Authority & Jurisdiction
Authority (Verbatim)
This is the government's legal power to act.
This amendment protects people against unreasonable searches and seizures.
Fourth Amendment
This federal agency is the lead agency for detecting and monitoring aerial and maritime transit of illegal drugs into the United States.
Department of Defense
Stands for the process by which a Coast Guard officer confirms that the Coast Guard has authority to order a vessel to stop and be searched.
Statement of No Objection
Countries that have full provisions for a U.S. bilateral maritime agreement.
Antigua & Barbuda, Bahamas, Panama, Honduras, Dominican Republic, Guatemala, Nicaragua, or Costa Rica
Three elements that comprise jurisdiction in the maritime law-enforcement context.
Substantive law
Vessel status/flag
Location
A reasonable expectation of privacy requires both _________ and _________.
Actual expectation
Objectively reasonable expectation
This agency acts as the lead agency for the interdiction and apprehension of persons and vessels suspected of drug trafficking.
Coast Guard
Explain the Maritime Operational Threat Response process.
This country requires a minimum of 10 days' notice under the bilateral agreement provisions
Panama
This type of border is located 3 NM from the low mean watermark.
Sea Border
What is a frisk search?
Pre-arrest search involves crushing and passing the hands over a person's outer clothing when the officer reasonably suspects the person has a weapon.
Maritime Drug Law Enforcement Act (MDLEA)
Law prohibits knowingly or intentionally manufacturing, distributing, or possessing with intent to manufacture or distribute a controlled substance aboard certain vessels.
These four words make up the C.U.T.E. objectives of the MOTR process.
Coordinated
Unified
Timely
Effective
This country is listed as having full IMIS provisions but is not included in the group of countries listed with full bilateral provisions.
Barbados
Hot Pursuit
This doctrine allows a coastal state to pursue a foreign vessel onto the high seas after a qualifying violation, provided the pursuit is continuous and uninterrupted.
This type of vessel search requires probable cause when evidence is believed to be located in an area where someone aboard has a reasonable expectation of privacy, such as a stateroom or vessel safe.
Search of a private area aboard a vessel
What is MDLEA jurisdiction over a U.S. citizen or legal resident alien?
Under 46 U.S.C. §70503, a U.S. citizen or legal resident alien may be prosecuted for prohibited drug activity aboard a vessel even when the vessel does not otherwise fall into the listed jurisdictional categories.
Second MOTR trigger
When more than one federal department or agency becomes substantially involved in responding to a maritime threat.
During a GFV right-of-visit procedure, once someone admits to being the master/PIC, the boarding team should ask that person this question concerning the vessel.
Whether they desire to make a claim of nationality or registry
A foreign-flagged mothership remains outside the coastal state's jurisdictional zone but acts in concert with a contact vessel committing a violation inside the zone. This doctrine may allow jurisdiction over the mothership.
Constructive Presence
Destructive Search: A search permanently alters or destroys part of a vessel and cannot reasonably be repaired by the boarding team. It requires ______, _______ and ____________.
Probable cause, TACON concurrence, and separate authorization aboard a foreign-flagged vessel.
Violation of 46 U.S.C. §70503 may result in this maximum term of imprisonment, in addition to a fine.
15 years
_______ _______: standing authority for the Coast Guard to _____, _____ and _____ ______ registered in that flag state that are reasonably suspected of illicit maritime activity and located seaward of any nation's TTS.
Ship boarding
stop, board and search vessel
What is contact TACON?
During a GFV right-of-visit boarding, the master claims a nationality for which the U.S. has no bilateral agreement. According to the study guide, this is the next action.