Searches And Inspections

Question 1

BISS Scope and Procedure

Answer 1

Quick and limited sweep of a vessel to check for sea worthiness and any safety hazards.
Must be done on every boarding.

Limited in scope
Not searches for evidence of criminal violations
Important to ensure public safety
Serve an important public interest
Involve lesser expectations of privacy than searches for evidence of criminal activity

Question 2

Role of Master during BISS

Answer 2

The masters role is to inform the BO of any known hazards and locations of bilge spaces on board.

Question 3

EISS Scope and Procedure

Answer 3

Extended Initial Safety Sweep

A more focused sweep of a vessel when:
1. There are known and unaccounted for weapons on board
2. There are unaccounted for persons
3. There are known safety hazards

Question 4

Found Weapon

Answer 4

Remove source of ammunition
Post Sentry or secure weapon and separate source of ammunition and firearm.
Ask master about it
Determine if it is a Federally Regulated firearm: Barrel length and Automatic fire

Question 5

Search Definition

Answer 5

Intrusion or entry by an agent of the government on a quest for evidence into an area where a person has a reasonable expectation of privacy

Question 6

Common Space Definition

Answer 6

A space in which no person aboard the vessel has a reasonable expectation of privacy

Question 7

Private Space Definition

Answer 7

A space where a person has or likely had a reasonable expectation of privacy

Question 8

Plain View Doctrine

Answer 8

1. The officer must be legally present in that space where the objects are found.
2. It must be readily apparent that the items are evidence (admissible in court)

Question 9

Criminal Investigation

Answer 9

If during a vessel inspection evidence of criminal activity is discovered a criminal investigation should commence. Vessel inspection should still be completed either before or after the criminal investigation

Question 10

Reasonable Suspicion

Answer 10

The belief by a reasonable and prudent person based on articulable facts that something has happened; for example, criminal activity is afoot or a particular condition exists

Question 11

Probable Cause

Answer 11

The level of suspicion which would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been committed

Question 12

Frisk Scope and Procedure

Answer 12

Crushing and passing of the hands over the outer clothing of a person in search of weapons, when an officer suspects an individual may have a weapon that poses a threat to the boarding team or others

You must have reasonable suspicion that a person may have a weapon that could endanger the officer or others

Question 13

SIA Scope and Procedure

Answer 13

Should be conducted concurrently with the lawful arrest.
Should be repeated after the transfer of custody from one law enforcement unit to another.

Weapons
Evidence
Means of escape

The arrest must have been legal and search must be conducted as soon as possible after arrest

Question 14

Strip Search

Answer 14

Involves the intrusive removal of clothing and may be as extensive as a visual examination of the nude body

If it would be considered offensive or cause embarrassment to the individual it should be considered a strip search

Question 15

Cavity Search

Answer 15

Is a visual or physical examination into a body cavity

Mouth ears or nose are exceptions