47 p. USCG Coast Guard SEARCH & ARREST Presentation CD

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Contains the following key public domain (not copyrighted) U.S. Government publication(s) on one CD-ROM in both Microsoft PowerPoint and Adobe Acrobat PDF file formats:

TITLE:

SEARCH AND ARREST, 47 pages (slides)

SLIDE TOPICS, SUBTOPICS and CONTENTS:

SEARCH AND ARREST REFERENCES Maritime Law Enforcement Manual, COMDTINST M16247.1C Boarding Officer/Boarding Team Member PQS, COMDTINST M16247.7 Maritime Counter Drug and Alien Migrant Interdiction Operations, COMDTINST M16247.4 (NWP 3-07.4). OBJECTIVES Search Law Concepts Understand the Fourth Amendment and the consequences of violations. Explain the following concepts: Reasonable Suspicion Probable Cause Reasonable Expectation of Privacy Search Arrest Plain View OBJECTIVES Vessel Inspections / Searches Explain the purpose and scope of Basic & Extended Initial Safety Inspections Explain the limitations of the following: Vessel Safety Inspection Customs Border Search Intrusive Inspection and Search Consent Search Vessel Inventory OBJECTIVES Personnel Searches Explain the purpose and scope of the following: Frisk Search Search for Safety Search Incident to Arrest Strip Searches Body Cavity Searches Pat Down (Border Searches) Search Law Concepts 4th Amendment Reasonable Suspicion Probable Cause Expectation of Privacy Search Arrest Plain View Fourth Amendment 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 issued, but upon probable cause, supported by oath or affirmation, and describing the place to be searched, and persons or things to be seized. Fourth Amendment Who does it apply to? All U.S. citizens, regardless of location All persons in U.S. territory. Fourth Amendment Consequences Exclusionary Rule Mapp v. Ohio Fruits of an illegal search are excluded from evidence. “Fruit of the poisonous tree” Reasonable Suspicion The belief by a reasonable and prudent person that something has happened based on: ` Factual observations, Knowledge, Training, Experience, and Logical inferences. Probable Cause Level of Suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been committed. It is a judgment call based on: Factual observations, Knowledge, Training, Experience, and Logical inferences. Somewhere between reasonable suspicion and certainty. Reasonable Expectation of Privacy A two-part test to determine if the 4th amendment applies to a situation. Does the individual who controls an area actually expect that area to be private? Is that expectation reasonable? Search A quest for evidence of a crime by a government official intruding in an area where a person may reasonably expect privacy. Arrest 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. Elements of Lawful Arrest Authority Intent Knowledge Compliance Misdemeanors - PC that misdemeanor was committed in officer’s presence Felonies - PC Elements for Rights Advice You must give Rights Advice: If the suspect in custody is questioned about any illegal activity. Arrest - Rights Advice (continued) Custodial Situation: When suspect’s freedom of movement has been restricted in a manner normally associated with a formal arrest Weapons Drawn Handcuffing Routine Boardings and Inspections do not create custodial situations Arrest - Rights Advice Read from card Read slowly Ask for understanding Normal boarding questions do not require rights advice Plain View The rule permitting a law enforcement officer, who is otherwise lawfully present in an area, to seize an item that is readily apparent as evidence. Vessel Searches and Inspections ISI Basic Extended Vessel Safety Inspection Customs Border Search Intrusive Inspection and Search Consent Search Inventory Initial Safety Inspection Not a search, a limited protective sweep of a vessel for boarding team safety. It is conducted only for protective purposes and not to gather evidence. The master or mate should be invited. Do not enter spaces where hazards are unlikely (i.e. private staterooms). Communicate results to entire team. Initial Safety Inspection The ISI is not based on reasonable suspicion or probable cause. Conducted on every boarding to locate and identify any previously unknown hazards. Check spaces where hazards are likely: Machinery spaces Bilges Cargo areas Extended ISI The Extended ISI is still part of the protective sweep of a vessel, but is more focused Based on reasonable suspicion of a specific hazard, for example : Unaccounted for persons Known weapons Leaks or mechanical hazards Only look in spaces where hazard could be located. Vessel Safety Inspection It is a systematic process used to ensure compliance with governmental regulations. Not a search, but a limited intrusion: Do not need suspicion of a violation Involves checking documents, equipment, and practices/procedures Designed to check compliance with specific regulations Not a quest for evidence of crime All boardings are (at least partly) Vessel Safety Inspections. Customs Border Search Search of a vessel and cargo in waters subject to Customs jurisdiction, when the vessel: Has crossed the border, OR Intends to cross the border, OR Is suspected of smuggling. Customs Border Search Limitations: The only limitation on the search is that it must be reasonable (no more destructive than necessary). Must consult OPCON prior to search unless search is in conjunction with Homeland Security missions. Normally customs border searches conducted by Coast Guard personnel should be coordinated with the servicing ICE/CBP (Immigration and Customs Enforcement / Customs Border Protection) office. Intrusive Inspections and Searches A quest for evidence that may require the destruction or permanent alteration of personal property to complete the search. Usually involve hidden compartments and other semi-permanent concealment techniques Extent of intrusiveness must coincide the level of suspicion, and must be based on objective, articulable facts Intrusive Inspections and Searches Customs / Border Search Search must be reasonable and no more destructive or intrusive than necessary Other than Customs / Border Search In private areas: Probable Cause (SEARCH) In areas with no expectation of privacy: Reasonable Suspicion (INSPECTION) In all cases, consult OPCON Consent Search A voluntary agreement between a boarding officer and a person, to allow the search of a space where the person otherwise has a reasonable expectation of privacy. Permission must be given by a person who controls or has equal access to the space. Limitations: Limits are placed by the person giving consent Reasonableness - “Look wherever you want” doesn’t always means what it says. Vessel Inventory After a vessel is seized, a thorough inventory will be conducted, to: Assure seaworthiness, Protect safety of personnel who must be on board, Preserve perishable evidence, Safeguard personal property, and Protect government against liability claims. Personnel Searches Frisk Search for Safety Search Incident to Arrest Strip Searches Body Cavity Searches Frisk Search Definition and Purpose Cursory search of a person. For the protection of the boarding team. Based on reasonable suspicion that: The subject has a concealed weapon which could endanger the officer or others. Items searched for: Manufactured weapons. Other items that you can articulate that may be used as weapons. Frisk Search Scope Crush and feel outer garments You may ask subject to remove coat or similar outer garments Frisk may be extended to subject’s immediate or “grab” area Purses and other bags Other surroundings Not a search for evidence! Frisk Search Results Weapons should be removed Objects that may be weapons should be questioned and/or removed: Contraband - seize it! Other evidence - detain for investigation Any other items - return to subject Complete frisk, tell entire boarding team results. Search for Safety (AMIO) Definition and Purpose Cursory search of a migrant upon embarkation to a LEU. To locate any items that may be a threat to the crew of the LEU or other migrants. Items searched for: Weapons Illegal Substances Health Hazards Other Dangerous Items. Search for Safety (AMIO) Scope Crush and feel outer garments If there is heightened risk of unrest or violence, conduct full search of migrants Frisk should be extended to subject’s immediate or “grab” area Purses and other bags Other surroundings Not a search for evidence! Search for Safety (AMIO) Results Weapons should be removed Objects that may be weapons should be questioned and/or removed Remove any items that appear to be a health hazard: Food Illegal Substances Inventory all items removed from each migrant Search Incident to Arrest Definition and Purpose Detailed search of a person, for: Weapons, and Means of escape, and Evidence A Field Search is conducted on every arrestee: As soon as possible after arrest, and When subject is placed on USCG unit, and When custody of subject is transferred Search Incident to Arrest Scope of Field Search Detailed crush and feel of outer garments You should remove coats or similar outer garments Visual exam of mouth, ears, and nose. Search may be extended to subject’s immediate or “grab” area Purses and other bags Other surroundings Search Incident to Arrest Results of Field Search You should remove any object reasonably believed to be: Weapons Means of escape Other evidence Based on unit policy and length of custody you may remove and inventory other personal effects. Search Incident to Arrest Strip Search Definition: Any search that exposes undergarments (beyond straps or waistbands) or the nude body. Conducted only when, after a field search is completed, reasonable suspicion still exists that weapons, means of escape, or evidence are hidden on the subject. Search Incident to Arrest Strip Search Conducted in area free from outside observation. Videotaping is prohibited! A witness must be present: If same sex - watching. If opposite sex - listening nearby. The subject should remain handcuffed whenever possible. Search Incident to Arrest Body Cavity Search Definition: Any search that involves visual or physical intrusion into a body cavity other than the mouth, ears, or nose. Conducted only when, after a field search and strip search are completed, reasonable suspicion still exists that weapons, means of escape, or evidence are hidden in the specific body cavity to be examined. Search Incident to Arrest Body Cavity Search Only a physician may conduct a physical (other than visual) body cavity search. A same sex witness should be present. The subject should be requested to: Manipulate their body as necessary. Remove any suspicious objects. If subject refuses to cooperate, separate from others and guard. Pat Down (Border Searches) A person subject to a border search may be subjected to a patdown search for merchandise by an officer of the same gender when the officer has at least one articulable fact that the person may have merchandise subject to duty or inspection on his or her person. Under no circumstances will an officer of the opposite sex conduct a Patdown Search! Pat Down (Border Searches) Includes: Removal of shoes, Lifting of a pant leg or the hem of a skirt a few inches, Intrusions into the pockets, Removal of belts, Rolling up shirt sleeves, And patting of an officers hands over the suspect’s clothed body. Summary Search Law Concepts Vessel Inspections / Searches Personnel Searches