COMDINST 16616.11B
b.
Exigent Circumstances/Emergency Situations. Any container may be inspected without a
warrant if there is reason to believe an emergency situation exists. Emergencies may
include, but are not limited to, leaking packages in the container and obvious damage to
the container and/or its contents. The inspector must reasonably believe that the
emergency involves hazardous materials or that the situation otherwise poses a significant
risk of injury to persons or damage to property or the environment. To maximize the
likelihood that a search under this exception is upheld, it should be undertaken only when
the emergency is an actual safety problem, not merely an apparent regulatory violation.
This exception applies anywhere within the Captain of the Port's zone of jurisdiction.
c.
Border Search/Customs Search. A container located in a Customs area, or just having
been imported or intended to be exported, whether or not marked or manifested as
containing hazardous materials, may be inspected under the "border search" exception to
the Fourth Amendment. Customs areas include the docks, container stations, cargo
terminals, and the importer's premises. The Customs area in which the Coast Guard will
conduct the majority of its inspections of containers is that area immediately adjacent to
the waterfront where cargoes are loaded and unloaded. Coast Guard commissioned,
warrant, and petty officers may conduct warrantless inspections of containers in Customs
areas under this exception pursuant to authority contained in 14 U.S.C.143 and 19
U.S.C. 1401. Under reference (c) (USCS-USCG 1989 MOU), examination of uncleared
imported containers by the Coast Guard will be coordinated with the Customs Service.
d.
Consent. Any container may be inspected without a warrant, whether or not marked or
manifested as containing hazardous material, if consent to search is granted by the
container's owner or the agent of the container's owner. This exception applies anywhere
within the Captain of the Port's zone of jurisdiction. Inspectors are cautioned that merely
being the custodian of a container does not necessarily imply authority to provide consent.
7.
RESPONSIBILITIES. Commanding officers of marine safety offices shall:
a.
Conduct inspections of containerized hazardous materials in accordance with policy
guidance provided in this Instruction and technical procedures contained in CITAT field
guides.
5
Previous Page
