COMDINST 16616.11B
e.
Enclosures (1) & (2) provide standardized processes for container selection that meets the
goals of the program and satisfies the DOTOIG concerns.
f.
Commandant (G-MOC) and CITAT are interested in promoting procedural innovation and
creative data collection in the CIP. Units that have developed systems or analysis
techniques that may be useful program-wide are encouraged to contact Commandant (G-
MOC-3) or CITAT.
LEGAL CONSIDERATIONS. COTPs have broad authority to inspect hazardous materials
6.
shipments and waterfront facilities for compliance with various laws and regulations.
However, inspecting the contents of a freight container under the Container Inspection
Program clearly constitutes a search within the meaning of the Fourth Amendment. Therefore,
Coast Guard inspectors must give due consideration to the requirements of the Fourth
Amendment and its protections against unreasonable searches and seizures. Such
consideration will not only help establish the underlying legal predicate for the search but will
also help ensure that the container inspection program is conducted in a fair and responsible
manner. Judicial decisions interpreting the Fourth Amendment show a clear preference that
searches and seizures be conducted pursuant to search warrants issued by a judicial officer.
However, obtaining a search warrant normally will not be practicable or feasible for Coast
Guard inspectors participating within the Container Inspection Program. While search warrants
are preferred by the law, this is not to say that a warrant is always required. In fact, courts
have recognized many circumstances under which warrantless searches and seizures may be
made. One or more of the below-discussed exceptions to the warrant requirement of the Fourth
Amendment will normally apply to Coast Guard container inspections. Inspectors should
clearly be able to articulate which of the following exception(s) applies to the case at hand.
This is not intended to suggest that legal advice is required in every case. On the contrary, a
good working knowledge of these exceptions will contribute to a fair and highly efficient
inspection program that is legally supportable. However, when complex legal questions do
arise, they should be referred to the DistCommander's legal staff. Common exceptions to the
warrant requirement include:
Closely Regulated Industry/Pervasively Regulated Business.. Under this exception, if a
a.
container is declared as containing hazardous materials (placarded, listed on the dangerous
cargo manifest (DCM), declared on shipping papers, etc.) or the inspector has an
objectively reasonable and articulable belief that there are hazardous materials or
contraband within the container, it may be inspected without a warrant. An "objectively
reasonable and articulable belief" is something less than probable cause but something
more than mere suspicion. The inspector must be able to specifically articulate what factor
or factors led him to believe the package contained a hazardous material. The decision to
inspect may be based upon all of the circumstances confronting a trained inspector
drawing inferences and deductions based upon his or her training and background, law
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