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The captain of the port may cause a Boarding officer to inspect and search at any time, any vessel, waterfront facility, Security zone, or any person, article or thing thereon or therein within the jurisdiction of the US, and to remove there from any and all persons, articles, or things thereon or therein not specifically authorized by him to remain or go thereon or therein.
All piers, wharves, docks, or similar structures to which vessels may be secured and naval yards, stations, and installations, including ranges; areas of land, water or land and water under and in immediate proximity to them; buildings on them or contiguous to them and equipment and materials on or in them.
Any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the US and used, operated, or maintained by a public or private entity, including any contiguous or adjoining property under common ownership or operation.
Facilities, structures, systems, assets, or services so vital to the port and its economy that their disruption, incapacity, or destruction would have a debilitating impact on defense, security, the environment, long term economic prosperity, public health or safety of the port.
- Ports and waterways safety act/ Allows the Coast Guard to prevent or respond to acts of terrorism
- -What are the limitations: Inspections, port and harbor patrols, establishment of safety and security zones, develop contingency plans and procedures
- Maritime Transportation Security Act authorizes
- Authorizes members of the Coast Guard, in the performance of official duties, to carry firearms, and while at facilities make warrantless arrests for any offense against the U. S. committed in their presence and to seize property as otherwise provided by the law
Enforcement by state and local officers/ Any State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone or safety zone, if such violation is a felony; and the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation.
- A brief, temporary seizure of a person as part of an investigation to make a limited inquiry into possible criminal activity.
- -What is the scope: Limited to questions confirming or dispelling officer’s suspicion.
- -When does a terry stop turn into a custodial situation/interrogation: When evidence is found, or probable cause exists to arrest the subject.
What are the limitations/scope of a frisk while conducting Le ashore
- Limited to the subject being searched, and may be extended to the grab area.
- -What must be present to conduct one. Reasonable suspicion must be present that the subject may pose a threat to the boarding team.
- CDA shall only be used in areas where the boarding officer and team may lawfully be present
- -What criteria is involved: The boarding team has to have authorization to be present.
- Warrantless inspections of facilities to determine compliance with various statutes and regulations.
- -What is the scope: Highly regulated business, the inspection must be necessary to achieve effective regulation.
Difference between a inspection and a boarding
Inspections are conducted unarmed, are meticulous in nature, and require a high degree of specific training. A boarding is an armed examination of a vessel or facility, to deter acts of terrorism.
Who can request a search warrant to search a facility
- CGIS or other shore side law enforcement.
- -Can LE ashore boarding officers request one: No, unless exigent circumstances exist.
What authorities must be notified before a lawful arrest can be made on a facility
Identify what types of laws must be broken to conduct a lawful arrest on a facility by a boarding officer
- -When can’t a boarding officer ashore arrest: When a felony hasn’t happened
In what circumstances would a boarding officer detain instead of arresting a individual on a facility
When waiting for local law enforcement, or for the safety of t he boarding team.
- In a boarding officers presence a person is, or has committed a crime involving the use of force, where local law enforcement is not present.
- -How do they apply on a facility: If a subject has committed a felony and the Boarding team is the only law enforcement in the area.
Identify the Coast Guards policy concerning pursuit ashore on a facility
The Coast Guard does not have the authority to pursue in Government vehicles
- Federal felony that has been committed in our presence.
- -What circumstances must be present for a boarding officer to conduct one: Probable cause
What types of searches can be conducted on a facility without a warrant
Lawful consent, terry stop, consent to frisk, 33CFR6, administrative inspections
Free and voluntary, uncoerced, may be revoked at any time
Identify the vehicle requirements while conducting a LE ashore patrol
2 driver’s licenses, vehicle must be clearly marked, 2 means of communication with OPCON
What are LE ashore team requirements to conduct a LE ashore patrol
The team must consist of at least one BO that is BOCA qualified and one BTM.
- Traversing an area for the observation or the maintenance of security
- -What is the purpose of a patrol: Maintain varied and unpredictable presence in a port and increase MDA in order to detect, and deter activities by adversaries in the maritime domain.
Define US Coast Guard maritime security level system
3 level system that determines the level of threat within the marine environment
What is a MARSEC level
1: Baseline security posture- green, blue, yellow, 2: Increased security posture – Set when there is a perception of heightened general risk – orange, 3: Most focused security posture set when attack is deemed imminent or has already occurred - red
High Interest Vessel- may pose a risk to port
High Value Unit- military ships carrying ammunition
Certain Dangerous Cargo- oxidizers, flammable gasses
Captain Of The Port- enforces safety, security and environmental pro.
Facility Security Officer
Facility Security Plan
Define the Homeland Security Alert Levels
- 5 level system that reflects the probability of a terrorist attack.
- -How many are there and how are they signified: 1: Low risk-green, 2: Guarded risk- blue, 3: Elevated-yellow, 4: High risk- orange, 5: Severe risk- red
What is the Coast Guards policy on finding evidence during a routine inspection
May be seized if discovered in plain view. Seize evidence and continue with inspection
What is the Coast Guards policy of searching persons and their personal possessions with radiation equipment
Using RAD gear is a passive detection. Ask subject NON INCRIMINATING questions. Can only search w/o consent if there is probable cause that there is hazardous radiation, or a customs boarder search.
Can you search personal effects when the personal effects are not in the person’s possession
Yes. RAD pager is enough for reasonable suspicion to search baggage.
What should a boarding officer do if radiation is detected on a facility
- Conduct brief investigation to see if source is legitimate.
- -What are the public safety precautions that must be taken: isolate area/affected personnel evacuate non affected personnel
- -Who gets notified: Facility Manager, FSO, and OPCON
Identify some restrictions on the boarding officer ashore
May not seek arrest or search warrants, serve subpoenas, use electronic surveillance. No authority outside of US or commercial aircraft. No firearms off duty or lights on POV.
Identify requirements for obtaining access to a regulated facility
Contact the FSO.
Identify the time restrictions for gaining access to a facility
- 10 minutes.
- -What actions should the boarding officer take if the time is not met or is denied access to the facility: Contact OPCON immediately.
Identify some discrepancies while on a regulated facility
- Lack of perimeter security, breaches in perimeter security, Failure to require ID upon entry.
- -Who must be notified if discrepancies are found: FSO, OPCON Local facility inspectors, and enter results into misle.
Identify the required distribution of the USCG facility spot check once completed
FSO, OPCON, and local facility inspectors
Define the duties of the boarding officer ashore for augmentation of a facility for additional security
Coast Guard will usually follow the facilities FSP, but will always follow the commandant’s use of force policy