Term
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Definition
| Authority is the governments legal power to act. |
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Term
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Definition
| The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the U.S. has jurisdiction, for the prevention, detection, and suppression of violations of the laws of the U.S. For such purposes, commissioned, warrant, and petty officers, may at anytime, go aboard any vessel subject to the jurisdiction or to the operation of any law of the U.S., 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. |
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Term
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Definition
| The Coast Guard as established on January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times. The Coast Guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy. |
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Term
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Definition
| 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. |
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Term
| 14 USC 143 AND 19 USC 1401(i) |
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Definition
| Commissioned, warrant, and petty officers of the Coast Guard are deemed to be Officers of the Customs and when so acting, shall insofar as performance of the duties relating to Customs laws are concerned, be subject to regulations issued by the Secretary of the Treasury governing officers of the Customs. |
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Term
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Definition
| The Coast Guard may, when so requested by proper authority, utilize it's personnel and facilities to assist any Federal agency, state, territory, possession, or political subdivision thereof, or the District of Colombia to perform any activity, for which such personnel and facilities are especially qualified. |
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Term
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Definition
Grants Customs officers general LE authority to:
1. Carry a firearm
2. Execute and serve any order, warrant, subpoena, summons or other process issued under the authority of the U.S.
3. Make an arrest without warrant for any offense against the U.S. committed in the officer's presence or for a felony 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
4. Perform any other LE duty that the Secretary of the Treasury may designate. |
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Term
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Definition
Provides authority for the Coast Guard to take actions to prevent or respond to an act of terrorism against an individual, vessel or public commercial structure, that is subject to the jurisdiction of the United States and located within or adjacent to the marine environment or a vessel of the United States or an individual on board that vessel. Such actions to prevent or respond to acts of terrorism include, but are not limited to:
1. Inspections
2. Port and harbor patrols
3. Establishment of security and safety zones
4. Development of contingency plans and procedures
The statue also expressly authorizes the Coast Guard to dispatch properly trained and qualified armed CG personnel on vessels and public or commercial structures on or adjacent to waters subject to the U.S. jurisdiction to deter or respond to acts of terrorism or transportation security incidents. |
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Term
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Definition
Authorizes Customs officers to:
1. Board vessels
2. Examine the documents aboard
3. Conduct seizures
4. Make seizures
5. Make arrests
6. Enforce customs laws of the U.S. |
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Term
| What are the five fundamental sources of Coast Guard enforcement authority? |
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Definition
1. Maritime Law Enforcement (MLE)
2. Customs
3. Protection and Security of Vessels, Harbors, and Waterfront Facilities (including LE Ashore)
4. Assistance
5. Coast Guard Investigative Service (CGIS) Special Agents |
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Term
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Definition
| Jurisdiction is the government's power to exercise authority over it's person's, vessels and territory. |
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Term
| What are the three sides to the jurisdictional triangle? |
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Definition
-Substantive Law
-Vessel Status/Flag
-Location |
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Term
| What are the Special Circumstances of authority? |
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Definition
-Right of Visit (ROV)
-Consensual boardings
-Rendering assistance |
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Term
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Definition
One that prohibits certain action or requires affirmative conduct. Example:
-Drug Laws (Ch.5)
-Immigration Laws (Ch.6)
-Fisheries enforcement (Ch.7)
-Protected areas and species (Ch.8)
-Environmental/Pollution Laws (Ch.9)
-PWCS Laws (Ch.10) |
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Term
| What are the four vessel status'? |
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Definition
Vessel Status
-U.S.
-Foreign
-Vessel w/out nationality (WON)
-Vessel assimilated w/out nationality (AWON) |
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Term
| What are the four types of vessels? |
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Definition
-Private/Pleasure
-Commercial
-Government owned non-commercial
-Warships |
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Term
| To qualify as a U.S. vessel, what requirements must be met? |
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Definition
| A U.S. vessel must meet one of these requirements: -Documented (Certificate of Documentation) -Numbered (Certificate of Numbers) -Owned in whole or part by a U.S. citizen or national and not registered in another country -Was once documented under U.S. law and, without approval of the U.S. Maritime Administration, had either been sold to a non-U.S. citizen or placed under foreign registry or flag |
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Term
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Definition
| The allowable extent of U.S. jurisdiction over persons, vessels, and aircraft is determined by the character of the waters in or over which they are located. |
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Term
| What are the valid claims of nationality recognized by U.S. law? |
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Definition
-Production of documents evidencing the vessel's nationality
-Flag flying
-A verbal claim of nationality by the master/person in charge of the vessel |
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Term
| Identify actions to be taken when a vessel is suspected to be without nationality or assimilated to without nationality. |
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Definition
| Deciding how to treat a vessel that may be WON is not up to the unit. An SNO will be required and a BO should follow the business rules. |
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Term
| Communicate the principles of Exclusive Flag State Jurisdiction. |
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Definition
| A vessel exercising freedom of navigation in international waters is subject only to the jurisdiction of the flag state. Such vessels are not subject to boarding, search, seizure or arrest by any nation other than their flag state, unless one of the jurisdictional exceptions apply. |
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Term
| Communicate the principles of Sovereign Immunity. |
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Definition
| Certain government vessels, aircraft, and personnel have sovereign immune status which effectively places them beyond the reach of any other government authority to exercise jurisdiction over them. Ex. Warships, military aircraft, political members |
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Term
| Define: Statement of no Objection |
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Definition
| The means by which a CG flag officer informs a subordinate commander that the flag officer does not object to the proposed use of the subordinate commanders lawful discretion and authority. |
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Term
| Define: Consensual Boarding |
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Definition
| A boarding conducted solely wit the consent of the master/person in charge of a vessel not subject to the jurisdiction of the U.S. Such baordings are non-jurisdictional in nature; no enforcement action whatsoever may be taken while aboard a vessel solely on a consensual basis. |
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Term
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Definition
| The waters 12 NM wide adjacent to the coast of the U.S. and seaward of the baseline. |
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Term
| Define: Exclusive Economic Zone |
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Definition
| Adjacent to the territorial sea and extending 200 NM from the baseline, in which a coastal state may exercise the control necessary to protect natural resources. Includes the waters, seabed, and subsoil of the zone. |
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Term
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Definition
| Waters shore-ward of a line drawn 12NM from the baseline (including terr. sea and internal waters) with ready access to the sea. For foreign flag vessels, customs waters of the U.S. may be extended beyond 12NM by special arrangements. |
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Term
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Definition
| Adjacent to the terr. sea and extending 24NM from the baseline, in which a coastal state may exercise the control necessary to prevent and punish infringements of it's fiscal, immigration, sanitary and customs laws. |
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Term
| Define: Foreign Territorial Sea and Internal Waters |
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Definition
The water within the belt that is adjacent to the foreign nations coast and who's breadth and baseline are recognized by the U.S. (up to 12NM).
For. Internal Waters- Those waters shore-ward of it's baseline as recognized by the U.S. |
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Term
| Define: International Waters |
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Definition
| The waters sea-ward of the outer limit of the territorial sea of any nation, but encompassing the high seas, EEZ and the contiguous zone. |
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Term
| Define: Special Maritime Territorial Jurisdiction |
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Definition
SMTJ -18 USC 7
-U.S. vessels on the high seas
-U.S. vessels in foreign waters
-Great Lakes (unenclosed portions seaward of the baseline on the U.S. side)
-Federal Reservations
-Lands/waters not within or between the 50 states (U.S. territories and possessions)
-Territorial Seas |
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Term
| Define: Exclusive State Waters |
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Definition
| Internal waters wholly within a single state (no CG jurisdiction). |
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Term
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Definition
Shore-ward of the baseline, including all waters on the U.S. side of the international boundary of the Great Lakes.
*Not the same as inland waters. |
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Term
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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. |
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Term
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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. |
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Term
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Definition
| Allows a coastal state to preserve it's jurisdiction to take law enforcement action against a foreign flag vessel that flees beyond normal jurisdictional limits after it has committed a violation of coastal states law. |
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Term
| Define: Constructive Presence |
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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 it's boat or another ship to commit offenses in violation of coastal state law within a maritime area over which that the coastal state exercises jurisdiction. |
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Term
| Define: Right of Visit (ROV) |
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Definition
| Under international law, the right of warships and other duly authorized vessels and military aircraft in international waters to board a vessel of unknown nationality in order to determine it's nationality, or to board any vessel suspected of engaging in piracy, slavery or unauthorized broadcast. |
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Term
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Definition
| Under international law, the right of non-interference for a vessel or aircraft transiting through a foreign territorial sea that comprises of an international strait used for navigation between areas of international waters. |
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Term
| What is the Coast Guard's Use of Force Policy? |
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Definition
| Only that force reasonable necessary under the circumstances may be used. Excessive force shall never be used. Force shall not be used where assigned duties can be discharged without it. Nothing in the application of the CG use of force policy shall be construed as to necessarily require personnel to meet force with equal or less force. |
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Term
| What are the three types of self defense? |
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Definition
-Individual
-Unit
-National |
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Term
| What are the six deadly force situations? |
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Definition
1. Self-defense or defense of others
2. Lawful arrest and to prevent escape
3. Protection of property
4. Protection of hazardous materials or deadly weapons
5. Deadly force in vessel-on-vessel situations
6. Deadly force and airspace security |
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Term
| Define: Level 1 Officer Presence |
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Definition
| Appearance, demeanor, verbal and non-verbal communication that creates an atmosphere of compliance. |
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Term
| Define: Level 2 Verbal Commands |
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Definition
| Verbal commands in the form of task direction with consequences aimed at the subject. |
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Term
| Define: Level 3 Control Techniques |
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Definition
| Techniques or actions with a low probability of causing connective tissue damage, lacerations to the skin, or broken bones. These techniques include the proper use of restraint devices, pain compliance and strength techniques. |
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Term
| Define: Level 4 Aggressive Response Techniques |
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Definition
| Techniques or actions likely to result in connective tissue damage, lacerations of the skin or broken bones or that will produce irritation to the skin, eyes, and/or mucous membranes. These techniques include, kicks, punches, stuns, take-downs and chemical irritant. |
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Term
| Define: Level 5 Intermediate Weapons |
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Definition
| Techniques or actions with a high probability of causing connective tissue damage, lacerations of the skin, or broken bones. These techniques include the proper use of the expandable baton and 12 gauge rubber fin-stabilized munitions. |
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Term
| Define: Level 6 Deadly Force |
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Definition
| Any force likely to cause death or serious physical injury. |
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Term
| Define: Serious Physical Injury |
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Definition
| Actual physical injury to the body that results in unconsciousness, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty. |
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Term
| Name the four lower counter measures. |
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Definition
-Knee strike
-Angle kick
-Front snap kick
-Superficial peronneal kick |
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Term
| Name the nine upper body counter measures. |
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Definition
-Front jab
-Straight punch
-Forearm strike
-Brachial Stun/Palm heel strike
-Backhand strike
-Inner forearm strike
-Outer forearm strike
-Superscapular stun
-Elbow strike |
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Term
| Explain the six non-deadly force situations. |
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Definition
1. Individual self defense
2. To compel compliance with an order the CG has authority to use
3. To prevent a federal crime
4. To affect a lawful arrest or prevent escape
5. To prevent theft of, damage to or destruction of property.
6. To enforce an order to evacuate a vessel. |
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Term
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Definition
| A subject who does not follow the officer's request or verbal directions and offers physical resistance that prevents or may prevent the officer from gaining control but does not attempt to harm the officer. |
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Term
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Definition
| A subject who attempts to harm or attack the officer. |
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Term
| Define: Passive Compliant |
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Definition
| A subject who follows the officer's request or verbal directions. |
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Term
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Definition
| A subject who does not follow the officer's request or verbal directions, but offers no physical resistance to the officer's attempts to gain control. |
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Term
| Explain the Post-shooting procedures. |
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Definition
-Secure the scene
-Handcuff the subject, if applicable
-Call for medical assistance and provide first aid
-Injured persons must remain in CG custody until turned over to another LE authority
-Treat weapon and spent cartridges as evidence
-Contact the special agent-in-charge of CGIS
-Prepare statements to federal officials |
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Term
| Define: Basic Initial Safety Inspection |
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Definition
| A quick and limited protective inspection of a vessel for boarding team safety. |
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Term
| Define: Extended Initial Safety Inspection |
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Definition
A more focused protective sweep of a vessel restricted to these spaces where potential hazards are likely to exist. Must have reasonable suspicion.
-Unaccounted for personnel
-Known weapons
-Known safety hazards |
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Term
| List examples of tactical questions. |
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Definition
-What is your job on board?
-How long have you been on board?
-Where do you keep your things on board?
-What other vessels have you been on?
-What person/company hired you?
-Are you happy with your pay?
-Who owns the vessel?
-Do you know the other crew members?
-Who has the worst/best job on board? |
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Term
| Define: Custodial Situation |
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Definition
| Whether a reasonable innocent person in the suspect's position would feel a restraint on his/her freedom of movement to such an extent that it approaches a formal arrest. |
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Term
| What are the characteristics of a confined space? |
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Definition
-Space not designed for continuous human occupancy
-Limited or restricted means of entry and exit
-Limited means of ventilation |
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Term
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Definition
| Any space, other than a confined space, that is enclosed by bulkheads and an overhead. |
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Term
| State the parameters of the Gas-Alert Micro. |
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Definition
-Alarms when oxygen is below 19.5%
-Alarms when oxygen is above 23.5%
-Alarms when hydrogen sulfide limits are exceeded
-Alarms when carbon monoxide is exceeded
-Detects when atmospheric conditions exceed the lower explosive limits (LEL) of 10% |
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Term
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Definition
| The distance between the officer and the subject. |
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Term
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Definition
| The flight path of a bullet discharged from a firearm. |
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Term
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Definition
| The concept of keeping the subject "triangulated" between the officers. |
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Term
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Definition
| What you observe prior to, during, and after the boarding. Observations should be discussed during pre-boarding procedure, boarding procedures and during the debrief of the boarding. |
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Term
| Define: Cover and Concealment |
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Definition
| Cover is an area that the officer can hide behind which may stop a bullet. Concealment is an area that the officer can hind behind, but will not stop a bullet. |
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Term
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Definition
| The area in front of a door, window, or hatch where you are no longer behind cover or concealment which places an officer in immediate danger. |
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Term
| Define: Weapons Awareness |
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Definition
| The act of knowing where your weapon/muzzle is pointing at all times. |
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Term
| Define: Personal contact and Cover |
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Definition
| Contact is the officer who makes verbal, visual or physical contact with a subject. Cover is the officer who maintains overall cover of the situation. |
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Term
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Definition
| A crushing and passing of the hands over the outer clothing of a person in search for weapons, when an officer suspects an individual may have a weapon that poses a threat to the boarding team or others. |
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Term
| Define: Search Incident to Arrest |
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Definition
| A detailed "crush and feel" search of an arrested person, a thorough search of their outer clothing and a search of the area in the immediate control of the arrestee. |
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Term
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Definition
| A search that involves the intrusive removal of clothing and may be as extensive as a visual examination of the nude body. |
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Term
| Define: Body Cavity Search |
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Definition
| A search that involves the visual or physical examination into a person's body cavity. |
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Term
| Identify the regulated firearms under 26 USC 5861(d). |
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Definition
-Firearm capable of automatic fire
-Shoulder fired weapons less than 26 inches overall
-Short barreled rifles (Less than 16 inches)
-Short barreled shotguns (Less than 18 inches)
-Firearms with mufflers or silencers
-Firearms considered "any other destructive device" |
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Term
| What are the legal requirements to lawfully posses a regulated firearm? |
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Definition
| BATF Form 4 (5320.4)- The application for Tax Paid Transfer and Registration of a Firearm |
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Term
| What are the 9 prohibited persons under 18 USC 922(g)? |
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Definition
1.Convicted of a felony (other than white collar crimes)
2.Fugitive from justice
3.An unlawful user of or addicted to a controlled substance
4.Dishonorably discharged from the U.S. military
5.Adjudicated as being mentally incompetent
6.Has renounced U.S. citizenship
7.Illegal alien
8.Subject to a restraining order by a partner or child of an intimate partner
9.Convicted of a misdemeanor crime of domestic violence |
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Term
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Definition
| The rule permitting a law enforcement officer, who is otherwise lawfully present in an area, to seize an item that is readily apparent as evidence. |
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Term
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Definition
| A voluntary agreement between the boarding officer and person with control over a space to allow a search of that space. |
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Term
| Define: Reasonable Suspicion |
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Definition
| The belief by a reasonable and prudent person, based on articulable facts, that something has happened. |
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Term
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Definition
| The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances to believe a crime has been committed. Probable cause is a judgement call made by a LE officer based on the totality of the circumstances, including the officer's training, experience, and analysis of the situation. |
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Term
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Definition
| An entry or intrusion by an agent of the government on a quest for evidence into an area where a person has a reasonable expectation of privacy. |
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Term
| Define: Two Prong Test for Privacy |
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Definition
-Is there an expectation of privacy by a person in the place where he/she is or controls?
-Is that expectation reasonable? |
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Term
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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. |
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Term
| Define the elements of: Pursuit Ashore |
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Definition
-The BO has probable cause to believe that a person is committing or has committed a federal felony rendering that person subject to arrest.
-The person flees ashore from CG pursuit.
-Shore-side LE personnel are not present, or have insufficient capacity to pursue and specifically request CG assistance.
-The BO is accompanied by another BO or BTM.
-The pursuit ashore of the person fleeing can be initiated immediately, maintained continuously, and completed expeditiously. |
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Term
| Name the four elements to an arrest. |
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Definition
| Authority, Intent, Knowledge and Compliance |
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Term
| When is an LE case package required? |
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Definition
-Seizure of a vessel, evidence or contraband
-Arrest of person(s)
-Detention of persons for further transfer to another LE agency
-Recovery of jettisoned contraband when apprehension of the vessel and/or crew is likely or known. |
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Term
| When are Use of Force Reports required? |
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Definition
-Must be submitted within 30 days
-Firearm discharge in the line of duty
-Level 3 or higher is used except normal application of restraint devices
-Whenever any tactic higher than Step II is used to stop a non-compliant vessel.
-Whenever any other incident involving the use or potential use of force is deemed noteworthy by the CO/OIC. |
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Term
| When are LE SITREPS required? |
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Definition
-Submitted within 24 hours of taking LE action
-Incidents requiring inter-agency coordination
-For any arrest or vessel seizures
-For drug interdiction cases meeting FDSS
-For drug seizure cases not meeting FDSS
-For the interdiction of illegal immigrants
-For discovery of contraband where the source is not determined
-For all fisheries violations including EEZ
-For any other LE case or activity of interest |
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Term
| What is the Homeland Security Advisory System? |
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Definition
HSAS
Low = Green
Guarded = Blue
Elevated = Yellow
High = Orange
Severe = Red |
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Term
| What is the Maritime Security Level System |
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Definition
MARSEC
Marsec 1 = Baseline (HSAS level green, blue, yellow)
Marsec 2 = Increased (HSAS level orange)
Marsec 3 = Most Focused (HSAS level red) |
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Term
| What are the four elements of a Security Boarding? |
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Definition
-Verify Notice of Arrival(NOA)information
-Ensure the ship & crew are operating consistently with the stated purpose of the voyage, industry norms, and federal law
-Investigation of any intelligence and/or LE information related to the vessel and/or crew.
-Collection of information intended to assist the Captain of the Port in deciding whether to permit the vessel to enter or leave the port |
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Term
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Definition
| Any person who is secreted on a ship or in cargo which is subsequently loaded on the ship, without the consent of the ship's owner or the master or any other responsible person and who is detected on board the ship after it has departed from port, or in the cargo while unloading it in the port of arrival. |
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Term
| Define: Security Boarding |
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Definition
| An examination by an armed boarding team of a vessel (including the cargo, documentation, and persons aboard), arriving at, departing from, or operating in a U.S. port, to deter and prevent acts of terrorism and/or transportation security incidents, destruction, loss or injury from sabotage or other subversive acts. |
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Term
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Definition
| A crew-member that is authorized by Customs to enter but upon entry remains illegally in the U.S. |
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Term
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Definition
| An inadmissible crew-member that gains or attempts to gain illegal entry into the U.S. |
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Term
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Definition
| Any structure or facility of any kind located in, on, under or adjacent to any water subject to the jurisdiction of the U.S. and used, operated or maintained by a public or private entity including any contiguous or adjoining property under common ownership or operation. |
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Term
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Definition
| BO's may stop a person on a facility temporarily to investigate if the BO has a reasonable suspicion based on specific and articulable facts which leads him/her to believe that a federal crime has bee, is being or about to be committed. |
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Term
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Definition
| Allows members of the CG, in the performance of official duties, to carry firearms ashore and, while at facilities, to make a warrantless arrest for any offense against the U.S. committed in their presence and to seize property as otherwise provided by law. |
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Term
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Definition
Assault on a federal officer:
Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with an officer or employee of the U.S. when such officer is engaged in or on account of the performance of official duties. Any person shoreward of 12NM from the baseline; Felony |
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Term
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Definition
Assault within the SMTJ
Any person who unlawfully assaults another person, within the SMTJ, felony occurs when there is intent to murder, rape or inflict serious bodily harm with or without a dangerous weapon. |
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Term
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Definition
Obstruction of Revenue Officers
Master of any vessel obstructs, hinders, or intentionally causes an obstruction or hindrance to any law enforcement officer enforcing revenue or navigation laws. Master of any vessel shoreward of 12NM of the baseline. (master refuses to stop a vessel and maneuvers away) |
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Term
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Definition
Exporting/Importing Monetary Instruments
Any person knowingly transports monetary instruments of more than $10,000 at one time into or out of the U.S. without declaring with U.S. Customs. Any person shoreward of 12NM from the baseline. |
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Term
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Definition
Seizure and Forfeiture of Vessels
It is unlawful for any vessel to be built, purchased, fitted out in whole or in part, or held for the purpose of smuggling into the U.S. or defrauding the revenue. Any vessel shoreward of 12NM from the baseline. |
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Term
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Definition
Firing or Tampering with a Vessel (Scuttling)
It is unlawful for any person to set fire to any vessel or cargo, place bombs or explosives on such vessel, or tamper with the motive power or instrumentalities of navigation of such vessel; or do any other act to or upon such vessel with intent to injure or endanger safety of the vessel, cargo or persons on board. Any U.S. person and to any person shoreward of 12NM from the baseline. |
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Term
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Definition
Bribery of a Public Official
Any person directly or indirectly gives, offers or promises anything of value to any public official with intent to influence any official act. Any U.S. person and any person shoreward of 12NM from the baseline. |
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Term
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Definition
Theft within the SMTJ
It is unlawful under the SMTJ for any person to take/carry away with intent to steal the personal property of another. Any person within the SMTJ. Felony occurs if the value of the property taken exceeds $1,000 or if it was taken directly from the person of another. |
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Term
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Definition
National Stolen Property Act
Any person transports in interstate or foreign commerce goods, wares, merchandise, or securities having a value of at least $5,000 knowing the same to be stolen. Any U.S. person and any person shoreward of 12NM from the baseline. |
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Term
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Definition
Bringing in and Harboring Certain Aliens
It is unlawful for any person knowingly, or in reckless disregard of, the fact that an alien has not received prior official authorization to come to, enters, or resides in the U.S. to bring or attempt to bring such alien to the U.S. |
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Term
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Definition
Maritime Drug Law Enforcement Act
An individual may not knowingly or intentionally manufacture, distribute or posses with intent to manufacture or distribute, a controlled substance aboard a vessel of the U.S. or a vessel subject to the jurisdiction of the U.S. or any vessel is the individual is a citizen of the U.S. or a resident alien of the U.S. |
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Term
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Definition
Simple Possession
It shall be unlawful for any person, knowingly or intentionally, to posses a controlled substance unless such substance was obtained directly from or pursuant to a valid prescription or order from a practioner while acting in the course of his or her professional practice, or except as otherwise authorized by law. Any person 3NM shoreward of the baseline is a misdemeanor and if it's the individuals first offense. |
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Definition
Possession Aboard Vessels Arriving or Departing the U.S.
It is unlawful for a person to bring or posses on board any vessel or aircraft, or on board any vehicle of a carrier arriving in or departing from the U.S. or the customs territory of the U.S. a controlled substance. Unless such substance or drug is part of the cargo entered into the manifest or a part of the official supplies of the vessel, aircraft or vehicle. Applies at the 3NM & 12NM lines. Misdemeanor for first offense. |
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Definition
Stowaways
It is unlawful for any person, without the consent of the owner, master, or person in charge of a vessel, with intent to obtain transportation, to board, enter, or secret themselves aboard such vessel and either remain aboard after such vessel departs a U.S. port or remain aboard when such vessel has departed a certain place and subsequently enters an area shoreward of 12NM from the baseline. |
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Definition
False Distress
Any person knowingly and willfully communicates a false distress message to the CG or causes the CG to attempt to save lives and property when no help is needed. Any U.S. person and any person shoreward of 12NM from the baseline. |
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Term
| Define: 46 USC 8103(a)(e) |
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Definition
Command of U.S. Vessel by an Alien
Any person who employs a person not a citizen of the U.S. as master, chief engineer, radio officer or officer-in-charge of a deck watch or engineer watch on a U.S. documented vessel. Any person in all places. |
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Definition
Crew Requirement Rule
Any person who employs on a vessel engaged in fishing, persons as unlicensed seamen who are not:
1. U.S. citizens
2. Lawful resident aliens
3. Aliens allowed to be employed under the Immigration and Nationality Act or
4. Aliens allowed to be employed under the laws of the commonwealth of Northern Mariana Islands if the vessel is permanently stationed at a port within the CNMI. 25% of the crew can be employed an non U.S. citizens. Any person within the U.S. EEZ and shoreward of 12NM from the baseline. |
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Definition
Obstruction of a Boarding
It is unlawful to intentionally and forcibly resist, oppose, prevent, impede, intimidate or interfere with a boarding or other law enforcement action authorized by any federal law or to resist a lawful arrest. Any person on board a vessel of the U.S., or a vessel subject to the jurisdiction of the U.S. |
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Term
| Define: 18 USC 2237(a)(2)(b) |
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Definition
Providing False Information
It is unlawful to intentionally provide materially false information to a federal law enforcement officer during a boarding of a vessel regarding the vessel's destination, origin, ownership, registration, nationality, cargo, crew. For any person on board a vessel of the U.S. or a vessel subject to the jurisdiction of the U.S. |
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Term
| Define: 18 USC 2237(a)(1) |
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Definition
Failure to Heave To
It is unlawful to knowingly and intentionally fail to obey an order issued by an authorized federal law enforcement officer to heave to that vessel. Any master/operator/person in charge of a vessel of the U.S. or a vessel subject to the jurisdiction of the U.S. |
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Definition
Piracy
It is unlawful for any crew or passenger of any vessel to conduct unlawful acts of violence, detention or depredation for private ends against another ship. Any person in international waters. |
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Definition
Destruction
Any person before, during, or after an authorized seizure of property, in order to prevent seizure of such property; staves, breaks, throws overboard, destroys, or removes such property. Any U.S. person and any person shoreward of 12NM from the baseline. |
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Definition
Slavery
Any citizen or resident alien of the U.S., an crew-member of a foreign vessel, or any crew of a vessel of the U.S. who forcibly brings, carries, receives, confines, detains, or transports any person as a slave aboard such a vessel; offers or attempts to sell any such person as a slave, transfers or delivers onshore from such vessel any person with intent to sell, or having previously sold such person as a slave. |
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Term
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Definition
| 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 issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
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Term
| Describe the Deadly Force Triangle |
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Definition
Three sides
-Subject's actions
-Weapon
-Opportunity
-Unrestricted access
-Maximum effective range |
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