boarding officer

authority
the governments legal power to act
What are the 5 fundamental sources of the Coast Guard’s authority
1. Maritime Law Enforcement (MLE);
2. Customs;
3. Protection and Security of Vessels, Harbors, and Waterfront Facilities, including Law
Enforcement (LE) Ashore;
4. Assistance; and
5. Coast Guard Investigative Service (CGIS) Special Agents.
Define 14 USC
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.
Define and Explain 14 USC 89
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….
Explain 14 USC 143 Customs Authority
a. Carry a firearm;
b. Execute and serve any order, warrant, subpoena, summons, or other process issued under
the authority of the United States;
c. Make an arrest without a warrant for any offense against the United States committed in the
officer’s presence or for a felony, cognizable under the laws of the United States, and
committed outside the officer’s presence if the officer has reasonable grounds to believe that
the person to be arrested has committed or is committing a felony; and
d. Perform any other LE duty that the Secretary of the Department of Homeland Security
(DHS) may designate.
Define Jurisdiction
The government’s right to exercise legal authority over its persons, vessels, and territory.
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Explain the Jurisdictional triangle
1. Substantive law;
2. Vessel status/flag; and
3. Location.
Define and Explain Substantive Law
A substantive law is one that prohibits certain action or requires affirmative conduct.
Explain the 4 types of nationality
United States
Foreign
Without Nationality
Assimilated Without Nationality
Force Majeure
Under international law, the right of protection of a vessel forced into coastal State waters by virtue of distress that normally exempts it from coastal State jurisdiction for a reasonable period of time necessary to remedy such distress.
Hot Pursuit
The pursuit of a foreign vessel on the high seas following a violation of law of the pursuing state committed by the vessel within a maritime area over which the state exercises jurisdiction, provided that the vessel evades boarding within the jurisdiction, and that the pursuit is continuous and uninterrupted. The right of hot pursuit must be exercised by a warship, military aircraft, or other authorized vessel or aircraft in government service of a coastal State. The right of hot pursuit ceases as soon as the pursued vessel enters the territorial seas of another coastal State.
Innocent Passage
Innocent passage is the right of non-interference for a vessel transiting inbound, outbound, or through a foreign territorial sea. Aircraft have no right of innocent passage. For a vessel to enjoy this right, it must be engaged in “passage” that is “innocent.” “Passage” means a continuous and rapid traversing of the territorial sea, but may include anchoring in the course of ordinary navigation. Passage is “innocent” so long as it is not prejudicial to the peace, good order, or security of the coastal State.
Non-Innocent Passage
Passage shall be considered non-innocent if it involves any of the following activities:
a. Any threat or use of force against the sovereignty, territorial integrity, or political
independence of the coastal State, or in any other manner in violation of the principles of
international law embodied in the Charter of the U.N.;
b. Any exercise or practice with weapons of any kind;
c. Any act aimed at collecting information to the prejudice of the defense or security of the
coastal State;
d. Any act of propaganda aimed at affecting the defense or security of the coastal State;
e. The launching, landing, or taking onboard of any aircraft;
f. The launching, landing, or taking onboard of any military device;
g. The loading or unloading of any commodity, currency, or person contrary to the fiscal,
immigration, sanitary, or customs laws and regulations of the coastal State;
h. Any act of willful and serious pollution contrary to the 1982 Law of the Sea (LOS)
Convention;
i. Any fishing activities;
j. The carrying out of research or survey activities;
k. Any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; and
l. Any other activity not having a direct bearing on passage.
Transit Passage
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. In such straits, vessels may generally operate without restriction (e.g., submarines may proceed submerged, vessels having aircraft may launch and recover such aircraft), provided their transit is continuous and expeditions. The passage may include anchoring in the course of ordinary navigation. The U.S. may not exercise jurisdiction over foreign flag vessels engaged in transit passage, but may impose limited restrictions related to navigation safety; the prevention, reduction, and control of pollution; fishing; and the unloading or loading of any commodity, currency, or person in contravention of any fiscal, immigration, sanitary, or customs laws and regulations
Constructive Presence
Customary international law allows a coastal State to exercise jurisdiction over a vessel that is constructively present within its coastal zone of jurisdiction. Specifically, a coastal State may exercise jurisdiction over a foreign flag vessel (“mothership”) that remains seaward of the zone of jurisdiction, but acts in concert with another vessel (“contact vessel”) or aircraft that violates coastal State laws inside the zone of jurisdiction. In order to exercise jurisdiction over a mothership located seaward of coastal State waters, the contact vessel must be physically present in coastal State waters or be subject to coastal State jurisdiction under the doctrine of hot pursuit.
Cases potentially involving the doctrine of constructive presence can be complex and require a
Commandant (CG-DCO) SNO (with PD-27) prior to any LE action.
Assistance Entry
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.
The location of the distress must be reasonably well known. Foreign flag vessels engaged in assistance entry into the U.S. territorial sea are not normally subject to U.S. jurisdiction.
Additional policy on assistance entry is contained in the U.S. Coast Guard Addendum to the
United States National Search and Rescue Supplement (NSS) to the International Aeronautical and Maritime Search and Rescue Manual (IAMSAR), COMDTINST M16130.2 (series).
Peace of the Port
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. Jurisdiction will generally not be asserted over incidents that involve only internal discipline and management of the vessel. Jurisdiction will generally be asserted over those incidents which have consequences beyond the vessel and affect the “peace and tranquility” of the U.S.
Explain the Policy for pursuit ashore
1. The Boarding Officer has probable cause to believe that a person is committing or has
committed a federal felony rendering that person subject to arrest;
2. The person flees ashore from Coast Guard pursuit;
3. Shoreside LE personnel are not present, or have insufficient capacity to pursue and
specifically request Coast Guard assistance;
4. The Boarding Officer is accompanied by another Boarding Officer or boarding team
member; and
5. The pursuit ashore of the person fleeing can be started immediately, maintained continuously, and completed promptly.
In such situations, if the level of risk is acceptable, Boarding Officers should take all of the
following actions:
a. Pursue the suspect ashore on foot;
b. Immediately notify Operational Control (OPCON) and shoreside LE for assistance; and
c. If able, detain the person fleeing ashore for shoreside LE authorities, or arrest if appropriate.
Define the Commandants Use of Force Policy
only that force reasonably necessary under the circumstances may be used. excessive force is never authorized.
Passive compliant
a subject who follows the officer’s requests or verbal directions
Passive resistor
a subject who does not follow the officer’s requests or verbal; directions, but offers no physical resistance to the officer’s attempts to gain control.
Active resistor
a subject who does not follow the officer’s requests or verbal directions, offers physical resistance that prevents or may prevent the officer from gaining control, but does not attempt to harm the officer (e.g., bracing or pulling away, attempting to flee); and
Active aggressor
a subject who attempts to harm or attack the officer
level 1
Officer presence is appearance, demeanor, and verbal and non-verbal communication that create an atmosphere of compliance.
level 2
Verbal commands are in the form of task direction with consequences aimed at the subject
level 3
Control techniques are techniques or actions with a low probability of causing connective tissue damage, lacerations of the skin or broken bones.
level 4
Aggressive response techniques are 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.
level 5
Intermediate weapons are techniques or actions with a high probability of causing connective tissue damage, lacerations of the skin or broken bones.
level 6
Deadly force is any force that is likely to cause death or serious physical injury.
deadly force situations
self defense/ defense of others, lawful arrest or prevention of escape, protection of property, protection of hazardous materials or deadly weapons.
Explain the 5th amendment
Just Compensation
Grand Jury
Due Process
Double Jeopardy
Self Incrimination
Explain custodial situation and the policy surrounding
(Rights advice should be given before interrogating suspects if they are in a custodial situation.) Whether a situation is custodial depends on whether a reasonable innocent person in the suspect’s position would feel a restraint on his or her freedom of movement to such an extent that it approaches a formal arrest.
rights advice
Rights advice need not be given to a suspect in custody if the suspect is not subjected to interrogation
BISI
The Basic Initial Safety Inspection (BISI) is a quick and limited protective inspection of a Safety Inspection vessel for boarding team safety
EISI
is more focused. An EISI may be conducted only when reasonable suspicion exists that there is a particular hazard that may threaten the boarding team

-Known weapons in a known location.
-Unaccounted for persons
-Know safety hazards

characteristics of a confined space
a. It is large enough to allow a person to enter and perform work;
b. It has limited or restricted means for entry or exit; and
c. It is not designed for continuous human occupancy. Also, confined or enclosed spaces may have one or more of the following characteristics:
a. Contains or has the potential to contain a hazardous atmosphere;
b. Contains a material that has the potential for engulfing an entrant;
c. Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor that slopes downward and tapers to a smaller cross section; and
d. Contains any other recognized serious safety or health hazard.
What is the policy for entering confined spaces
Must be certified gas free from one of the following persons Gas Free Engineer (GFE), Competent Person, Marine Chemist, or Industrial Hygienist
reactionary gap
4-6 feet
line of fire
the line extending from a weapons barrel
triangulation
stance of officers to keep all officers out of the line of fire
cover and concealment
cover will stop or deflect the path of a bullet. concealment will only hide your person from view
contact officer
the individual engaged in communicating with the subject.
cover officer
any officer who is not the contact officer.
fatal funnel
the most dangerous part of any opening (e.g. doorway, window)
weapons awareness
always keep your pdw away from your subject and know where your barrel is pointed at all times.
Define Search
An entry or intrusion by a government agent (including any person acting in a governmental capacity) on a quest for evidence into an area where an individual has a reasonable expectation of privacy.
Define Reasonable Suspicion
The belief by a reasonable and prudent person based on articulable facts that something has happened.
Define Probable Cause:
The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been committed
Explain private space two prong test
Is there a reasonable expectation of privacy and is that expectation reasonable.
Explain common space
Anything other than a private space.
Define Plain view discovery
The rule permitting a law enforcement (LE) officer, who is otherwise lawfully present in an area, to seize an item that is readily apparent as evidence.
Define and explain a frisk search
The crushing and passing of hands over the outer clothing of a person in search of weapons, when the officer suspects an individual may have a weapon that poses a threat to the boarding team or others.
Define and explain Search Incident to Arrest
A detailed “crush and feel” search of an arrested individual’s person and thorough search of outer clothing.
Explain the Policy for a Strip Search
A strip search may be conducted when there is a reasonable suspicion that a weapon, evidence, or means of escape is secreted on a person.
Body Cavity Search
A body cavity search may be conducted when there is a reasonable suspicion that a weapon, evidence or means of escape is secreted in the specified body cavity to be examined.
Define and Explain SNO
The SNO process is the means by which a Coast Guard flag officer informs a subordinate commander that the flag officer does not object to the proposed use of the subordinate commander’s lawful discretion and authority.
Who are the 9 prohibited persons under 18 USC 922
Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
convicted of a crime punishable by imprisonment for a term exceeding one year;
who is a fugitive from justice;
who is an unlawful user of or addicted to any controlled substance;
who has been adjudicated as a mental defective or has been committed to any mental institution;
who is an illegal alien;
who has been discharged from the military under dishonorable conditions;
who has renounced his or her United States citizenship;
who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).
What are they prohibited from owning or to be in possession of
Ammo and firearms
Explain and give examples of Federally Regulated Weapons
Machine guns, short barrelled rifles (barrel length under 16″ overall length under 26″)
short barrelled shotguns, suppressors, destructive devices.
What are the reports that are associated with an LE case and when are they due
Situation Report-within 24 hours of the start of the case and every 24 hours after until the disposition is resolved.

ield Intelligence Report-within 72 hours from the completion of the boarding.

Use of Force Report-with in 72 from the time force was used.