Boarding officer questions

Security Boarding/ Positive Control, HCPV Escorts, LE Ashore Patrols.

• A “security boarding” is an examination by an armed boarding team of a vessel (including the cargo, documentation, and persons onboard), including vessels of interest (VOI) designated by the COTP, arriving or departing at a U.S. port, to deter acts of terrorism and/or transportation security incidents.
• Security boardings include, but are not limited to:
• • Verification of the information submitted in the Notice of Arrival (NOA).
• • Ensuring that the ship and crew are operating consistent with the stated purpose of the voyage, industry norms, and federal law and regulations.
• • Investigation of any intelligence and/or LE information related to the vessel and crew.• Collection of information intended to assist the COTP in deciding whether to permit the vessel to enter or leave port.

A vessel coming onto a U.S. port with very little threat from the ship, crew, or cargo. The vessel is picked randomly and boarded for the safety of the ship, crew, cargo and U.S. port.

High Interest Vessels are vessels that may pose a security risk to the United States and/or U.S. ports. A risk based targeting matrix is used to assist Coast Guard field units in determining which vessels should be designated as a HIV

Concurrent with or upon completion of a security boarding, armed boarding team members may take up positions aboard the vessel to deter, detect, prevent, and respond to acts of terrorism and/or transportation security incidents. Accordingly, boarding team personnel may provide security for the bridge navigation team, pilot, steering and propulsion equipment, pump room of tank ships, and other areas and persons vital to the positive control of the vessel. Boarding team personnel may also provide a point-defense capability against external threats.

Generally, the low tide mark along the coast.

• Domestic law purposes: Area extending from the baseline to a line parallel to and three miles seaward from the baseline
• International law purposes: Area extending from the baseline to a line parallel to and twelve miles seaward from the baseline. (proclaimed by Executive Order on 28 Dec 1988)

Area extending from the 12-mile international territorial sea seaward to 24 nautical miles

(1) Extends from the baseline seaward for twelve miles, and (2) Internal waters with ready access to the sea.

Waters extending seaward of a nation’s Territorial sea to the Territorial sea of another nation. (Note: if nation claims EEZ, then High Seas extend seaward of the EEZ)

All waters shoreward of the baseline. (Note: this is not the same as inland waters)

Area extending from the baseline seaward 200 miles

Internal waters subject to tidal influence

All waters on the U.S. side of the Great Lakes are considered to be Territorial sea for law enforcement purposes

Internal waters wholly within a single state. (lakes sharing a common boundary are subject to federal jurisdiction)

Federally owned lands and waters.

The Territorial Sea and Internal Waters of another nation as recognized by the U.S.

The Boarding Officer is solely responsible for the planning and execution of a boarding. The BO is responsible for the case package completion, MISLE entry and Ride Log Entry, as well as any follow up emails. The BO may delegate

The bar pilot should be checked periodically to ensure that the boarding team has sufficient time to arrive at the office and prepare for the boarding. The Boarding Officer should check the Barcon, the arrival port, and the time

The Barcon determines if and where we would board a vessel. If the Barcon is green, vessels are boarded at the Sea Buoy. If the Barcon is yellow, only HIV vessels may be boarded at the sea buoy and only with Bar Pilots authorization. All other vessels are boarded at the Golden Gate Bridge. If the Barcon is red, boardings will not be conducted due to safety reasons

The report time to the office is normally 4 hours prior to the arrival of the vessel

The baseline is the line that extends from the farthest point of land on the north and south side of the Bay opening.

The blue light is used as a deterrent in high traffic areas and is one of the cutter’s primary tools when enforcing a security zone. If there is no vessel traffic, no security zone, and the light is bothering the pilot, a request to extinguish the light may be passed to the cutter/small boat by the Boarding Officer. The cutter will then relay the request to the SCC for the CO’s approval.

Authority is the government’s legal power to act.

The primary duties of the United States Coast Guard to enforce all applicable Federal laws on the high seas and waters subject to U.S. jurisdiction and function as a specialized service in the Navy in time of war, etc.

Under 14 USC 89(a), Commissioned Officers, Warrant Officers, Petty Officers, Reservists on orders, and officer candidates with prior enlistment 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. (SEASII)

High Seas, Waters Subject to U.S. Jurisdiction, On board Foreign Vessels in waters Subject to U.S. Jurisdiction, On board U.S. Vessels anywhere except Exclusive State Waters and Foreign Territorial Seas, Ashore Provided that the subject is fleeing from one of the above

• 14 USC 143 establishes Coast Guard Petty Officers, Warrant Officers and Commissioned Officers as Customs Officers. 19 USC 1581(a) grants the above the following authority:
• • Authority to board vessels
• • Examine the manifest and other documents and papers
• • Examine, inspect and search the vessel, including every part, any
• person, trunk, package, or cargo onboard
• • May hail and stop such vessel
• • Use all necessary force to compel compliance
• • Carry a firearm • Make an arrest without a warrant

Although all CG Boarding Officers are Customs Officers (by 14 USC 143) and therefore are granted the authorities provided by that law, policy dictates that prior to acting as a Customs Officer and executing a Customs Border Search, the COTP must receive a D11 SNO and shall coordinate any enforcement actions with the local CBP office. Requests by a Boarding Officer to conduct a Customs Border Search shall be relayed to the COTP through the SCC.

Under 14 USC 141, federal, state, and local agencies can request Coast Guard Law Enforcement assistance when Coast Guard facilities and persons are especially qualified to perform a particular activity. 14 USC 141 also authorizes other agencies to assist the Coast Guard in the performance of any duties.

The Ports and Waterways Security Act authorizes the USCG to take action to prevent or respond to acts of terrorism in the marine environment.

33 CFR 6 (Super 6) authorizes the Captain of the Port to establish security zones, issue orders, inspect and search any vessel, waterfront facility, security zone, person, article, or thing therein or thereon, place guards, and remove unauthorized person, article or things there from the COTP deems such an action necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the U.S. or to secure the observance of the right and obligations of the U.S.

33 CFR 165.1183 states that all waters, extending from the surface to the sea floor, within 100 yards ahead, astern and extending 100 yards along either side of any cruise ship, tanker or HIV that is underway, anchored, or moored within the San Francisco Bay and Delta port areas shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9' N, 122°35.4' W and 37°46.5' N, 122°35.2' W, respectively) are security zones.

According to 33 CFR 1.01-90, any commissioned, warrant, or petty officer of the United States Coast Guard may be authorized to carry out the functions delegated to superior officials under33 CFR within the jurisdiction of the cognizant official. They will do so under the supervision and general direction of that official. In short, a Boarding Officer’s authority under the COTP is limited to exactly what the COTP delegates.

Jurisdiction is a government’s power to exercise authority over its persons, vessels, and territory.

• Substantive Law
• Location
• Flag/Vessel status

Commercial, Private/Pleasure, Government Owned, Warship

Warships, military aircraft, and other government vessels or aircraft on non-commercial service have sovereign immunity and are subject only to the jurisdiction of the flag State. The only action that may be taken, with respect to a sovereign immune vessel engaged in activity that would otherwise be an enforceable violation of U.S. law or international law, is requiring such vessel to leave coastal State internal waters or territorial sea. Such vessels and the persons aboard them may not be boarded, searched, seized, or arrested under any circumstances.

BO request to SCC, SCC briefs to COTP, COTP requests SNO from D11, result is given back to BO through COTP and SCC.

A PD27 is a SNO. This type of SNO is used to board Foreign vessels on the high seas, the process starts the same way as a regular SNO but after it get to a Flag Officer from that District he then sends the request to Headquarters (the Commandant), who in turn submits the request to the State Department (at this point it turns into a PD27, Presidential Directive 27), who then requests the Statement of No Objection from the Government of that Foreign country to which that vessel is registered in. Then the answer comes back down to the BO in the opposite manner.

In general, vessels (or aircraft) without nationality, and those assimilated as such, are subject to the jurisdiction of any nation. However, the location of the vessel may impose restrictions and/or limitations on U.S. jurisdiction.

A vessel assimilated to one without nationality is treated as if it had no nationality because of a false or conflicting claim of nationality

• The Fourth Amendment protects U.S. persons and foreign persons in U.S. territory from searches that unreasonably interfere with a person’s reasonable expectation of privacy, and thus applies to inspections conducted to ensure compliance with governmental regulations.
• Properly conducted vessel inspections are fully consistent with Fourth Amendment standards in that they:
• • Are limited in scope;
• • Are not searches for evidence of criminal violations;
• • Serve an important public interest; and• Involve lesser expectations of privacy than searches for evidence of criminal activity (i.e., mariners are on notice that vessels are subject to inspection through issuance of regulations and publication of informational materials).

• 1) an intrusion, or entry
• 2) by an agent of the government
• 3) on a quest for evidence
• 4) into an area where an individual has a reasonable expectation of privacy.

Private and common.

A common space is a space controlled by more than one person and has no reasonable expectation of privacy.

A private space is a space controlled by one person and has a reasonable expectation of privacy

• A space with one or more of the following characteristics:
• Toxic or flammable gases and fumes or vapors are or may be present.
• Oxygen is or may be below 19.5% or above 22%.
• Entry or egress is limited. Examples include narrow passages, only one exit, or obstructing equipment.
• Typical shore locations are manholes, sewage lift stations, pressure vessels, fuel facilities, out-of-water buoys or small boats, and some excavations.
• Typical marine, afloat and shipyard locations are voids, chain lockers, holds and tanks

Boarding Team Members do not enter!

Determine source while maintaining ALARA (keep exposure As Low As Reasonably Achievable). Record findings and continue operations

SMAC (Stop, Move away, Close off). Request Level II support if other than approved shipment, Alert and Close off)!

Determine source while maintaining ALARA(keep exposure As Low As Reasonably Achievable). Continue boarding absent other indicators

SMAC! Secure situation and request Level II support

• 1. Is there an expectation of privacy?
• 2. Is that expectation reasonable?

When the person controlling the space voluntarily gives permission to search.

The limits are what ever the controlling person defines, and the search ends when the person revokes consent.

The level of suspicion which would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been committed

The belief by a reasonable and prudent person based on articulable facts that something has happened; for example, criminal activity is afoot, or a particular condition exists. Reasonable suspicion is a comparatively lower standard than probable cause, but rises above mere suspicion.

The rule of evidence that permits a law enforcement officer, who is lawfully present in an area, to seize an item that is readily apparent as evidence.

The two elements that must be present for a plain view discovery are 1) the officer must be legally present in the space where the objects are found AND 2) it must be immediately apparent that the objects are evidence.

Reasonable Suspicion that the person has a weapon on them.

SIA’s are conducted when an individual is arrested, and since PC is needed to arrest someone, PC has been reached when conducted an SIA.

Reasonable Suspicion that the individual is secreting a weapon against their skin. A D11 SNO is required prior to conducting a Strip Search.

Reasonable Suspicion that the individual is secreting a weapon in a body cavity. A D11 SNO is required prior to conducting a Body Cavity Search.

A special type of search, conducted pursuant to customs authority, of a vessel and persons onboard at the U.S. border (or functional equivalent of the border (FEB)) to enforce U.S. customs laws. A Customs Border Search must be coordinated with the local CBP office, receive a D11 SNO, and shall be “reasonable and non-destructive” in nature.

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.

Authority, Intent, Knowledge, Compliance

Probable Cause.

Rights Advice.

D11 SNO.

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

You can easily “un-detain” someone, but you can not “un-arrest” someone.

The 5th Amendment protects people from self incrimination

• Rights advice need not be given to a suspect in custody if the suspect is not subjected to interrogation. Interrogation includes any questions, statements or actions reasonably likely to elicit an incriminating response. Rights advice should be given if the suspect (any individual, irrespective of status or citizenship) in custody is questioned about any illegal activity. Until rights advice has been given to the suspect, then any of the suspect’s answers, which may tend to incriminate the suspect, may not be used in court. Rights advice should always be provided if a suspect desires to confess. A sample rights advice form is included
• in Appendix E of this manual (see Figure E-18). Figure 9-3 in the Maritime Counter Drug and Alien Migrant Interdiction Operations, COMDTINST M16247.4 (series)/NWP 3-07.4,is cancelled.

Are they in a custodial situation? Are they being interrogated?

Questions that are of an incriminatory nature. Questions that will lead to an individual incriminating themselves or others.

Verbatim from the bojak

To prevent, detect, and deter acts of terrorism, maritime transportation incidents, other nefarious acts, and to show CG presence in the bay.

ODU uniform with gun belt and body armor.

Ferry crews operate as normal.

Conduct pre-boarding briefs, communications schedule, post boarding reports, etc.

Setting up the launch, informing the team, pre boarding brief to SCC and cutter, etc, etc. I’ll leave it up to you to flesh out this portion and the ferry procedures portion.

• Alpha – all team members muster on the bridge ASAP.
• X-Ray – all team members prepare for emergency egress.Upon hearing Alpha or X-ray, the cutter will set their LE and Small Boat Bills and await further communications from the BO to determine further actions. If X-Ray is called, the cutter will launch the small boat and send it to the rear of the vessel to pull personnel out of the water.

The two top racks

Gear is to be taken off prior to sitting down to avoid tearing the chairs.

As neat as possible.

Pilots eat first as long as they are boarding first.

The issue should be passed up the chain of command immediately upon return to base.

• Assault on a Federal Officer
• Theft Within the SMTJ
• Transportation of Stolen Goods

• Firearms; Prohibited Acts
• Firearm; Serial Number and Transport Violations
• Firearms; Unlawful Acts

• Distribution of a controlled Substance, (MDLEA)
• Simple Possession
• Possession of Controlled Substance while entering or exiting the U.S.

• Obstruction of a Revenue Officer
• Seizure and Forfeiture of a Vessel
• Importing/ Exporting Monetary Instruments

• Bribery of a Public Official
• False Distress
• Failure to Stop

• Assault Within the SMTJ
• Scuttling
• Destruction

• Bringing in and Harboring Certain Aliens
• Stowaways
• Command of a U.S. Vessel by an Alien

• -Trafficking With Respect to Peonage, Slavery, Involuntary Servitude, or Force Labor
• -Crew Requirements
• -Failure to Heave To (Stop, slow, or alter course to facilitate a LE Boarding), Obstruction of a Boarding, Providing False Information During a Boarding.

International Waters include all waters seaward of the territorial sea, including the EEZ, high seas, and contiguous zone.

Diplomatic Immunity is any foreign national whose diplomatic status is recognized by the U.S., and whom immunity is granted, is exempt from USCG authority.

The three types of ID for Immunity are Diplomatic ID blue, Consular ID red, and Official ID green.

On the back of the ID’s you will find their immunity info

• The U.S. State Department issues these cards.
• Yes you can verify their status, by calling the number on back

• Innocent Passage is, under international law, the right of non- interference enjoyed by a foreign vessel engaged in non- threatening transit inbound, outbound or through a foreign territorial sea, provided the passage is innocent.
• There are specific Reasons that void Innocent Passage located on page 1-I-6 of the BO Course. Just look them over so you understand the meanings behind them. You do not have to know all of them verbatim

Force Majeure is the right of protection for a foreign vessel forced into coastal waters by virtue of distress, whether brought about by natural or man made causes. The vessel is generally exempt from coastal state jurisdiction during a reasonable period of time to remedy such distress; but a coastal state may board the vessel to verify the claim of Force Majeure.

Reasons that void Force Majeure are: the vessel was in the vicinity of the territorial waters with the intent to violate that nation’s law, or a vessel violates the nation’s law after it enters the territorial seas.

Hot Pursuit is an international doctrine, which allows pursuit and law enforcement actions against a foreign vessel beyond the coastal nation’s jurisdictional waters. Hot Pursuit typically exists when a foreign vessel suspected of violating U.S. law in waters subject to the jurisdiction of the U.S. is pursued onto the high seas. When hot pursuit is commenced the vessel is treated as if it was still in the location where the violation occurred.

Hot Pursuit Limitations are, you must at all times keep positive contact whether it be visual or by radar. Once you lose positive contact hot pursuit is no longer in effect.

Right of Approach is a doctrine, under international law, which allows warships and other duly authorized vessels or military aircraft in international waters to close on other vessels (except other warships) in order to: Identify their identity through questioning.

Right of Visit is a doctrine (under Article 110 of the Law of the Sea Convention) which allows warships and other duly authorized vessels or military aircraft in international waters to close on other vessels (except warships) in order to: Determine their nationality and identity, board those vessels suspected of: being stateless, being the same nationality as the warship, or engaged in piracy, engaging in slavery, or operating an illegal radio station.

Asylum is a specific legal status granted to persons requesting protection from persecution or torture who meet the definition of a refugee.

Refugee is someone who is outside of their country of nationality (or last country of residence if they have no nationality) and has a well founded fear of prosecution in that country on account of: race, religion, nationality, membership in a particular social group, or a political opinion.

Your Actions as a BO on a Request for Asylum are to immediately contact their unit and gather as much information as possible, protect subject if necessary until otherwise told by your command.

An inadmissible crewmember that gains or attempts to gain illegal entry into the United States.

Any person who is secreted on a ship without the consent of the ship’s owner or master or any other responsible person and who is detected onboard the ship after it has departed from port.

A crewmember that is authorized by Customs and Border Patrol to enter the U.S. but upon entry remains illegally in the United States.

Any activity that involves an act that is dangerous to human life or potentially destructive of critical infrastructure or key resources with intention to intimidate or coerce a civilian population or to affect the conduct of a government by mass destruction, assassination, or kidnapping.

A weapon that is regulated by the U.S Government and such firearms are illegal to own or posses, unless there is proper registration for the weapon. I.e. ATF Forms

• Own - ATF Form 4 (5320.4)
• Transport – ATF Form 20 (5320.20)

• Renounced US Citizenship
• Illegal Alien
• Convicted Felon (other than whit collar crime)
• Fugitive From Justice
• Dishonorable Discharge from the Military
• Restraining Order From A Loved One
• Deemed mentally Incompetent (by a Judge)
• Addicted to a Controlled SubstanceConvicted of Spousal Abuse

• Shotgun w/ a barrel under 18in or under 26 in overall
• Riffle w/ a barrel under 16 in or under 26 in overall
• Any Type of Silencer or Muffler
• Any Type of Machine Gun or Sub Machine Gun
• Any type of destructive device or incendiary deviceAny other type of miscellaneous weapons ( Rockets, bombs, etc.)

• H – High Seas
• U – U.S. Vessels
• G – Unenclosed Portions of the Great Lakes
• F – Federal Lands or Reservations
• L – Lands or Waters no within or between the 50 States
• T – U.S. TerritoriesThis is where the Coast Guard has authority and jurisdiction according to SMTJ

18 USC 7 - Special Maritime Territorial Jurisdiction which gives the Coast Guard jurisdiction over various waters, lands and objects.

Under International Law, vessels engaged in universal crimes such as piracy, transport of slaves, and unauthorized broadcasting may be subject to the jurisdiction of any nation. Foreign Flag Vessels require a Commandant SNO prior to any LE Action.

Doctrine of constructive presence allows a coastal State to exercise jurisdiction over a foreign flag vessel that remains seaward of coastal State waters but acts in concert with another vessel (contact vessel) or aircraft that violates coastal State laws in waters over which the coastal State may exercise jurisdiction. In order to exercise jurisdiction over a "mothership" located seaward of coastal State waters, the contact vessel must be physically present in coastal State waters or be subject to coastal State jurisdiction under the doctrine of hot pursuit. Once pursuit of the mothership has legitimately commenced, it may proceed until it ceases to be continuous or until the mothership enters foreign territorial waters. Cases potentially involving the doctrine of constructive presence can be complex and require a Commadant (G-O) SNO (with PD-27) prior to any LE Action.