Topic Library — Traveling by Sea and by Land (Year 1 Foundations)

School: Minister Destiny Testimony Schools Track: Adult Class: Topic Library — Year 1 (Foundations) Founded and presented by: Muslim Ordained Minister Destiny Marie Morgan

This lesson is educational information, Massachusetts-first, and is not legal advice. Laws and procedures vary by state and by case. If you are in danger right now, call 911. If you have a real case, talk to a lawyer — legal aid organizations help many people for free.

Before you start

• This school never asks your name. Your progress is saved only in your own browser on this device — the school collects and keeps nothing. If you pass this unit's quiz (80% or higher, retakes allowed), you earn a downloadable certificate with a blank line — you write your own name on it after you save it. Quiz answers are not shown; if you miss a question, re-read the lesson and try again.
• One line, three legal worlds — which law follows which mode.

The lesson

Part 1. Three Ways to Cross a Line — Why Jurisdiction Follows the Mode of Travel

Jurisdiction is a government's power to apply its law, and a court's power to hear a case. On land it usually follows territory; travel breaks that simplicity. This topic is organized by mode: sea, land, and air (the companion unit, in Part 7's table).

Part 2. The Law of the Sea in Plain Terms — Zones, Flags, and Three Kinds of "State"

The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982, divides the ocean into zones. Internal waters are under the coastal state's full sovereignty. The territorial sea, up to 12 nautical miles, is sovereign too, but foreign ships keep innocent passage. A contiguous zone to 24 nautical miles lets the coastal state enforce customs, immigration, fiscal, and sanitary laws. An exclusive economic zone to 200 nautical miles gives it resource rights, while navigation freedoms remain. Beyond lie the high seas, where a ship is generally governed by its flag state — where it is registered. The U.S. has not ratified UNCLOS but follows its navigation and jurisdiction provisions as customary international law. Federal district courts hear admiralty cases.

Part 3. Working and Riding on Ships — the Jones Act, Death on the High Seas, and the Ticket You Agreed To (Shute)

Under the Jones Act (46 U.S.C. § 30104), a seaman injured in the course of employment because of the employer's negligence may sue the employer in a civil action with a jury — a protection land workers do not get in the same form. Under the Death on the High Seas Act (46 U.S.C. § 30302), when a death is caused by wrongful act, neglect, or default on the high seas beyond 3 nautical miles from U.S. shore, the personal representative may sue in admiralty for the exclusive benefit of the decedent's spouse, parent, child, or dependent relative; recovery (§ 30303) is fair compensation for the family's financial (pecuniary) loss. Maritime personal-injury suits carry a 3-year time limit (46 U.S.C. § 30106). In Shute, 499 U.S. 585 (1991), fine print requiring suit in Florida was enforced against Washington passengers who never negotiated it. Read your ticket; it is a contract.

Part 4. Crime on the Water — the Cruise Vessel Security and Safety Act and the George Smith Case

The Cruise Vessel Security and Safety Act of 2010 (CVSSA), at 46 U.S.C. § 3507, applies to passenger vessels that embark or disembark passengers in the United States. The ship must keep a log book of crime complaints, open to law enforcement. For the gravest incidents — homicide, suspicious death, a missing U.S. national, kidnapping, assault with serious bodily injury, sexual offenses (18 U.S.C. §§ 2241–2244), firing on or tampering with the vessel, theft over $10,000 — the owner must contact the nearest FBI field office or legal attaché by telephone as soon as possible, and file a written report to the Department of Transportation's portal; DOT publishes cruise-crime statistics. The Act sets security and medical standards aboard.

In the early morning of July 5, 2005, George Smith IV, a 26-year-old Connecticut man on his honeymoon, disappeared from Royal Caribbean's Brilliance of the Seas in the Aegean Sea between Greece and Turkey. Blood was found below his balcony; his body was never recovered, and no one was ever charged. The FBI closed its investigation in 2015, saying the death could have resulted from an accident; his family has never accepted that conclusion. The case drew national attention and congressional hearings on cruise-ship safety, and his family's advocacy helped carry the Cruise Vessel Security and Safety Act of 2010.

Part 5. Piracy — the Oldest Universal Crime (18 U.S.C. § 1651, Said, and the Maersk Alabama prosecution)

18 U.S.C. § 1651 provides: "Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life." UNCLOS Article 101 defines piracy as illegal acts of violence, detention, or depredation, committed for private ends by the crew or passengers of a private ship against another ship — or persons or property aboard it — on the high seas. In Said, 680 F.3d 374 (4th Cir. 2012), the Fourth Circuit held that piracy follows the modern UNCLOS definition — a violent attack is enough; no completed robbery is required (full block).

On April 8, 2009, pirates seized the U.S.-flagged Maersk Alabama off Somalia and held Captain Richard Phillips hostage in a lifeboat; a Navy rescue freed him on April 12, 2009. Abduwali Muse, the surviving pirate, pleaded guilty on May 18, 2010 to hijacking maritime vessels, kidnapping, and hostage taking (the piracy count was resolved within the plea), and on February 16, 2011 was sentenced in the Southern District of New York to 405 months (33 years, 9 months) and $550,000 in restitution.

Part 6. The Law of the Road and the Border — State Roads, Border Searches, Checkpoints, Roving Patrols (Ramsey, Martinez-Fuerte, Brignoni-Ponce; tribal crossings with Oliphant)

Traffic and licensing law are state law — cross a state line and the new state's law governs. The federal role on roads is narrower: highway funding, commercial-carrier rules, and federal law where a federal interest appears. Ramsey, 431 U.S. 606 (1977): border searches "are reasonable simply by virtue of the fact that they occur at the border" — routine searches at the border, or its functional equivalent (an airport, a mail facility), need no warrant, probable cause, or suspicion. Martinez-Fuerte, 428 U.S. 543 (1976): permanent checkpoints may stop every vehicle briefly and question occupants about citizenship and immigration status without suspicion, with secondary referrals — but a search requires consent or probable cause. Brignoni-Ponce, 422 U.S. 873 (1975): roving patrols need reasonable suspicion from specific, articulable facts; apparent Mexican ancestry alone can never supply it.

Under Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), tribal courts do not have inherent criminal jurisdiction over non-Indians unless Congress authorizes it; Congress later authorized a piece of it — the Violence Against Women Act's "special tribal criminal jurisdiction" lets participating tribes prosecute certain crimes by non-Indians, beginning with domestic violence. So a road crossing tribal land can cross a genuinely different jurisdictional line, and who prosecutes can depend on who is involved, not just where it happened.

Part 7. Smuggling Is Not Trafficking — and the Whole Map on One Table

Smuggling is unlawful movement across a border — typically arranged with the person moved — a crime against the border. Trafficking is exploitation through force, fraud, or coercion, for labor or commercial sex — a crime against the person, who is a victim, and no border need be crossed. Under 8 U.S.C. § 1324, bringing a person in outside a designated port of entry is a crime — by sea it reaches a vessel's owner, operator, or master, and ships can be seized — as are transporting, harboring, or inducing, with per-person penalties rising for gain, injury, or death.

The whole map — air vs. sea vs. land:

Words to know — Traveling by Sea and by Land

• Flag state — the state whose flag a ship flies and where it is registered.
• Port state — the state whose port a ship enters; it may condition entry and enforce its laws in port.
• Coastal state — the state off whose coast a ship passes.
• Territorial sea — waters up to 12 nautical miles out, under coastal sovereignty.
• High seas — waters beyond national zones, where flag-state law generally governs.
• Innocent passage — foreign ships' right to cross a territorial sea innocently.
• Border-search exception — routine border searches need no warrant, probable cause, or suspicion.
• Reasonable suspicion — a stop standard built from specific, articulable facts.

Myths vs facts — Traveling by Sea and by Land

• Myth: International waters are lawless. Fact: A ship on the high seas is generally governed by its flag state's law.
• Myth: Ticket fine print is unenforceable if never negotiated. Fact: Shute enforced a ticket's forum clause.
• Myth: Border searches always need a warrant. Fact: Under Ramsey, routine border searches are reasonable simply because they occur at the border.
• Myth: A checkpoint stop and a search are the same. Fact: Martinez-Fuerte allows brief suspicionless stops; a search needs consent or probable cause.
• Myth: Smuggling and trafficking are the same crime. Fact: Smuggling is unlawful movement — against the border. Trafficking is exploitation by force, fraud, or coercion — against a person.

Think it through — Traveling by Sea and by Land

The situation: A Massachusetts family cruises from Florida. Their tickets require suit in Florida. In international waters, a parent is seriously injured in a fall they believe the ship's negligence caused. Where does the case belong?

Walk it through: (1) Forum — Part 3: under Shute, the ticket is a contract; its clause points to Florida. (2) Court — the Part 7 table: federal court, admiralty, § 1333.

Cases & codes to study — Traveling by Sea and by Land

Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (U.S. Supreme Court, 1991)

• The facts: A Washington couple's tickets required suit in Florida. Mrs. Shute was injured slipping on a deck mat in international waters off Mexico and sued in Washington.
• The question: Is a forum-selection clause in a standard ticket enforceable against a passenger who never negotiated it?
• The ruling and the outcome: Decided April 17, 1991 (7–2): yes — a reasonable forum clause is enforceable even without negotiation.
• Why it matters to you: Your ticket is a contract — read its forum and deadline clauses.
• 📄 Court document: https://supreme.justia.com/cases/federal/us/499/585/

United States v. Said, 680 F.3d 374 (U.S. Court of Appeals for the Fourth Circuit, 2012)

• The facts: In April 2010, Somali men in a skiff fired on the USS Ashland, a Navy ship, apparently mistaking it for a merchant vessel; no robbery was completed.
• The question: Does piracy under 18 U.S.C. § 1651 require a completed robbery?
• The ruling and the outcome: Decided May 23, 2012: no. The dismissal was vacated — piracy follows the modern UNCLOS definition, covering attacks and attempts. Dire, decided the same day, upheld convictions on the same reasoning; the Supreme Court declined review January 22, 2013.
• Why it matters to you: An attack on a ship is piracy even if the attackers take nothing.
• 📄 Court document: https://case-law.vlex.com/vid/united-states-v-said-894770648

United States v. Ramsey, 431 U.S. 606 (U.S. Supreme Court, 1977)

• The facts: Customs inspectors opened bulky envelopes mailed from Thailand without a warrant and found heroin.
• The question: May the government search international mail at the border without a warrant or probable cause?
• The ruling and the outcome: Decided June 6, 1977: yes — searches at the border "are reasonable simply by virtue of the fact that they occur at the border."
• Why it matters to you: Routine border searches need no warrant, probable cause, or suspicion.
• 📄 Court document: https://govinfo.gov/content/pkg/USREPORTS-431/pdf/USREPORTS-431-606.pdf

United States v. Martinez-Fuerte, 428 U.S. 543 (U.S. Supreme Court, 1976)

• The facts: At permanent checkpoints away from the border, including San Clemente, California, and Sarita, Texas, officers stopped vehicles and questioned occupants.
• The question: May a fixed checkpoint stop every vehicle and ask about citizenship and immigration status without individualized suspicion?
• The ruling and the outcome: Decided July 6, 1976: yes — brief stops, status questions, and secondary referrals are allowed; a search still requires consent or probable cause.
• Why it matters to you: Expect brief questions at a checkpoint; a search needs consent or probable cause.
• 📄 Court document: https://static.case.law/us/428/case-pdfs/0543-01.pdf

United States v. Brignoni-Ponce, 422 U.S. 873 (U.S. Supreme Court, 1975)

• The facts: Roving patrol officers stopped a vehicle near the border; the occupants' apparent Mexican ancestry figured in the decision.
• The question: What must roving patrols have before stopping a vehicle near the border?
• The ruling and the outcome: Decided June 30, 1975: reasonable suspicion from specific, articulable facts; apparent Mexican ancestry alone can never supply it; further detention or search requires consent or probable cause.
• Why it matters to you: A roving stop must be explainable in facts, not appearances.
• 📄 Court document: https://www.govinfo.gov/content/pkg/USREPORTS-422/pdf/USREPORTS-422-873.pdf

The law itself — read the real words

• 46 U.S.C. § 3507 (U.S. Code) — the Cruise Vessel Security and Safety Act: log books, FBI notification, DOT reporting, security/medical standards. Read it: https://usc-cdn.house.gov/view.xhtml;jsessionid=A3C2591A17AF1B64473389A3A5833D19?path=&req=granuleid:USC-prelim-title46-section3507&f=&fq=&num=0&hl=false&edition=prelim
• 46 U.S.C. § 30302 (U.S. Code) — the Death on the High Seas Act: admiralty suit for a death beyond 3 nautical miles from U.S. shore. Read it: https://uscode.house.gov/view.xhtml?path=/prelim@title46/subtitle3&edition=prelim
• 18 U.S.C. § 1651 (U.S. Code) — piracy as defined by the law of nations, on the high seas; life imprisonment. Read it: https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter81&edition=prelim
• 8 U.S.C. § 1324 (U.S. Code) — bringing in, transporting, harboring, inducing; per-person penalties rising for gain, injury, or death. Read it: https://www.law.cornell.edu/uscode/text/8/1324

Where to read the real thing, free: CourtListener (courtlistener.com), Google Scholar (scholar.google.com), supremecourt.gov, uscode.house.gov.

Try this — Traveling by Sea and by Land

• ☐ Find the forum and deadline terms in any ticket you hold.
• ☐ Sketch the sea zones and label who holds power in each.
• ☐ Write the smuggling/trafficking distinction in one sentence each; check Part 7.
• ☐ List every jurisdictional line on a drive you take — state, tribal, border.

Resources to keep — Traveling by Sea and by Land

• 911.
• FBI — fbi.gov — report crimes aboard vessels.
• Department of Transportation — transportation.gov.
• United States Courts — uscourts.gov.

What you earned / what's next — Traveling by Sea and by Land

✅ Traveling by Sea and by Land complete (quiz score 80% or higher): You can map the sea zones and the three kinds of "state," state the maritime remedies, explain the ticket rule, describe CVSSA reporting and piracy after Said, apply the border standards, and separate smuggling from trafficking.

Your certificate

Minister Destiny Testimony Schools Certificate of Completion — Traveling by Sea and by Land

This certificate is presented by Muslim Ordained Minister Destiny Marie Morgan

Awarded to: ______________________________ (write your name here after you download — your name is never collected or stored by this school)

Date completed: ______________

Congratulations. You can read a journey the way the law reads it: by mode, zone, and line crossed. — Minister Destiny Marie Morgan

This is a certificate of educational completion from Minister Destiny Testimony Schools. It is not a state license, a government certification, or legal training for representing anyone.

What's next: Return to the Topic Library for your next Year 1 Foundations unit.

Sources

• United Nations Convention on the Law of the Sea (UNCLOS), adopted 1982 — zones, innocent passage, flag-state rule, Article 101 definition; followed by the U.S. as customary international law.
• Shute, 499 U.S. 585 (U.S. Supreme Court 1991). Said, 680 F.3d 374 (Fourth Circuit 2012), with Dire (Fourth Circuit 2012). Ramsey, 431 U.S. 606 (U.S. Supreme Court 1977).
• Martinez-Fuerte, 428 U.S. 543 (U.S. Supreme Court 1976), with Ortiz (U.S. Supreme Court 1975). Brignoni-Ponce, 422 U.S. 873 (U.S. Supreme Court 1975).
• Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (U.S. Supreme Court 1978) — no inherent tribal jurisdiction over non-Indians absent Congress (https://www.law.cornell.edu/supremecourt/text/435/191). Muse (S.D.N.Y. 2011) — plea and 405-month sentence, Maersk Alabama. (Case names in full in Cases & Codes above.)
• 28 U.S.C. § 1333; 46 U.S.C. § 30104 (Jones Act; text: https://www.govinfo.gov/content/pkg/USCODE-2011-title46/pdf/USCODE-2011-title46-subtitleIII-chap301-sec30104.pdf); 46 U.S.C. §§ 30302–30303 (DOHSA); 46 U.S.C. § 30106; 46 U.S.C. § 3507 (CVSSA); 18 U.S.C. § 1651; 8 U.S.C. § 1324 (all U.S. Code).
• uscourts.gov, fbi.gov, transportation.gov.

Your Progress — On Your Device Only — Traveling by Sea and by Land

• Learning outcomes: On completing this unit, the student can:
• name the sea zones and distinguish flag, port, and coastal state;
• state the Jones Act and DOHSA remedies and the 3-year limit;
• explain the ticket-as-contract rule using Shute;
• state the piracy definition after Said and outline the Muse sentence;
• apply the Ramsey, Martinez-Fuerte, and Brignoni-Ponce standards;
• distinguish smuggling from trafficking.
• Study time: Approximately 1 hour — reading, activities, and the test.
• Assessment: A 10-question test drawn only from this unit's lesson. 80% or higher passes and earns the unit certificate. Answers are not shown; your score is saved only in your own browser on this device, and retakes are allowed.
• Level: Topic Library — Year 1 (Foundations) · Adult school · working rank on completion path: Freshman → Sophomore.
• Version: Version 1.0 — October 2026.

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