§ 89. — Law enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC89]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 5--FUNCTIONS AND POWERS
Sec. 89. Law enforcement
(a) 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. For such
purposes, commissioned, warrant, and petty officers may at any time go
on board of any vessel subject to the jurisdiction, or to the operation
of any law, of the United States, address inquiries to those on board,
examine the ship's documents and papers, and examine, inspect, and
search the vessel and use all necessary force to compel compliance. When
from such inquiries, examination, inspection, or search it appears that
a breach of the laws of the United States rendering a person liable to
arrest is being, or has been committed, by any person, such person shall
be arrested or, if escaping to shore, shall be immediately pursued and
arrested on shore, or other lawful and appropriate action shall be
taken; or, if it shall appear that a breach of the laws of the United
States has been committed so as to render such vessel, or the
merchandise, or any part thereof, on board of, or brought into the
United States by, such vessel, liable to forfeiture, or so as to render
such vessel liable to a fine or penalty and if necessary to secure such
fine or penalty, such vessel or such merchandise, or both, shall be
seized.
(b) The officers of the Coast Guard insofar as they are engaged,
pursuant to the authority contained in this section, in enforcing any
law of the United States shall:
(1) be deemed to be acting as agents of the particular executive
department or independent establishment charged with the
administration of the particular law; and
(2) be subject to all the rules and regulations promulgated by
such department or independent establishment with respect to the
enforcement of that law.
(c) The provisions of this section are in addition to any powers
conferred by law upon such officers, and not in limitation of any powers
conferred by law upon such officers, or any other officers of the United
States.
(Aug. 4, 1949, ch. 393, 63 Stat. 502; Aug. 3, 1950, ch. 536, Sec. 1, 64
Stat. 406.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., Secs. 45-47, 51, 52, 66, 67,
104, and on title 33, U.S.C., 1946 ed., Sec. 755 (R.S. 2747, 2758, 2760,
2762; June 18, 1878, ch. 265, Sec. 4, 20 Stat. 163; June 16, 1880, ch.
235, 21 Stat. 263; June 22, 1936, ch. 705, Secs. 1-3, 49 Stat. 1820;
July 11, 1941, ch. 290, Sec. 7, 55 Stat. 585).
The words ``or such merchandise'' are inserted in the last clause of
subsection (a) in order to provide for situations where it may be
desirable to seize merchandise without seizing the vessel.
Changes were made in phraseology. 81st Congress, House Report No.
557.
Amendments
1950--Subsec. (a). Act Aug. 3, 1950, struck out ``to'' before
``examine'' in second sentence.
Quarterly Reports on Drug Interdiction
Pub. L. 104-324, title I, Sec. 103, Oct. 19, 1996, 110 Stat. 3905,
provided that: ``Not later than 30 days after the end of each fiscal
year quarter, the Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on all expenditures related to
drug interdiction activities of the Coast Guard during that quarter.''
Enhanced Drug-Interdiction Assistance
Pub. L. 99-145, title XIV, Sec. 1421, Nov. 8, 1985, 99 Stat. 750,
required assignment of a member of the Coast Guard to each surface naval
vessel at sea in a drug-interdiction area to perform law enforcement
functions, prior to repeal by Pub. L. 99-570, title III,
Sec. 3053(b)(3), Oct. 27, 1986, 100 Stat. 3207-76. See section 379 of
Title 10, Armed Forces.
Section Referred to in Other Sections
This section is referred to in title 16 sections 973h, 1437; title
33 section 2605.