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Maritime Law
Enforcement
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INTRODUCTION
Naval Forces as economic & effective
law enforcement units
Risk of Excessive Use of Force
Avoided by
law enforcement agency control
thorough training
oversight by civil executive, legislative &
judicial branches
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JURISDICTION & AUTHORITY
Naval Forces Must Have:
international jurisdiction over the vessel
or aircraft in question
depends upon nationality, location, status &
activity
domestic legal authority to conduct law
enforcement operations

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ELEMENTS OF
JURISDICTION
Location
Nationality of vessel
Nationality of person
Type of offense
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BASES FOR JURISDICTION TO
PRESCRIBE
Territorial
Objective
Nationality
Passive Personality
Protective
Universal
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JURISDICTION AS TO
PLACE
Over Own Flagged Vessels Located
Anywhere
however, enforcement not undertaken
in other states national waters w/o
consent as a matter of policy
Domestic Law Defines Which
Vessels are Considered Own
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JURISDICTION OVER
FOREIGN FLAG VESSELS
Within Own National Waters
if reasonable grounds that vessel is
violating own laws
Within Own Contiguous Zone, Exclusive
Economic Zone, Over Continental Shelf
only for certain laws
Exception: Sovereign Immune Vessels
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HOT PURSUIT OF FOREIGN
FLAG VESSELS
Must Begin in National Waters,
Contiguous Zone, EEZ, or Over
Continental Shelf
for violating own laws applicable to
those waters; after order to stop
Must Be Continuous
May Not Extend Into National Waters
of Another State
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JURISDICTION OVER
STATELESS VESSELS
Not Legitimately Registered in Any
Are Subject to Jurisdiction of All
Other Vessels Can Be Regarded As
Stateless
certain factors are considered
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APPROACH & VISIT
Authorized Vessels & Aircraft May:
Verify Vessel Nationality
Stop, Board Vessel, & Examine Documents
if reasonable suspicion of certain international
crimes or stateless
AND if not sovereign immune
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CONSENSUAL BOARDING
Authorized Vessels & Aircraft May
Request Permission from Master of a
Vessel
Examination is Limited By Consent
No Enforcement Authority
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CONSENT OF FLAG NATION
Special Arrangement on Case by Case
Basis Through Diplomatic Channels
International Agreements on Blanket
Basis Authorizing
boarding, or
boarding & enforcement of flag nations
laws or warship nations laws
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BOARDING PROCEDURES
Preliminary Questions
basis for decision to visit
Boarding Team
composition
Once Aboard
initial security sweep
review of ships papers
inspect or search as
appropriate
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DOMESTIC LEGAL
AUTHORITY
Agency/Courts
Offense
Person
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U.S. COUNTER-DRUG LAW
Applies to:
any person aboard a vessel subject to
U.S. jurisdiction
US citizens/resident aliens aboard any
vessel
Vessel Subject to U.S. Jurisdiction
6 different categories
Prohibits Manufacture, Distribution or
Possession w/ Intent
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U.S. COAST GUARD MARITIME
LAW ENFORCEMENT AUTHORITY
Primary Maritime Law Enforcement
Agency
Lead Agency for Maritime Drug
Interdiction
Authority to Inquire, Inspect, Search,
Seize, Arrest for Violations of U.S. Law
E-4 and Above Have Arrest Authority &
Are Designated Customs Agents
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INTERAGENCY COORDINATION
Standing U.S. Procedure for
Interagency Coordination
concerning non-military incidents
which could adversely impact foreign
relations
State Dept & Other Concerned
Agencies Notified
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U.S. DOD MARITIME LAW
ENFORCEMENT MISSION
U.S. Law & Policy Prohibits DoD From
Enforcing U.S. Law
potential exception for outside U.S.
exception for indirect Involvement or
assistance if furthering military function
certain U.S. laws provide other exceptions

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U.S. DOD MARITIME LAW
ENFORCEMENT MISSION
U.S. Laws Authorizing DoD Limited
Counterdrug Missions
lead agency for detecting & monitoring air
and maritime transit of drugs into U.S.
train & advise law enforcement officers in
the operation of loaned equipment
maintain and operate DoD equipment to
intercept & communicate w/ vessels and
aircraft outside U.S.
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U.S. DOD MARITIME LAW
ENFORCEMENT MISSION
U.S. Laws Authorizing DoD Limited
Counterdrug Missions
Operate communications equipment
being used for law enforcement
operations
Transport law enforcement personnel
operate base of operations
A narco-submarine seized in
Ecuador in July 2010
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U.S. DOD MARITIME LAW
ENFORCEMENT MISSION
U.S. Laws Authorizing DoD Limited
Counterdrug Missions
provide information acquired during
military training and operations
make equipment & facilities available to
law enforcement authorities
embark USCG Law Enforcement
Detachments
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USE OF FORCE POLICY
Resort to Using Force May Be
Necessary to Enforce the Law
regulations should state authority
personnel should be trained
law enforcement Use of Force Policy
different from Military ROE
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USE OF FORCE POLICY
Force Generally Authorized:
for self-defense & defense of others
to prevent a crime
to effect a lawful arrest
to protect property
to compel compliance with lawful order
Use Only Minimum Force Necessary
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USE OF FORCE POLICY
Deadly Force Generally Authorized
When Other Person:
has means to inflict death or serious
bodily injury,
has opportunity to do so; and
has the immediate, present intention to
do so.
No Duty to Retreat
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USE OF FORCE POLICY
Warning Shots and Disabling Fire
policy should be specific & standard
decision reserved to senior officers
jurisdiction over suspect vessel must
be confirmed
alternative means of stopping vessel
should normally be attempted first
force limited to stopping vessel
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