Section 1
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International waters
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Last updated
7 years ago
Date created
Mar 1, 2020
Cards (92)
Section 1
(50 cards)
International waters
Waters seaward of the outer limit of the territorial sea of any nation
Substantive Law
Prohibits certain action or requires affirmative conduct
Deadly force situations
Individual self defense Lawful arrest or prevention of escape Protection of property vital to national security or inherently dangerous to others Protection or hazardous materials or deadly weapons Vessel on vessel situations Airspace security
Plain view discovery
Must be legally present in space Item must be immediately apparent as evidence
Customs Waters
Waters shoreward from 12 nm from the baseline and internal waters
internal waters
Waters shoreward of baseline
High seas
Waters seaward of eez to seaward edge of territorial sea
Use of force guiding principle
Only that force reasonably necessary under the circumstances may be used. Excessive force may never be used. Force should not be used where assigned duties can be discharged without it
Reasonable expectation of privacy
Is there an expectation of privacy by a person in a space they control Is that expectation reasonable
Navigable waters of the us
Waters shoreward of 12 nm from baseline, internal waters subject to tidal influence, that are or have been used for or are susceptible to commercial use
Use of force policy
Chapter 4 mlem
Search
An intrusion or entry by government agent on a quest for evidence in an area where a person has a reasonable expectation of privacy
Inspection
A systematic process to ensure compliance with government regulations
14 USC 1
Established CG as armed service
Foreign territorial sea
Waters within a belt that is adjacent to a foreign nations coast
Jurisdiction
Governments power to exercise legal authority over its persons, vessels, and territory
Baseline
Low mean waterline along coast
Frisk
Crushing and passing over outer clothing in search of a weapon
Rights advice
Given when questioning is likely to elicit an incriminating response
Jurisdictional triangle
Substantive law Location Vessel status/flag
Right of visit
Go onboard
Fourth Amendment
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 warrant shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be secured and the persons or things to be seized
14 USC 143
Officers, warrant officers, and petty officers are customs officers
non deadly force
Individual self defense Compel compliance to an order CG has authority to issue Prevent a federal crime Affect a lawful arrest or prevent escape Prevent theft of, intentional damage to, or destruction of property Enforce an order to evacuate a vessel subject to us jurisdiction when a true life threatening emergency exists
Body cavity search
Visual or physical exam into body cavity
Customs boarder search
Performed by customs officer Searching for merchandise At boarder or functional equivalent of the boarder
Vessel status
Us Foreign Without nationality Assimilated to or treated as one without nationality
19 USC 1581
Authorized customs officers to perform boardings, examine docs, inspect/search vessels and use all force necessary to compel compliance
4 fundamental elements of CG authority
Maritime LE, Customs, PWCS, Assistance
Consent search
Voluntary agreement between bo and a person with control over a space to allow a search of that space
Exclusive state waters
Waters wholly within one state
SMTJ
High seas Us vessels in foreign waters Great Lakes Federal lands and reservations Lands or waters not within 50 states Territorial seas
14 USC 2
Statutory basis for CG LE
19 USC 1401
Defines customs officer
Vessel types
Commercial Recreational Government owned, non commercial Warships
Search incident to arrest
Search following arrest searching for weapons, evidence, or means of escape
probable cause
Level of suspicion that would cause a reasonable and prudent person given overall circumstances to believe a crime has been committed
strip search
Intrusive removal of clothing, visual exam of nude body
14 USC 89a
Established what the scope of our authority allows us to do. Who: commissioned officers, petty officers, warrant officers What: seasii Where: upon high seas and waters that the us has jurisdiction over and the vessel is subject to jurisdiction or to the operation of any law of the us Extent: use all force necessary to compel compliance
Contiguous Zone
Waters adjacent to and seaward of the territorial sea and extending to 24 nm from the baseline
Authority
The government's legal power to act
Custodial situation
A reasonable innocent person in the suspects position would feel a restraint on their freedom of movement that approaches formal arrest
reasonable suspicion
Belief by a reasonable and prudent person that something has happened
Attack Triangle
Weapon Delivery system Subjects actions
Right of approach
Go alongside for information
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Us territorial sea
Waters 12 nm wide adjacent to coast, seaward of baseline
Exclusive Economic Zone
Waters beyond and adjacent to the territorial sea not extending beyond 200 nm from the baseline
Sovereign immunity
Warships, government aircraft, and other government vessels or aircraft on non-commercial service have sovereign immunity and are only subject to the jurisdiction of the flag state. The only action to be taken with these vessels is requiring such vessel to leave coastal state internal waters or territorial seas.
force majeure
A vessel that is forced in to coastal state waters by virtue of distress, whether brought about naturally or by man-made causes. A vessel may enter internal waters or territorial seas without becoming subject to that flag states jurisdiction. However, CG may board the vessel to verify a claim of force majuere. Vessel remains under COTP authority.
Section 2
(42 cards)