BTM Study Guide

14 USC 522

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.

What is USC

USC stands for United States Code. They are codes that give us authority and go into detail on the laws we are able to enforce. (14 = Chapter, USC = United States Code, 522 = Section)

What does 14 USC 522 authorize the CG to do?

SEASII: Search, Examine, Arrest, Seize, Inquire and Inspect.

Who has Authority under 14 USC 522

Commissioned Officers, Warrant Officers, and Petty Officers; Reserve Officers and Reserve Enlisted when drilling/ active status.

What US Code gives the Coast Guard its Mission?

4 USC 102 (Primary Duties) The Coast Guard 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 United States.

14 USC 523 - Gives the Coast Guard 'Enforcement Authority'

- Carry a firearm

- Make Arrests without a warrant for any offense against U.S. committed in their presence - Seize Property

Where does the BTM get their authority from?

The BO (Boarding Officer), BTM has NO Authority on their own.

Authority

The governments legal power to act.

Jurisdiction

The governments legal power to excercise authority over persons, vessels, and territories.

Jurisdictional Triangle

Vessel Status/ Flag

Location

Substantive Law -a law that prohibits certain action or requires affirmative conduct

Commandants guiding principles for the Use of Force policy

"Only that force reasonably necessary under the circumstances may be used. Force must not be used where assigned duties can be discharged without it. Excessive force may never be used."

Levels Of Force

1. Officer Presence

2. Verbal Commands

3. Control Techniques

4. Aggressive Response Techniques

5. Intermediate Weapons

6. Deadly Force

SAFER

When I need to move up the UOF continuum

S = safety/security

A = attack

F = flight

E = excessive reps

R = revised priorities

When do I move up or down the continuum?

Appropriate level of force:

o if the levels below are not effective or

o the current level of force is not effective or

o current level of force may not be safe to employ or

o The next level of force would be excessive

Level 1 - Officer Presence

Officer presence is appearance, demeanor, verbal and non-verbal communication that create an atmosphere of compliance and projects a professional image to the public. (i.e. CG Vessel, Uniform, CG Assets, LE lights Coast Guard Lettering, Presentable sharp Boarding Team)

What level of force is drawing a PDW/OC/Baton/Handdcuffs

Drawing of PDW/OC/expandable baton/handcuffs is classified as Level 1 use of force

* A PDW may be drawn from its holster, or a long gun shouldered for firing, only if: Deadly force is authorized or there is a reasonable possibility the use of deadly force may be required

Interview

o Non-aggressive, professional stance. It is the minimum readiness stance.

Ready

o Higher readiness stance than the interview. ("Sir, what seems to be the problem?")

High guard

o Defensive stance and is the highest readiness stance, majority of the ACMs (Active Counter Measures) are delivered from this stance. ("GET BACK!")

Level 2 - Verbal Commands

Verbal commands in the form of task direction with consequences aimed at the subject

What are low level consequences

Low Level Consequences

· A low risk consequence

· Allows the subject to consider the impact of their actions and consequences of non-compliance ("You may be subject to fines and or arrest")

ASK ONCE, GIVE TASK DIRECTION W/ CONSEQUENCE, FOLLOW THROUGH WITH CONSEQUENCE!

TACK

· T = thorough

· A = acceptable

· C = clear

· K = keep it short and simple (K.I.S.S.)

LEAPS

· L = listen

· E = empathize

· A = ask questions

· P = paraphrase

· S = summarize

Level 3 - Control Techniques

Techniques or actions with a low probability of causing connective tissue damage, lacerations to the skin or broken bones.

What is preceding, and what is included in Level 3

Preceded by verbal commands Restraint devices, pain compliance, strength techniques · Escorts/Transport Wristlock (L Escort) · Normal application of handcuffs/ restraints

After Handcuffing you MUST

· Adjust

· Double Lock

· Check immediate area (All grab areas)/determine what Search, if any is necessary

What is necessary to use flex cuffs

If using Flex-cuffs you must have flex cuff cutters! (Knives or wire cutters are NOT authorized)

Handcuffs Qualities

· Nickel, Blued, or Stainless finish (not painted or covered)

· 2-Chain-Link + Swivel

· Capable of being double locked

Handcuffing Positions

· Standing

· Kneeling

· Prone

Positions to release from Handcuffs

Standing

Sitting

Pressure Points

· Mandibular Angle

· Jugular Notch

· Center Ear

· Forward Ear

Level 4 - Aggressive Response Techniques

Techniques or actions likely to result in connective tissue damage, lacerations to the skin, broken bones or that will produce irritation of the skin, eyes and/or mucus membranes.

What is preceding, and what is included in Level 4

o Preceded by verbal commands

o Kicks, stuns, punches, takedowns, and chemical irritants (OC Spray).

Canister OC Spray Qualities

Oleoresin Capsicum

· No less than 5% or more than 10% concentration

· Straight-stream delivery

· Water based, non-toxic, non-flammable

· Apx 3oz in size

· Thumb Activated with safety

· Optimum at apx 5'-10'ft

· Max Effective Range: 10'-12'ft

· Ballistic Needle Affect less than 4'ft (may cause blindness/ Level 6)

Steps while administering OC

Shake (to MIX PRODUCT)

Shout (OC, OC... OC, OC)

Spray (subject with at least two one-second bursts on the target)

Steps to take after administering OC

· Handcuff

· Don a Lifejacket on person that was sprayed with OC

· Administer First Aid

When to Use Bar-Hammer Control

· A ground defense situation

· Takedown transition technique

· Direct the subject into the prone position of disadvantage

· Non-Compliant Handcuffing

Upper Active Counter Measures

Front Jab

Straight punch

Forearm strike

Brachial stun

- Backhand strike

- Palm heel strike

- Inner forearm strike

- Outer forearm strike

Suprascapular stun

Elbow strike

Arm-bar takedown +Takedown Transitions

Head control takedown

Teamwork Options

Modified takedowns

Lower Active Counter Measures

Knee Strike

Front Snap Kick

Angle Kick Superficial

Peroneal Kick

Defense Active Counter Measures

Parrying

- High Parry

- Elbow Parry

- Jamming Break

-Falls & Rolls

- Forward Break Fall/Rear Break Fall

- Front Roll/ Rear Roll

- Sprawl (Low Tackle)

Ground Officer Escapes

Level 5 - Intermediate Weapons

Techniques or actions with a high probability of causing connective tissue damage, lacerations to the skin or broken bones

What is preceding, and what is included in Level 5

Preceded by verbal commands

Impact weapon (baton)

Fin-Stabilized Munitions (for shotgun)

Expandable Baton Qualities

· 15 - 22 inches

· Steel shaft, silver in color, corrosion resistant, NO knurling, or sharp edges

· Rubber non-Slip grip

· Must have manual expansion (NO Spring-loaded)

Level 6 - Deadly Force

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

Serious Physical Injury

Actual physical injury of the body that results in:

o Unconsciousness

o Protracted and obvious disfigurement

o Protracted loss or impairment of the function of a bodily member, organ, or mental faculty

Deadly Force Triangle

1) Weapon

2) Opportunity 2-prong test:

a) unrestricted access: Exists when there is nothing to stop a subject and a weapon.

b) Maximum Effective Range: Exists when the subject is close enough that the individual poses an imminent threat. (death or serious physical injury to yourself or others)

3) Subject's Actions The physical actions that would lead a reasonable law enforcement officer to believe that death or serious physical injury is IMMINENT to you or others.

When are you authorized to draw your PDW (Personal Defense Weapon)?

When DEADLY FORCE is authorized There is a reasonable possibility that the use of DEADLY FORCE may become required

What situations may you use Deadly Force?

1) Individual Self-defense For personal Protection if there is a reasonable suspicion that the subject poses an imminent threat of Death or Serious Physical Injury to yourself or any other person.

2) To effect a lawful arrest or prevent an escape if

a) There is Probable Cause that the subject has committed a felony by use, or the threatened use of deadly Force.

b) The suspect is armed and poses an imminent threat of Death or Serious Physical Injury to any other person.

c) The suspect failed to obey an order to heave to.

3) Protection of Property if Authorized.

4) Protection of Hazardous Materials (HAZMAT) or Deadly Weapons

5) Vessel on Vessel Situations

6) Airspace Security

Post Shooting Procedures

· Secure the scene

· Provide First Aid

· Secure Subject + Notify Opcon (handcuff subject if medically feasible)

· Make NO Written or Oral Statements, except to federal officers and investigators

· Surrender Weapon (that is now evidence) - only to CGIS agent, DO NOT clean or use

Passive Compliant

A subject who follows the officer's verbal commands or task direction.

Passive Resistor

A subject who does not follow the officer's verbal commands or task direction but does not resist the officers attempts to gain control.

Active Resistor

A subject who does not follow the officer's verbal commands or task directions and takes action that prevents or may prevent the officer from gaining control, but does not attempt to harm or attack the officer

Active Aggressor

A subject who attempts to harm or attack the officer.

RAD Level I

Radiation Pager (RAD Pager) +best worn in different spots on each Boarding Team Member (ex: shoulder, waist, leg) SMAC Levels:

· Gamma: 4500 Microrems/hr

· Neutrons: 20 cps (Counts Per Second) +Complete RAD Level I form +Let RAD-II Operator take over *By doubling your distance you are able to decrease exposure up to 75%

SMAC

Stop Move Away Alert Close Off

ALARA

As Low As Reasonable Achievable

4-GAS Analyzer (Gas Alert Quattro Picks Up:

· Oxygen levels below 19.5% and above 22%

· Carbon Monoxide

· Hydrogen Sulfide

· 10% of Lower Explosive Limit ( LEL)

+4-Gas must be worn on opposite side of PDW

Reactionary Gap

The distance between the contact officer and subject. Usually 4 - 6 feet. Note: It is not always easy or possible to maintain this gap. Always be aware of your surroundings and place objects between you and the subject if distance is not plausible.

Line of Fire

The path between a member and the subject.

Explain what Triangulation is.

Keeping the subject triangulated with you and your team.

Explain Cover and Concealment.

Cover can stop a round. Concealment can only hide you.

Define Fatal Funnel.

The most dangerous part of a doorway or other means of entry into a space.

Define Contact and Cover.

Contact is the Officer that does the communicating. Cover is the Officer(s) that stands by as defense.

Define Escape Plan.

A plan for exit incase the boarding deteriorates.

FRISK SEARCH

The crushing and passing of hands over the outer garments of a person in search of weapons. This may extend to purses, outer garments such as overcoats, jackets, etc. And the immediate surrounding area. Reasonable Suspicion is needed.

SIA (Search Incident to Arrest)

Detailed crush and feel search on the outer clothing of an individual who is "under arrest." Search of a subject for:

1) Weapons

2) Evidence

3) Means of Escape

SEARCH

An entry or intrusion by an agent of the government, on a quest for evidence, into an area where a person has a Reasonable Expectation of Privacy. Probable Cause is needed.

What is the Object of a Search and what does it consist of?

A quest for evidence:

1) Fruits of a Crime

2) Instrumentalities of a Crime

3) Contraband

Chain of Custody

Must maintain a strict chain! Use proper seizure forms.

Exclusionary Rule

When 4th Amendment right is violated by an unlawful search it is Inadmissible in court.

Strip Search

An intrusive removal of clothing and may be as extensive as a visual examination of the nude body. Reasonable Suspicion is needed.

Body Cavity Search

It's the visual or physical exam into a body cavity. Can only be performed by a Licensed Physician. Reasonable Suspicion is needed.

Evidence

Something that can be used in a Court room to determine Guilt or Innocence

Probable Cause

The level of suspicion that would cause a Reasonable and Prudent person, given the overall circumstances, to believe a crime has been committed. (It's a judgment call by the LE Officer based on his/her training, experience, and totality of the situation and belief that evidence will found.

Reasonable Suspicion

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

Arrest

Seizure and taking into custody of a person, believed to have committed a crime, which occurs by the use of physical force or display of official authority, to which the person submits. Must have:

· Probable Cause

· Jurisdiction

What is a Custodial Situation?

When the subjects freedom of movement has been restricted.

What is Rights Advise?

A persons rights pertaining to being questioned. (BTM cannot give)

When would you advise someone of his or her rights?

1) Once taken into custody, prior to questioning.

2) When transferring Custody to another agency.

What is the 2-Prong Test for giving rights advice?

1) Is the person being talked to in a Custodial situation?

2) Are my questions or actions likely to illicit an incriminating response?

Spontaneous Confession

When someone confesses a crime that he/she or someone else may have committed and/or details pertaining to that crime.

- Take notes and write down what is said.

What is the exception to reading someone their rights?

When a suspect HAS TO incriminate themselves in situations where the evidence is a danger to the public

Plain View Discovery

The finding of evidence when an Officer in legally in a space.

1) The Officer must be legally present in the space where the evidence was discovered.

2) It must be "Immediately Apparent" that the object/s found are evidence.

*Plain View Discovery: A law protecting an Officer whom is legally present in a space when something is "Immediately Apparent" as evidence. (i.e. Found white powdery substance while conducting ISS)

Private Space

A space that is controlled by an individual where there is a Reasonable Expectation of Privacy.

What is the 2-Prong Test for a Private Space?

1) Is there an Expectation of Privacy in the space he/she controls?

2) Is that Expectation Reasonable?

Common Space

A space where there is not a Reasonable Expectation of Privacy.

Confined Space

Limited means of entry or exit. Not designed for continuous human occupancy.

Persons Authorized to enter a Confined Space

1) Gas Free Engineer

2) Marine Chemist

3) Certified Industrial Hygienist

4) Competent Person (Designated by CO/OIC)

What is an ISS (Initial Safety Sweep)?

An initial sweep of a vessel to ensure seaworthiness and to ensure the safety of the Boarding Team. Restricted to spaces where safety issues are likely to exist.

What is an EISS?

Extended, a more focused sweep of a vessel when:

1) Known Weapon(s)

2) Unaccounted for persons.

3) Known safety hazards.

Phases of MLE Boarding

1) Approach the Vessel (may circle if vessel is anchored or making 5kts or less horse-shoe over 5kts)

2) Embark the Vessel

3) ISS/ Conduct MLE Boarding

4) Disembark Vessel (opposite order of embarkation)

5) Debrief

What is a Consensual Boarding?

When the Master of a vessel grants permission; usually when the vessel is not subject to the Jurisdiction of the US.

What is an SNO (Statement of No Objection)?

An authorization given by Higher Authority to carry out an operational intent with a planned course of action. (i.e. a bilateral agreement between the U.S. and another country to board a vessel of their country)

What are the 4 Types of Vessels?

1) Private

2) Commercial

3) Government Owned, non-commercial

4) Warship

US Vessel

- Documented in the US.

- Given State ID#'s.

- Owned solely or in part by a US Citizen and not legally registered in another country.

Foreign

- Not a US vessel.

- Legally registered under the laws of another Nation and Claims the Nationality of that Nation.

Without Nationality

- A vessel without Nationality and making no claims of any Nation.

Assimilated Without Nationality

- A vessel treated as Stateless due to False or conflicting claims.

What is Hot Pursuit?

When a foreign vessel commits a crime in US waters and attempts to flee, even after being ordered to heave to, and is continuously pursued.

What form do you give the Master of a vessel if during the boarding you damage the vessel?

SF-95