Boarding Officer

Authority is the governments legal power to act.

• 1. Maritime Law Enforcement (14 USC 2, 14 USC 89a)
• 2. Customs (14 USC 143, 19 USC 1401, 19 USC 1589a)
• 3. PWCS (Maritime Transportation Security Act, 50 USC 191-195, 33 CFR 6, 33 USC 1226, Homeland Security Act, CG and Maritime Transportation Act of 2004)
• 4. Assistance (14 USC 141)
• 5. CGIS (14 USC 95)

• 14 USC 2
• USCG 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 US.

The CG may make inquiries, examinations, inspections, searches, seizures and arrest upon the high seas and waters over which the US has jurisdiction for the prevention, detection and suppression of violations of laws of the US. For such purposes commissioned, warrant and petty officers may at any time go onboard of any any vessel subject to the jurisdiction or to the operation of any law of the US, address inquiries to those on board, examine the ships documents and papers and examine, inspect and search the vessel and use all force necessary to compel compliance.

Laws passed by Congress are recorded in a set of books known as United States Codes. New USC laws cannot be enforced until new regulations are issued. Those regulations implement the USC laws and are recorded in a set of books known as Code of Regulations.

Provides the CG to take actions to prevent or respond to an act of terrorism against an individual, vessel or public or commercial structure that is subject to the jurisdiction of the US or an individual onboard 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

Jurisdiction is the governments power to exercise its legal authority over its persons, vessels and territory.

Substantive Law-one that prohibits a certain act or requires affirmative conduct (vessel safety laws, fisheries laws, criminal laws)

Vessel Status/Flag-US, Foreign, vessel w/o nationality, vessel assimulated to one w/o nationality

Location

Generally the lowest low waterline along the coast

0-12nm seaward of the Baseline

12-24nm seaward of the baseline

Waters shoreward of the Baseline

• Waters shoreward of the Territorial Seas
• (Includes Territorial Seas and Internal Waters)

12-200nm seaward of the Baseline

200nm seaward of the Baseline to Foreign TTS

12nm seaward of the Baseline to Foreign TTS

Waters solely within any state.

• High Seas
• US Vessels in Foreign TTS
• Great Lakes
• Federal Reserves (TRACEN Cape May)
• Land/Water possessions of the US not within the 50 states (US VI and PR)
• Territorial Seas

12nm seaward from a foreign country

Warships and all other government vessels on non-commercial service

When a vessel is is forced into coastal state waters by virtue of distress whether brought about by natural or man made causes.

The right of non-interference for a vessel transiting inbound, outbound or through a foreign TTS. In order for a vessel to enjoy this exemption it must be engaged in passage that is innocent . Passage means a continuous and rapid transferring of the TTS but may include anchoring in the course of ordinary navigation. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state.

The right on non-interference for a vessel to transit through a foreign TTS that comprises an international strait used for navigation between areas of international waters. In such straits vessels may generally operate w/o restriction provided that there transit is continuous and expeditious. The passage may include anchoring in the course of ordinary navigation. The US may not exercise is authority over FFV engaged in transit but may impose restrictions related to navigational safety; the prevention, reduction and control of pollution, fishing, and the loading and unloading of any commodity, currency or person in contravention of any fiscal, immigration, sanitary or customs laws and regulations.

Article 110 of the Laws of the Sea Convention, The right of warships and other duly authorized vessel 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.

Under International Law a warship military aircraft or other duly authorized vessel may approach in international waters any vessel other than a warship or government vessel on non-commercial service to verify its nationally. In order to determine the vessel's nationality the unit shall ask the Right of Approach questions in Appendix G.

Only that force necessary under the circumstance may be used. Force shall not be used where the assigned duties can be discharged without it. Excessive force may never be used; however, nothing in the application of the CG UOF Policy shall be construed as to require personnel to meet force with equal or lesser force.

Only when the officer has reasonable belief that the subject of such force poses an imminent threat of death or serious physical injury to the officer or to another person.

• Self
• Unit
• National

Any force that is likely to cause death or serious physical injury.

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 facility.

• Self Defense
• Lawful Arrest and Prevention of Escape
• Protection of Property
• Protection of HAZMAT or deadly weapons
• Deadly force in VoV situations
• Deadly Force and airspace security

A subject who follows the officer's verbal request and task direction.

A subject who does not follow the officer's verbal requests or task direction but offers no physical resistance to the officers attempt to gain control.

A subject who does not follow the officer's verbal request or task direction and offers physical resistance that prevents or may prevent the officer from gaining control but does not try to harm the officer.

A subject that attempts to harm or attack the officer.

• Individual or unit self defense
• To compel compliance for an order the CG has authority to issue
• To prevent a federal crime or where authorized, a serious state or foreign crime for which the CG has authority to act on behalf that state or foreign government
• To effect an arrest or prevent an escape when there is probable cause that the suspect committed a federal crime.
• To prevent theft or intentional damage to or destruction of property that the CG has authority to protect.

An armed intervention aboard a vessel to prevent, detect and suppress violations of law

Is a quick and limited protective inspection of a vessel for boarding team safety

Part of the protective sweep of a vessel for the safety of the boarding team but is more focused. An EISS may be conducted only when reasonable suspicion exists that there is a particular hazard that may threaten the boarding team.

Machine guns, short barreled shotguns and rifles, mufflers or silencers, destructive devices and other misc weapons

• Application for Tax Paid Transfer and Registration of Firearm
• not required to be with weapon

• Application to Transport Interstate or to Temporary Export Certain National Firearms Act Firearms
• Not required to be with weapon

Spaces not designed for continuous human occupancy, limited or restricted means of entry and exit, limited means of ventilation.

Any space other than a confined, that is enclosed by bulkheads and an overhead.

• Certified Marine Chemist
• Industrial Hygienist 
• Designated Competent Person
• CG Gas Free Engineer

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 be 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.

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property w/o due process of law; nor shall private property be taken for public use w/o just compensation.

An entry or intrusion by a government agent on a quest for evidence into an area where an individual has a reason expectation of privacy.

• Is there an expectation of privacy by a person in the place where he/she controls?
• Is that expectation reasonable?

The belief by a reasonable and prudent person based on articulable facts that something has happened.

The level of suspicion by a reasonable and prudent person given the overall circumstances to believe that a crime has been committed.

• The crushing and passing of the hands over the outer clothing of a person in search of weapons.
• Reasonable Suspicion needed
• Terry v. Ohio

• A detailed crush and feel search of an arrested individual's person and thorough search of the outer clothing  in search of weapons, evidence and means of escape
• Probable Cause needed

Detention of a person is the temporary limitation of that person'e freedom of movement.

• Boarding Officers Authority
• Boarding Officers Intent
• Subjects Knowledge
• Subjects Compliance

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.