A&J
THE GOVERNMENT'S LEGAL POWER TO ACT.
AUTHORITY
COAST GUARD COMMISSIONED, WARRANT, AND PETTY OFFICERS, MAY BOARD A VESSEL SUBJECT TO U.S. JURISDICTION TO MAKE INQUIRIES, EXAMINATIONS, INSPECTIONS AND ARRESTS, AND USE ALL FORCE REASONIBLY NECESSARY TO COMPEL COMPLIANCE TO PREVENT, DETECT, AND SUPPRESS VIOLATIONS OF U.S. LAW.
14 USC 522
DEFINED AS ANY LEVEL OF FORCE OTHER THAN DEADLY FORCE.
NON-DEADLY FORCE
DURING A BOARDING, BOARDING TEAM MEMBERS MAY REMOVE THEIR PFD'S AT THE DISCRETION OF THIS PERSON.
BOARDING OFFICER
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the places to be searched, and the persons or things to be seized."
4TH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES
THE FOUR FUNDAMENTAL SOURCES OF A BOARDING TEAMS AUTHORITY.
MARITIME LAW, CUSTOMS, PORTS WATERWAYS AND COASTAL SECURITIES, ASSISTANCE
AUTHORIZES THE CG ASSISTANCE AUTHORITY
14 USC 701
A SUBJECT THAT ATTEMPTS TO ATTACK OR HARM THE OFFICER.
ACTIVE AGGRESSOR
CONDUCTED TO IDENTIFY ANY SAFETY HAZARDS AND ENSURE THE SEAWORTHINESS OF THE VESSEL BEING BOARDED.
INITIAL SAFETY SWEEP
A BELIEF BY A REASONABLE AND PRUDENT PERSON, GIVEN THE OVERALL CIRCUMSTANCES, THAT A CRIME HAS BEEN COMMITTED OR IS BEING COMMITTED.
PROBABLE CAUSE
THE ZONE OF WATERS BEYOND AND ADJACENT TO THE TERRITORIAL SEAS NOT EXTENDING BEYOND 200NM FROM THE BASELINE
EXCLUSIVE ECONOMIC ZONE (EEZ)
THIS STATUTORY BASIS FOR CG LE AUTHORITY STATES "THE COAST GUARD SHALL ENFORCE OR ASSIST IN THE ENFORCEMENT OF ALL APPLICABLE FEDERAL LAWS AND REGULATIONS ON, UNDER, AND OVER THE HIGH SEAS AND WATERS SUBJECT TO THE JURISDICTION OF THE US."
14 USC 122
IRREVERSIBLE CESSATION OF ALL VITAL FUNCTIONS ESPECIALLY AS INDICATED BY PERMANENT STOPPAGE OF THE HEART, RESPIRATION, AND BRAIN ACTIVITY
DEATH
ALLOWS A LAW ENFORCEMENT OFFICER TO SEIZE EVIDENCE OF A CRIME WHEN THEY ARE LEGALLY PRESENT IN AN AREA AND DISCOVER AN ITEM THAT IS IMMEDIATELY APPARENT AS EVIDENCE.
PLAIN VIEW DOCTRINE
DEFINED AS PRIVATELY OWNED ITEMS NORAMLLY WORN OR CARRIED ON THE PERSON, ANYTHING REMOVED FROM THE PERSON THAT CANNOT BE CLASSIFIED AS WEAPONS, EVIDENCE, OR MEANS OF ESCAPE.
PERSONAL EFFECTS
WHEN A VESSEL IS FORCED INTO STATE WATER BY VIRTUE OF DISTRESS, WHETHER BROUGHT ABOUT BY NATURAL OR MANMADE CAUSES.
FORCE MAJEURE
THESE 2 LAWS DESIGNATE CG COMMISSIONED, WARRANT, AND PETTY OFFICERS AS CUSTOMS OFFICERS. (GET 1 TO BE CORRECT)
14 USC 703 AND 19 USC 1401
REQUIRED AFTER THE USE OF A LEVEL 3 OR GREATER USE OF FORCE TECHNIQUE WITH THE EXCEPTION OF THE NORMAL APPLICATION OF HANDCUFFS.
USE OF FORCE REPORT
UTILIZED TO CONDUCT A TIER 1 ENCOUTER CHECK TO GAIN LAW ENFORCEMENT INFORMATION AND INTELLIGENCE.
DHS NATIONAL TARGETING CENTER (COASTWATCH)
A SEARCH INVOLVING MODIFICATION TO PROPERTY INCLUDING, WITHOUT LIMITATION, SEARCH ACTIVITY SUCH AS DRILLING SMALL HOLES OR CUTTING PATHES IN VESSEL SURFACES FOR THE PURPOSES OF INVESTIGATION VOID SPACES WHEN SUCH MODIFICATIONSCAN BE REPAIRED UPON THE COMPLETION OF A BOARDING
MINIMALLY INTRUSIVE SEARCH
THIS STATUS EFFECTIVELY PLACES WARSHIPS AND OTHER GOVERNMENT VESSELS BEYOND THE REACH OF ANY OTHER GOVERNMENT'S AUTHORITY TO EXCERCISE THEIR JURISDICTION OVER THEM.
SOVEREIGN IMMUNE STATUS (SOVEREIGN IMMUNITY)
STATES " WHOEVER FORCIBLY ASSAULTS, RESISTS, OPPOSES, IMPEDES, INTIMIDATES, OR INTERFERES WITH ANY (ANY MEMBER OF THE USCG OR ANY OTHER EMPLOYEE OF THE UNITED STATES) WHILE ENGAGED IN OR ON ACCOUNT OF THE PERFORMANCE OF THEIR OFFICIAL DUTIES, SHALL BE FINED NOT MORE THAN $5,000 OR IMPRISONED NOT MORE THAN 3 YEARS, OR BOTH
18 USC 111: ASSAULT ON A FEDERAL OFFICER
AUTHORIZED WHEN: THERE IS PROBABLE CAUSE THE SUSPECT HAS COMMITTED A FELONY INVOLVING THE USE OR THREATENED USE OF DEADLY FORCE, AND THE SUSPECT IS ARMED OR OTHERWISE POSES A THREAT OF DEATH OR SERIOUS PHYSICAL INJURY TO ANY PERSON, AND THE SUSPECT HAS FAILED TO OBEY AN ORDER TO HAULT.
DEADLY FORCE TO EFFECT A LAWFUL ARREST OR PREVENT AN ESCAPE.
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 DISCRETION AND AUTHORITY.
STATEMENT OF NO OBJECTION (SNO)
THIS LEGAL SITUATION, DEFINED AS A SITUATION THAT DEMANDS UNUSUAL OR IMMEDIATE ACTION, AND MAY ALLOW PEOPLE TO CIRCUMVENT USUAL PROCEDURES, IS WHY THE COAST GUARD IS NOT REQUIRED TO OBTAIN A WARRANT PRIOR TO CONDUCTING A SEARCH OF A VESSEL.
EXIGENT CIRCUMSTANCE