Authority & Jurisdiction
What is a Boarding Team Member?
A boarding team member is a member designated to assist the boarding officer in maritime law enforcement under the BO authority.
What is the 4th Amendment?
The right of the people to be secured in their persons, house, papers, and affects against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause supported by oath or affirmation and particularly the place to be searched and the persons or things to be seized.
Define Search
An entry or intrusion by a government agent on a quest for evidence into an area where an individual has a reasonable expectation of privacy.
What are the two types of Self-Defense?
Individual and Unit self defense.
What type of questioning should be used by boarding personnel?
Tactical Questioning
What is Authority
The governments legal power to act.
What is Basic ISS & Examples
BISS inspection of vessel for boarding team safety is limited to identifying potential safety hazards and ensuring the vessels seaworthiness -- Exterior Decks, Common Spaces, Bilge Areas, Engineering Spaces, and Cargo
What is Reasonable Suspicion?
The belief by a reasonable and prudent person based on articulate facts that something has happened.
What is the Commandant's Guiding Principle?
Only that force reasonably necessary under the circumstances may be used -- force must not be used where assigned duties can be discharged without it and excessive force may never be used.
What type of situation should questioning of an individual NOT become?
Custodial Situation
What is Jurisdiction
The governments power to exercise legal authority over its person, vessels, and territories.
What is Extended ISS & When would you conduct a EISS?
EISS is more focused and is only conducted when reasonable suspicion exists that there may be a hazard that may threaten the boarding -- when there is a known safety hazard on board, unaccounted for personnel, or known weapon on board.
What is 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.
What is UOF? (Use of Force)
The level of force that is needed to compel compliance.
What is a Custodial Situation?
Any situation where a persons freedom of movement or speech is taken away.
What are the 5 fundamental sources of CG Enforcement Authority?
Maritime Law Enforcement, Customs, Ports and Waterway Safety, Assistance Authority, CGIS
What is the TWO-PRONG TEST for a private space?
Is there an expectation for privacy -- Is that expectation reasonable?
What is a Frisk Search & What is the level suspicion needed
The crushing and passing of hands over the outer clothing of a person in search of weapons -- reasonable suspicion
What is the UOF Continuum?
Officer Presence, Verbal Commands, Aggressive Response Techniques, Intermediate Weapons, & Deadly Force
What are the 3 characteristics of a Confined Space?
-Large enough for a human to enter
-Limited means for entry or exit
-Not designated for continuous human occupancy
What is 14 USC 522A?
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 ships documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance.
What is the Plain-View Doctrine & What are the two requirements?
The rule permitting a law enforcement officer who is otherwise lawfully present in the area -- to seize an item that is immediately apparent as evidence. -- the officer must be legally present in that space & it must be immediately apparent that the items are evidence.
What is a SIA? (Search Incident to Arrest) & What level of suspicion is needed?
A detailed crushing and feeling of an arrested individual person and thorough search of outer clothing on a quest for weapons, evidence, and or means of escape. -- No level of suspicion.
What are the 4 Types of Subjects? Define & Identify the levels that apply to each.
Passive Compliant - Follows officers request or verbal commands (Levels 1 & 2)
Passive Resistor - Does not follow the officers verbal request but offers no physical resistance to the officers attempt to gain control (Level 3)
Active Resistor - Does not follow the officers verbal commands and offers physical resistance to the officers attempt to gain control (Level 4)
Active Aggressor - Attempts to harm or attack the officer (Levels 5 & 6)
What is the CG Policy on CG Personnel entering Confined Spaces & WHO can certify a Confined Space as gas free?
Boarding personnel shall not enter any confined or enclosed places until they have been certified safe for entry by a designated competent person such as a gas free engineer or person designated by command. -- Gas Free Engineer, Marine Chemist, Industrial Hygienist