Prep
14 USC 522 - authority for conducting a boarding - ✔✔'The Coast Guard may make inquiries,
examinations, inspections, searches, seizures, and arrests upon the high seas and waters over
which the United States has jurisdiction, for the prevention, detection, and suppression of
violations of laws of the United States'
Authority - ✔✔the government's legal power to act
jurisdiction - ✔✔the government's right to exercise a legal authority over its persons, vessels,
and territory
sources of coast guard law enforcement authority - ✔✔Maritime Law enforcement
Customs
Protection and security of vessels, harbors, and waterfront facilities
Assistance
CGIS
M.C.P.A
Master Chiefs Protect America
Nexus - ✔✔crossing of a border
Who has MLE authority - ✔✔coast guard commissioned officers, warrant officers, and petty
officers.
Includes reservists w/ orders.
,Non-rates act under authority of the Boarding Officer
where can Customs Authority be exercised - ✔✔Coast guard customs authority can be
exercised within customs waters, at the border, the Functional equivalent of the Border (FEB),
or the extended Border.
14 USC 99 - ✔✔grants certain coast guard authority to conduct law enforcement ashore while
at a governmenty facility
14 USC 141 - ✔✔authorizes the coast guard to provide federal, state, or local agencies law
enforcement assistance when CG facilities and persons are qualified
3 elements of jurisdiction - ✔✔substantive law - there must be a substantive domestic,
foreign, or international law that applies
vessel status/flag - coast guard may be able to claim jurisdiction over the type of vessel or flag
before legal authority can be exercised over that vessel
location - the allowable extent of US jurisdiction over a person or vessel is determined by the
character of the water in which they are located
jurisdictional locations - ✔✔baseline - low waterline along the coast
territorial sea - baseline to 12nm
customs waters - internal waters to 12nm
, contigous zone - 12nm-24nm, a buffer zone
EEZ (exclusive economic zone) - 12nm - 200nm
international waters - 12nm - foreign country border
high seas - 200nm - foreign country border
foreign territorial seas - up to 12nm
commandant's guiding principle - ✔✔Only that force reasonably necessary under the
circumstances may be used. excessive force may never be used.
3 types of self defense - ✔✔individual - the use of force to defend oneself or others from the
imminent threat of physical injury
unit - the act of defending a particular unit of US military forces or law enforcement agency
assets from imminent danger
national - defense of the US, US Forces, and, in certain circumstances, US persons and their
property, and/or US commercial assets from a hostile act or demonstration of hostile intent
Captain of the port - ✔✔captain DuFrane
0-6 or higher
types of flag status - ✔✔U.S. Flagged