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Law
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03/09/2010

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Term
AUTHORITY
Definition
GOV'T LEGAL POWER TO ACT.
THE COAST GUARD MUST HAVE S SPECIFIC STATUTORY BASIS OF AUTHORITY PROIR TO TAKING LE ACTION. THE VSL IS NOT SUBJ TO
Term
FOUR FUNDEMENTAL SOURCES IF CG AUTHORITY
Definition
* MLE (14USC89)
* CUSTOMS (14USC143,1401(A, 1581(A)
* PROTECTION AND SECURITY OF VESSELS,HARBOR, AND WATERLINE FACILITY INCLUDING LE SHORE(50USC191)
* ASSISTANCE
Term
CG PERSONNEL S/ AUTHORITY UNDER 14USC49
Definition
* COMMISSIONED OFFICER
* WARRANT OFFICER
* PETTY OFFICER
* OCS W PRIOR BO QUAL
* RESERVISTS ON ORDERS
Term
LE ACTIONS CG PERSONNEL AUHTORIZED UNDER 14USC89
Definition
SEAS II
* SEARCHES - SPACES
* EXAMINATION - DOCUMENT'S ID'S AND LISCENSING
* ARREST - INDIVIDUAL
* SEIZURES - THINGS, PROPERTY AND VESSEL
* INSPECTIONS - REQUIRED EQUIPMENT AND RECORDS
* INQUIRIES - PRE-BOARD QUESTIONING
Term
WHERE CAN CG EXCERCISE ITS AUTHORITY
Definition
UPON HIGH SEAS AND WATER SUBJECT TO US JURISDICTION AND ANY VSSL SUBJ. TO THE JURISDICTION OR TO THE PROTECTION OF ANY LAW OF THE US.
Term
WHAT GRANTS CG CUSTOMS AUTHORITY
Definition
14 USC 143, 19 USC 1401
Term
AUTHORITY GRANTED UNDER 19 USC 1581(A) AND 19 USC 1589 (A)
Definition
* AUTHORITY TO BOARD VSL
* EXAMINE THE MANIFEST AND OTHER DOC.
* OBTAIN THE ASSISTANCE OF ANY PERSON, INDIVIDUAL OR PRIVATE ENTITIES FOR ARREST ASSIATANCE
* EXAMIN.INSPECT, AND SEARCH EVERY PART AND PERSON TRUCK PACKAGE OR CARGO ONBOARD
* MAY HAIL AND STOP SUCH VSL
* USE NECESSARY FORCE TO COMPEL COMPLIANCE
* CARRY FIREARM
* MAKE AN ARREST W/O WARRANT
Term
LIMITATIONS TO CUSTOMS AUTHORITY
Definition
CG PERSONNEL ARE BOUND BY THE SAME RULE AND REGS AS OTHER CUSTOMS OFFICERS INCLUDING INTERNATIONAL REGS.
Term
ACTIONS CG CAN TAKE WHEN WORKING IN CONJUNCTION W/ ICE/CBP
Definition
* CONDUCT CUSTOM BORDER SEARCHES
* CARRY FIREARMS AND MAKE WARRANTLESS ARREST ASHORE
Term
ASSISTANCE AUTHORITY
Definition
FED, STATE AND LOCAL AUTHORITY CAN REQUEST CG LE ASSISTANCE WHEN CG FACILITIES AND PERSONS ARE ESPECIALLY QUALIFIED TO PERFORM ACTIVITIES.
Term
JURISDICTION
Definition
GOV'T LEGAL RIGH TO EXCERCISE AUHTORITY OVER ITS OWN PERSONS, VSL'S AND TERRITORY
Term
THREE ELEMENT COMPRISE JURISDICTION
Definition
* VSL FLAG STATUS
* SUBSTANTIVE LAW
* LOCATION
Term
SUBSTANTIVE LAW
Definition
ONE THAT PROHIBITS CERTAIN ACTIONS OR REQUIRES AFFIRMATIVE CONDUCT (EX. DRUG ENFORCMENT LAWS, IMMIGRATION LW, FISHERIES, PROTECTED AREAS AND SPECIES,ENVIR/POLLUTION,PORT AND WATERWAY,COASTAL SECURITY,VSL SAFETY AND GENERAL CRIMINAL LAWS.
Term
VSL FLAG / STATUS
Definition
* FLAG - NATIONALITY
* STAUS - THE CLAIM OF NATIONALITY THAT CAN BE VERIFIED BY A VALID DOCUMENT,VERBAL CLAIM BY MASTER OR DISPLAY OF FLAG NEED VERFICATION
* IF NATIONALITY CANNOT BE VERIFIED THE VSL WILL BE CONSIDERED "ASSIMILATED STATELESS" STATUS.
IF NO NATIONALITY IS CLAIMED THE VSL STATUS WILL BE CONSIDERED "STATELESS" AND SUNJ TO US LAWS.
* THE TERM "STATELESS" AND "ASSIMILATED STATELESS" ARE NOT LEGAL TERMS
* LOCATION DETERMINES FACTOR WHEN CONSIDERING JURISDICTION. PRINCIPLAE OF EXCLUSIVE FLAG/STATE JURISDICTION.
Term
PRINCIPALE OF EXCKUSIVE FLAG / STATE JURISDICTION
Definition
VSL EXCERCISINGFREEDOM OF NAVIGATION IN INTERNATIONAL WATER ARE SUBJ. ONLY TO THE JURISDICITO NOF THE VSL'S FLAG STATE.
Term
MILITARY JURISDICTION
Definition
IF THEY ARE BREAKING ANY LAW, WE CAN ONLY MAKE THEM LEAVE
Term
DESIGNATON ARES
Definition
* BASE LINE - MEAN LOW TIDE
* US TERRITORIAL - BASE LINE TO 3NM (FED 12NM)
* CONTIGUOUS ZONE - 12- 24
* CUSTOMS WATER - INTERNAL TO 12
* EEZ - 3-200 (ECONOMIC EXCLUSIVE)
* HIGH SEAS 200NM TO FOREIGN TERRITORY
* FOREIGN TERRRTORIAL SEAS BSELINE - 12NM
* INTERNATIONAL WATER OUTER TERR. WATER
Term
INTERNATIONAL LAW
Definition
* INCLUDES ALL WATER SEAWARD OF A COUNTRIES INTERNATIONAL WATER
* DOMESTIC LAW
* TERRITORIAL SEAS FOR INTERNATIONAL 12NM
Term
CONSENSUAL BOARDING
Definition
* DONE WITH MASTERS PERMISSION
* CAN ONLY LOOK IN SPACES THAT THE MASTERS PERMIT
* ENDS WHEN MASTERS SAYS SO
Term
USE OF FORCE POLICY
Definition
ONLY THAT FORCE NECESSARY TO COMPEL COMPLIANCE
Term
NON-DEADLY FORCE
Definition
* FOR INDIVIDUAL SELF DEFENSE OR OTHERS
* TO COMPEL COMPLIANCE
* PREVENT FEDERAL CRIMES
* TO EFFECT A LAWFUL ARREST OR TO PREVENT THE ESCAPE
* TO PREVENT THEFT
Term
USE OF FORCE CONTINUUM
Definition
* OFFICER PRESENCE
* VERBAL COMMANDS
* CONTROL TECHNIQUES
* AGGRESSIVE RESPONSES TECHIQUE
* INTERMEDIATE WEAPONS
* DEADLY FORCE
Term
PASSIVE COMPLIANCE
Definition
LEVEL 1-3
FOLLOWS OFFICERS REEQUEST OR VERBAL COMMAND.
Term
PASSIVE RESISTOR
Definition
LEVEL 4-6
DOES NOT FOLLOW OFFICERS REQUEST OR VERBAL COMMAND BUT OFFERS NO PHYSICAL RESISTANCE TO THE OFFICERS
Term
ACTIVE RESISTOR
Definition
DOES NOT FOLLOWS THE OFFICER REQUEST OR VERBAL COMMANDS,OFFERS PHYSICAL RESISTANCE BUT DOES NOT ATTEMPT TO HARM THE OFFICER.
Term
ACTIVE AGGRESSOR
Definition
A PERSON WHO ATTEMPTS TO HARM OR ATTACK THE OFFICER.
Term
LEVEL 1 - OFFICER PRESENCE
Definition
APPEARNACE,DEMEANOR,VERBAL AND NON-VERBAL COMMS THAT CREATES AN ATMOSPHERE OF COMPLIANCE
Term
LEVEL 2 - VERBAL COMMAND
Definition
DIRECTION W/ CONSEQUENCE. CONSIDER IF IT IS NECESSARY TO COMPLETE BOARDING
Term
LEVEL 3 -
Definition
Term
LEVEL 3 - CONROL TECH
Definition
TECH W/ A LOW PROBABILTY OF CASUING CONNECTIVE TISSUE DAMAGE, LACERATION OF THE SKIN OR BROKEN BONES.
Term
LEVEL 4 - AGGRESSIVE RESPONSE TECH
Definition
TECH W/ A PROBABILTY OF CASUING CONNECTIVE TISSUE DAMAGE, LACERATION OF THE SKIN OR BROKEN BONES. IRRITATION OF THE SKIN, EYES OR MUCUS MEMBRANE.
Term
LEVEL 5 - INTERMEDIATE WEAPONS
Definition
TECH W/ A HIGH PROBABILTY OF CASUING CONNECTIVE TISSUE DAMAGE, LACERATION OF THE SKIN OR BROKEN BONES.
BATON,LDL MUNITIONS
Term
LEVEL 6 - DEADLY FORCE
Definition
WILL CASUE DEATH OR SEROIUS INJURY
Term
COMMUNICATION
Definition
LEAPS,
LISTEN,EMPATHIZE,ASK QUESTION,PARAPHRASE AND SUMMARIZE

COMMS BARRIERS
* GENDER
* SOCIAL STATUS
* ENVIROMENT

WHEN TO ACT (SAFER)
* SAFETY/SECURITY
* ATTACK
* FLIGHT
* EXCESSIVE REPETITIONS
* REVERSE PRIORITIES
Term
ATTACK TRIANGLE
Definition
* DELIVERY STYSTEM
* WEAPONS
* SUBJ ACTIONS
Term
REACTIONARY GAP
Definition
4-6FT REACTION TIME 21FT RULE - PERCEIVE THREAT,ANALYZE THE SITUATION,DEVELOP A STARTGEY AND OFFICER POSITION IN RELATION TO SUBJ.
Term
DEADLY FORCE
Definition
* UNCONCIOUSNESS
* PROTRACTED OR OBVIOUS DISFIGURMENT
* LOSS OR IMPAIRMENT OF BODILY FUNCTION BODY MEMBER, ORGAN, MENTAL FACILITY
Term
SITUATION WHERE DEADLY FORCE IS AUTHORIZED
Definition
* SELF DEFENSE OR DEFENSE OF OTHER
* EFFECTING A LAWFUL ARREST/PREVENTING AN ESCAPE
* PROTECTION OF PROPERTY
* PROTECTION OF HAZ-MAT OR DEADLY WEAPONS
* VSL ON VSL SITUATION
Term
DEADLY FORCE TRIANGLE
Definition
* OPPORTUNITY
* WEAPON
* ACTION
Term
WEAPONS
Definition
THE PHYSICAL MEANS TO CAUSE HARM REALTED TO THE BODY
* SIZE OF PERSON CAN BE CONSIDERED A WEAPON
Term
ACTION
Definition
PHYSICAL ACTIONS THAT WOULD LEAD YOU TO BELIEVE THAT YOU OR OTHER ARE IN DANGER OF SERIOUS PHYSICAL INHURY
Term
OPPORTUNITY
Definition
UNRESTRICTED ACCES AND MAX EFFECTIVE RANGE
Term
WHEN CAN U DRAW YUR WEAPONS
Definition
EFFECT AND ARREST TO PREVENT ESCAPE AND PROTECTON OF PROPERTY
Term
WHAT TYPE OF SUJECT MIGHT WE ENCOUNTER
Definition
PASSIVE COMPLIANT
PASSIVE RESISTOR
ACTIVE RESISTOR
ACTIVE AGGRESSOR
Term
PASSIVE COMPLIANT
Definition
A PERSON WHO FOLLOWS THE OFFICER'S REQUEST OR VERBAL DIRECTIONS.
Term
PASSIVE RESISTORA
Definition
A PERSON WHO DOES NOT FOLLOW THE OFFICER'S REQUEST OR VERBAL COMMANDS,BUT OFFERS NO PHYSICAL RESISTANCE.
Term
ACTIVE RESISTORS
Definition
A PERSON WHO DOES NOT FOLLOW THE OFFICER'S REQUEST OR VERBAL DIRECTIONS, OFFERSPHYSICAL RESISTANCE, BUT DOES NOT ATTEMPT TO HARM THE OFFICER.
Term
ACTIVE AGGRESSOR
Definition
A PERSON WHO ATTEMPT TO HARM THE OFFICER.
Term
OFFICER PRESENCE
Definition
THE APPEARNACE AND DEMEANE, VERBAL AND NON-VERBAL COMMUNIOCATION THAT CREATES AN ATMOSPHERE OF COMPLIANCE.
Term
WHAT ARE THE RAMIFICATION OF NOT UNDERSTANDING THE USE OF FORCE POLICY?
Definition
EXCESSIVE USE OF FORCE AND U CAN BE HELD LIABLE FOR ANY DAMAGES/INJURIES.
Term
WHAT USE OF FORCE GUIDANCE IS PROMULGATED IN 14USC89(A)?
Definition
"COMMISIONED,WARRANT AND PETTY OFFICERS MAY AT TIME GO ONBOARD OF ANY VESSEL SUBJECT TO THE JURISDICTION OR TO THE OPERATIONB OF ANY LAW OF THE U.S.,ADDRESS UNQUIRES TO THOSE ON BOARD,EXAMINE TEH SHIP'S DOCUMENTS AND PAPERS,AND EXAMINE, INSPECT , AND SEARCH THE VESSEL AND USE ALL NECESSARY FORCE TO COMPEL COMPLIANCE.
Term
USE OF FORCE POLICY
Definition
ONLY THAT FORCE RESONABLY NECESSARY UNDER THE CIRCUMSTANCE MAY BE USED
Term
NON-DEADLY FORCE MAY ONLY BE USED IN THE FOLLOWING CIRCUMSTANCES
Definition
.FOR INVIDUAL SELF-DEFENSE
.TO COMPEL COMPLIANCE
.TO PREVENT FED CRIME
.AFFECT LAWFUL ARREST OR PREVENT ESCAPE WHERE THERE IS PROBABLE CAUSE THE SUBJ. HAS COMMINTED A CRIME.
.PREVENT THEFT OF,INTENTIONAL DAMAGETO.OR DESTRUCTION OF PROPERTY
.ENFORCE AN ORDER TO EVACUATE A VESSEL.
Term
USE FO FORCE CONTIMUUM
Definition
MODEL THAT ORGANZIED LEVEL OF FORCE INTO A GRADUALTED SCALE OF RISKS AND OUTCOMES, AND PROVIDE THE OFFICER WITH A SYSTEM FOR DETERMINING THE APPROPRIATE LEVEL OF FORCE TO BE APPLIED.
Term
HOW MANY PEOPLE ARE NEED TO COMMUNICATE
Definition
SENDER AND RECEIVER.
Term
3 WAYS A MESSAGE CAN BE COMMUNICATED
Definition
. WORD (7)
. voice inflection/tone (38)
. non-bers (55)
Term
WHAT DO WE HAVE TO BE CAREFUL OF WHEN COMMINUCATING
Definition
T.A.C.T.
THOROUGH (FULL MEANING OF MESSAGE)
ACCEPTABLE (SOCIALLY ACCEPTABLE)
CLEAR (NO ACRONYMS)
KISS (KEEP IT SIMPLE)
Term
WHAT ARE SOME EFFECTIVE COMMUNICATION SKILLS TO HELP DEAL WITH AN EMOTIONAL BOATER?
Definition
LEAPS
LISTEN
EMPATHIZED
ASKED QUESTIONS
PARAPHRASE
SUMMARIZE
Term
ONCE EVERY REASONABLE EFFORT HAS BEEN MADEAT LEVEL1, HOW DO YOU KNOW WHEN IT'S TIME TO MOVE UP THE USE OF FORCE CONTINUUM?
Definition
SAFER
.SAFETY/SECURITY
.ATTACK
.FLIGHT
.EXCESSIVE REPS
.REVISED PRIORITIES
Term
WHAT IS AN ATTACK?
Definition
WHEN A SUBJ. THROUGHT THEIR PHYSICAL ACTIONS,ATTEMPTS TO CAUSE YOU OR HARM.
Term
ATTACK TRIANGLE
Definition
WEAPON,DELIVERY SYSTEM, AND SUBJ. ACTIONS.
Term
LEVEL 2 VERBAL COMMANDS
Definition
TASK DIRECTIONS WITH CONSEQUENCES AIMED AT THE SUBJ.
Term
LEVEL 3 CONTROL TECHNIQUES (ALWAYS ACCOMPANIED BY VERBAL COMMANDS)
Definition
TECHNIQUES AND ACTIONS WITH A LOW PROBABILITY OF CAUSING CONNECTIVE TISSUE DAMAGE,LACERATIONS OF THE SKIN OR BROKEN BONES.
.PAIN COMPLIANCE TECHNIQUES (PRESSURE POINTS, TRANSPORT WRISTLOCKS)
.STRENGTH TECH (PHYSICAL CONTROL)
.NORMAL APPLICATION OF HANDCUFFS
.
Term
LEVEL 4 AGGRESSIVE REPONSE TECH.
Definition
TECHNIQUES AND ACTIONS WITH A HIGHT PROBABLITY OF CAUSING CONNECTIVE TISSUESDAMAGE,LACERATIONS OF THE SKIN OR BROKEN BONES OR THAT WILL PRODUCE IRRITATION OF THE SKIN,EYES AND MUCUS MEMBRANE
.STRIKES/PUNCHES/KICKS
.STUNS (NEURAL DISRUPTION)
.TAKEDOWNS
.OC
Term
LEVEL 5 INTERMIDIATE WEAPONS
Definition
TECHNIQUES OR ACTIONS WITH A HIGH PROBABILITY OF CAUSING COONECTIVE TISSUE DAMAGE,LACERATION OF THE SKIN OR BROKEN BONES. TWO AUTHORIZED LEVEL 5 TOOL
.EXPANDLE BATON
.LESS THAN LETHAL MUNITIONS
Term
LEVEL 6 DEADLY FORCE
Definition
ANY FORCE THAT IS LIKELY TO CAUSE DEATH OR SERIOUS PHYSICAL INJURY, INCLUDING PROPER USE OF STANDARD SERVICE WEAPONS.
Term
REACTIONARY GAP
Definition
AREA B/T THE SUBJ. AND BTM. MINIMUN OF 4-6 FT
Term
DEALY FORCE TRIANGLE
Definition
WEAPON,OPPURTUNITY AND SUBJECTS ACTIONS.
Term
SERIOUS INJURY
Definition
RESULTS IN UNCONSCIOUSNESS,PROTRACTED AND OBVIOUS DISFIGUREMENT,POTRACTED LOSS OR IMPAIRMENT OF THE FUNCTIONS OF BODILY MEMBER,ORGAN OR MENTAL FACULTY.
Term
COVER AND CONCEALMENT
Definition
COVER: AN AREA THAT THE OFFICER CAN HIDE BEHIND WHICH MAY STOP A BULLET

CONCEALMENT: "" WILL NOT STOP A BULLET.
Term
HOW DO YOU TAKE COVER AND CONCEALMENT
Definition
LIMIT EXPOSURE,PRESENT A SMALL TARGET,GET LOW AND USE ONE ARM LENGTH RULE.
Term
WHAT IS THE FATAL FUNNEL
Definition
THE AREA IN FRONT OF OR BEHIND AN OPEN DOOR,HATCH,SCUTTLE OR WINDOW THAT EXPOSES YOU THE MOST.
Term
SIA (SEARCH INCIDENT TO AN ARREST)
Definition
SEARCHING FOR WEAPONS, MEANS OF ESCAPE AND EVIDENCE THAT A CRIME HAS BEEN COMMITTED.
Term
ISI
Definition
INITIAL SAFETY INSPECTION. PERFORMED PROIR TO BOARDING A VESSEL.
Term
EXTENED ISI
Definition
SEARCHING FOR UNUACCOUNTED FOR PERSONNEL.
Term
CONFINED SPACE ENTRY
Definition
YOU CANNOT ENTRY SPACED WITHOUT IT BEING CERTIFIED GAS FREE BY GAS FREE ENGINEER.
Term
JURISDICTION
Definition
THE RIGHT TO EXCERCISE LEGAL AUTHORITY OVER ITS PERSON, VESSEL, AND TERRITORY.
Term
Detention
Definition
The act of keeping back, restraining, or withholding a person or property for a temporary, reasonable
period of time for the purpose of inspection, investigation, or search when such act does not amount to an arrest or property seizure.
Term
Arrest
Definition
The seizure and taking into custody of a person, believed to have committed a crime, that occurs by the
use of physical force or display of official authority, to which the person submits.
Term
SNO
Definition
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.
Term
Force Majeure
Definition
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.
Term
Innocent Passage
Definition
Under international law, the right of non-interference for a vessel transiting inbound,
outbound or through a foreign territorial sea, provided the vessel’s passage is innocent.
Term
Initial Safety
Inspection (ISI)
Definition
A protective inspection of a vessel for the safety of the boarding team. There are two levels of initial
safety inspection: (1) basic; and (2) extended.
Term
Hot Pursuit
Definition
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.
Term
Constructive
Presence
Definition
Under international law, the right of a coastal State to exercise jurisdiction over a foreign flag vessel
(mothership) which remains outside of coastal State jurisdiction, but uses its boat or another ship (contact
boat) to commit offenses in violation of coastal State law within a maritime area over which that the
coastal State exercises jurisdiction.
Term
Right of Visit
(ROV)
Definition
Under international law, the right of warships and other duly authorized vessels or military aircraft in
international waters to board a vessel of unknown nationality in order to determine its nationality, or to
board any vessel suspected of engaging in piracy, slave trade or unauthorized broadcasting.
Term
Right of Approach
(ROA)
Definition
Under international law, the right of warships and other duly authorized vessels or military aircraft in
international waters to approach any vessel in international waters and to verify its nationality through
questioning. The Right of Approach is closely linked to the Right of Visit (ROV).
Term
Use of Force
Continuum
Definition
A model for determining when and what types of force should be used in individual self defense and law
enforcement (LE) situations, except those involving action to compel a vessel to stop
Term
FEDERALLY REGULATED
FIREARMS INCLUDE:
Definition
- Machine guns
- Short-barreled shotguns
- Short-barreled rifles
- Mufflers or silencers
- Destructive devices
- Other miscellaneous weapons
Term
Short-barreled shotgun
Definition
A shotgun having one or more barrels less
than eighteen inches in length, or any weapon made from a shotgun,
if the length overall, as modified, is less than twenty-six inches.
Term
Short-barreled rifle:
Definition
A rifle having one or more barrels less than
sixteen inches in length or any weapon made from a rifle, if the
length overall, as modified, is less than twenty-six inches.
Term
18 USC 922 (g): FIREARMS: UNLAWFUL ACTS
Definition
Any person who is any of the following:
1. a convicted felon (other than white-collar crimes)
2. dishonorably discharged from the military
3. adjudicated as being mentally incompetent or committed to
any mental institution
4. having renounced U.S. citizenship
5. an illegal alien
6. fugitive from justice
7. unlawful user of or addicted to any controlled substance
8. a court order that restrains such person from harassing,
stalking, or threatening an intimate partner or child of such
partner
9. a misdemeanor conviction for domestic violence
- May not carry, possess, or transport in interstate or foreign
commerce
- Any firearm or ammunition
Term
Serious Physical
Injury
Definition
Actual physical injury to the body that results in: (a) unconsciousness; (b) protracted and obvious
disfigurement; or (c) protracted loss or impairment of the function of a bodily member, organ, or mental
faculty.
Term
Sovereign
Immunity
Definition
Pursuant to international law, certain government vessels, aircraft, and personnel have sovereign
immune status which effectively places them beyond the reach of any other government’s authority to
exercise jurisdiction over them.
Term
Strip Search
Definition
A search that involves the intrusive removal of clothing and may be as extensive as a visual examination
of the nude body.
Term
Probable Cause
Definition
The level of suspicion that would cause a reasonable and prudent person, given the overall
circumstances, to believe a crime has been committed.
Term
Reasonable
Suspicion
Definition
The belief by a reasonable and prudent person based on articulable facts, that something has happened
(e.g., criminal activity is afoot or a particular condition exists). This is a comparatively low standard short
of the probable cause threshold, but rising above the level of mere suspicion.
Term
Strip Search
Definition
A search that involves the intrusive removal of clothing and may be as extensive as a visual examination
of the nude body.
Term
Search Incident to
Arrest
Definition
A detailed “crush and feel” search of an arrested individual’s person and thorough search of outer
clothing.
Term
Evidence
Definition
Anything including testimony, documents and tangible objects that tend to prove or disprove a fact in
issue.
Term
Body Cavity
Search
Definition
A search that involves the visual or physical examination into a person’s body cavity. A visual inspection
of the mouth, ears, or nose during either a search incident to arrest or strip search is not a body cavity
search.
Term
Body Cavity
Search
Definition
A search that involves the visual or physical examination into a person’s body cavity. A visual inspection
of the mouth, ears, or nose during either a search incident to arrest or strip search is not a body cavity
search.
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