that?
National Oceanic and Atmospheric Administration Officer for Law Enforcement
73
If seizing fish, who is the preferred agency to take the lead on the process?
It is preferred that NOAA OLE agents complete seizure and sale or donation of a catch.
74
What is the purpose of the Lacy Act?
The Lacey Act prohibits unlawful transportation of certain fish or wildlife.
75
What is the ESA?
Endangered Species Act
76
If you approach a North Atlantic Right Whale, how far must you keep away from it?
Regulations contained in 50 CFR 224.103 make it unlawful to approach within 500 yards of a North Atlantic right whale by a vessel, aircraft or other means, or to fail to take required avoidance measures.
77
If operation in a seasonal management area of protected North Atlantic Right Whale's, what is your speed restriction?
In addition, regulations contained in 50 CFR 224.105 specify speed restrictions of no more than 10 knots on most ships under U.S. jurisdiction, 65 feet and over, while within seasonal management areas (SMA) to protect the North Atlantic right whale.
78
What is the MMPA?
Marine Mammal Protection Act
79
What is the purpose of the MMPA?
The Marine Mammal Protection Act (MMPA) established a program to ensure “optimum sustainable populations” of marine mammals.
80
Where does the MMPA apply?
The MMPA applies to any person or vessel shoreward of 3 NM from the baseline and to U.S. persons and vessels wherever located, except in the territorial sea of a foreign nation.
81
If you approach a large whale, how far must you keep away from it?
Generally, if a whale surfaces within 100 yards of the vessel, the unit shall take action as prudent and appropriate to ensure the safety of both the crew and the whale and to minimize damage to the vessel.
82
If you see a whale while underway and are unsure what kind of whale it is, what should you do?
For vessels operating in the Atlantic AOR, all observed whales should be treated as a North Atlantic right whale unless or until the whale is positively identified as another whale species.
83
What is the commandant's use of force policy?
Only that force reasonably necessary under the circumstances may be used. Force shall never be used where duties can be discharged without them. Excessive force shall never be used.
84
What is the timeline to submit a use of force report?
72 hours
85
When is a use of force report required?
Whenever any technique or action higher than level 2 of the use of force continuum is used (normal application of handcuffs does not apply); Whenever any tactic higher than step 2 is used against a non-compliant vessel; Whenever any incident involving the use or potential use of force is deemed noteworthy by the OIC.
86
What is the reference you would use to create a use of force report?
MLEM, appendix E.
87
You suspect a vessel at a local marina in conducting some illegal operations at night. Can you have a couple of you crew stake it out? If so, how? If no, then what do you do?
Station personnel can only officially observe while in official capacity, ie uniform, boat, or gv. Initiate a FIR and request assistance through CGIS and local law enforcement.
88
You need to purchase body armor - what level are you required to buy?
Level IIIa
89
What are the three elements that comprise jurisdiction?
Substantive law; Vessel status/flag; and Location.
90
What is the definition of national self defense?
Defense of the United States, U.S. Forces, and, in certain circumstances, U.S. persons and their property, and/or U.S. commercial assets from a hostile act or demonstration of hostile intent.
91
When does SROE apply?
Coast Guard unit is operating under a DoD TACON, outside of U.S. Territorial Seas (seaward of the outer boundary on the 12 NM territorial sea), and not conducting law enforcement missions; Air and Marine homeland defense missions conducted by Coast Guard units under DoD TACON, regardless of location, unless otherwise directed by the secretary of defense; When engaged in national self-defense, as authorized by an authority designated in the SROE.
92
What is the difference between a security zone and a naval vessel protection zone?
Security Zone - Established by the COTP, District, or Area Commander, can be fixed or moving, and have variable restrictions and size. NVPZ - Fixed in size, established by law, in force at all times around all naval vessels 100' in length or greater. 500 yards area, must be at minimum speed, nothing within 500 yards.
93
What is LEOSA?
Law Enforcement Officer Safety Act
94
What are the seated field sobriety tests?
Horizontal and Vertical Gaze Nystagmus Finger to Nose Palm Pat Hand Coordination.
95
What are the ashore field sobriety tests?
Walk and Turn One-Leg Stand
96
How many clues on an HGN test will likely result in a .08% BAC?
If four or more clues are seen, HGN has been proven 80% effective in identifying a person who is above .08% Blood Alcohol Concentration.
97
What three things are you checking when giving an HGN test?
The lack of smooth pursuit Distinct and Sustained Nystagmus at maximum deviation Onset of Nystagmus prior to 45 degrees.
98
How many clues on a finger to nose test will likely result in a .08% BAC?
Nine or more clues suggest that the individual being tested is impaired with a BAC of .08%% or higher.
99
How many clues on a palm pat test will likely result in a .08% BAC?
Two or more clues suggest that the individual being tested is impaired with a BAC of .08%% or higher.
100
How many clues on a hand coordination test will likely result in a .08% BAC?
Three or more clues suggest that the individual being tested is impaired with a BAC of .08%% or higher.
101
How long must you wait before conducting ashore FST's?
For ashore tests, wait until the subject has been off the vessel for 15 minutes before administering the tests.
102
How many clues on a walk and turn test will likely result in a .08% BAC?
Two or more clues indicate a 79% chance that the BAC is above .08%.
103
How many clues on a one leg stand test will likely result in a .08% BAC?
Two or more impairment clues indicate an 83% chance that the BAC is above .08%.

USCG (23 decks)

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