Legal Briefing for Ground Team Members

LtCol Mark T. Webster, CAP Director of Emergency Services Vermont Wing.

Overview

Legal authority to conduct SAR operations Expectations of state and federal authorities

Miscellaneous legal issues

Legal authority to conduct SAR missions

Search and rescue is a state function In Vermont,

Air

Force Rescue Coordination Center is responsible for Missing aircraft on an interstate flight Missing federal aircraft Vermont Agency of Transportation is responsible for missing aircraft on an intrastate flight State or Local Police are responsible for missing persons
Remember, We work for the state. The state has the final authority in SAR functions

CAP's role in state SAR plan

Vermont has signed a Memorandum of Understanding (MOU) with VTWG CAP MOU states that we can work on SAR missions Overall control of the SAR mission resides with the Agency of Transportation or Police

Alerting Procedure
AFRCC opens mission AFRCC alerts state command post AFRCC requests permission to contact CAP

AFRCC activates CAP for search

CAP and the State of Vermont

CAP and the state have a contract stating the CAP will provide SAR and DR Services State's Expectations of our Teams

Our

teams are properly organized, trained and equipped Our teams are available when needed Teams conduct mission in the most expedient manner, consistent with safety

Failure to live up to our contract could result in civil or criminal penalties

Proper Equipment

Do we have the necessary SAR equipment?

DF

set with spare batteries Radios and other communication gear Maps, compass, pens and other supplies

Do we have the necessary personal protective equipment?

Proper

clothing / BBP protection

Do we have the necessary first aid supplies?

Remember: It is your job to be properly equipped. CAP is not responsible to supply you with all the needed equipment.

Proper Training and Qualifications

Have all members been properly trained?

State

will expect professional performance Have members completed training required by regulations?

Are all members properly documented?

Can

you prove your training?

You are responsible to maintain records and documents to verify your level of training.

Proper Organization

Are you ready for immediate deployment?

State

will expect a quick reaction time Keep equipment, uniforms and supplies ready to go at a moment's notice Goal is to be on your way to the mission base within 30 minutes of the phone call

Are you ready for a long term deployment?

Mission

may take several days Facilities may be lacking Bring adequate food and money

Proper Coordination and Control

Maintain communications with the mission base

Critical

mission information may be passed to your team Follow established check-in procedures

Work together with other teams

Avoid

the "I must find it" attitude.

Pass on all clues and information to the Ground Operations staff

Maintain

detailed, legible logs of all ground team activities and interviews

Team Leader Actions to Minimize Legal Problems

Keep detailed, accurate logs

Record

why you take a certain action

Do only
what

is reasonable what is necessary to save a life what you are qualified to do

Check qualifications of team members Insure you are properly equipped Do not interfere with EMT's and CFR's

Trespass
We do not have any special status. We must follow all local, state and federal laws Trespass: We do not have the right to enter private property except to

Save

a life Save the property

Deactivating an ELT without permission is a trespass Trespass has both civil and criminal liabilities

Criminal Liabilities
Assault: An attempt or threat with force to inflict harm on another Battery: Unlawful application of force to another person Conversion: Seizing control of another person's property Interfering with governmental administration All the above have criminal and civil liabilities

Miscellaneous legal issues

Crash site actions

If

asked, we can provide security Keep local law enforcement informed or our limitations CAPR 55-1, we may not use force or show of force when assisting local law enforcement At crash, all we can do is warn trespassers of consequences and notify authorities

More Misc. Legal Issues

Do not make comments on the crash

Do

you want to be called and give testimony as to why the airplane crashed.

National Transportation and Safety Board

Investigates

all civilian crashes NTSB guidelines Aid and rescue survivors Preserve the crash scene Disturbing the crash scene is a violation of federal law

When are we responsible for injuries

We have a legal duty to perform

We breach our legal duty

Our breach causes damage or harm

Duty to Perform

Duty arises either by contractual relationship or by torts

We

have a contractual relationship with the victim by our MOU with the state

Tort is a civil liability that arises when we violate the legal standards of behavior between people
Common

torts are assault, battery and trespass

Negligence

Ordinary: Failure to use ordinary and reasonable care Gross: Failure to use even slight care Reckless indifference to the truth - this is gross negligence

Breach of Duty
Duty of Care: We must conduct ourselves so to avoid negligent injury to the other party Due Care: What a reasonable person would do in the same situation.

Because

we hold ourselves as experts, we have a high reasonable person standard a reasonable person has your level of training a reasonable person follows established protocols and standards

Breach must cause damage or harm to the victim

Protect your team

Protect your team

Acts

or omissions that cause harm are torts

Depending on the age of the team member, we could be subject to child abuse or endangering the welfare of a child charges

Good Samaritan Law

If you
Provide

reasonable care to save a live or prevent injury provide care up to the level of your training provide care without negligence provide care without compensation

You will be indemnified in a lawsuit

You

can still be sued Your defense will prevail in the lawsuit

More Misc. Legal Issues

Posse Comitatus:
Law

summoning and commanding any person to assist the local sheriff Under US Code, Title 18, Section 1385, Federal agents can not be summoned to assist local law enforcement Federal enforcement is a violation of the separation of powers between the states and the federal government CAP members, on a mission, are federal agents

Crash Site