USAF First Sergeant Academy APPREHENSION AND PRETRIAL RESTRAINT

USAF First Sergeant Academy APPREHENSION AND PRETRIAL RESTRAINT Reference: Manual for Courts-Martial

OVERVIEW APPREHENSION Ø PRETRIAL RESTRAINT Ø UNIT RESPONSIBILITIES Ø

APPREHENSION IN THE MILITARY, APPREHENSION MEANS TO TAKE SOMEONE INTO CUSTODY.

APPREHENSION Ø COMPARABLE TO CIVILIAN ARREST Ø APPREHENSION REQUIRES PROBABLE CAUSE Ø NOT THE SAME AS DETENTION FOR INVESTIGATIVE PURPOSES

APPREHENSION ØWHO MAY BE APPREHENDED ØAUTHORITY TO APPREHEND ØWHEN IN EXECUTION OF DUTIES

APPREHENSION ØOFFICERS MAY BE APPREHENDED: – PURSUANT TO AN ORDER BY ANOTHER OFFICER – TO PREVENT DISGRACE – TO PREVENT ESCAPE AFTER COMMISSION OF A SERIOUS OFFENSE

APPREHENSION ØAPPREHENSION PROCEDURES: – IDENTIFY YOURSELF – CLEARLY NOTIFY THE PERSON – USE OF FORCE – SECURE CUSTODY – REQUIRED NOTIFICATIONS

PRETRIAL RESTRAINT IS MORAL OR PHYSICAL RESTRAINT ON A PERSON’S LIBERTY BEFORE AND DURING DISPOSITION OF OFFENSES.

PRETRIAL RESTRAINT MAYBE IMPOSED ON ANYONE SUBJECT TO THE UCMJ AND MUST BE BASED ON PROBABLE CAUSE

PRETRIAL RESTRAINT ØPRETRIAL RESTRAINT CONSISTS OF: – CONDITIONS OF LIBERTY – RESTRICTION IN LIEU OF ARREST – PRETRIAL CONFINEMENT

PRETRIAL RESTRAINT ØAUTHORITY TO IMPOSE PRETRIAL RESTRAINT – COMMANDING OFFICER – COMMISSIONED OFFICER – A COMMANDER MAY DELEGATE TO WARRANT, PETTY, AND NONCOMMISSIONED OFFICERS

PRETRIAL RESTRAINT ØPROCEDURES – EXCEPT FOR CONFINEMENT, IS IMPOSED BY AN ORDER, VERBAL OR WRITTEN, SPECIFYING TERMS OR LIMITS – PERSON IS INFORMED OF OFFENSE – ORDER IS DELIVERED BY OR THROUGH ISSUING AUTHORITY

PRETRIAL RESTRAINT ØCONDITIONS ON LIBERTY – ACTIONS IMPOSED BY ORDERS DIRECTING A PERSON TO DO OR REFRAIN FROM DOING SPECIFIC ACTS

PRETRIAL RESTRAINT ØRESTRICTION IN LIEU OF ARREST AND ARREST : A – TWO TYPES OF RESTRAINTS IMPOSED ON A PERSON BY VERBAL OR WRITTEN ORDERS, DIRECTING THAT PERSON TO REMAIN WITHIN SPECIFIED LIMITS

PRETRIAL RESTRAINT ØRESTRICTION IN LIEU OF ARREST – A LESS SEVERE RESTRAINT THAN ARREST – UNLESS OTHERWISE SPECIFIED, THE RESTRAINED PERSON PERFORMS FULL MILITARY DUTIES

PRETRIAL RESTRAINT ØARREST – MORAL RESTRAINT – PERSON MAY NOT BE REQUIRED TO PERFORM FULL MILITARY DUTIES

PRETRIAL RESTRAINT ØPRETRIAL CONFINEMENT – PHYSICAL RESTRAINT, IMPOSED BY ORDER OF COMPETENT AUTHORITY – DEPRIVES A PERSON OF FREEDOM PENDING DISPOSITION OF OFFENSES

PRETRIAL RESTRIANT ØPRETRIAL CONFINEMENT MAY BE ORDERED WHEN – AN OFFENSE TRIABLE BY COURTMARTIAL HAS BEEN COMMITTED – THE PERSON TO BE CONFINED COMMITTED IT – CONFINEMENT IS REQUIRED BY CIRCUMSTANCES

PRETRIAL RESTRAINT ØPRETRIAL CONFINEMENT REVIEW PROCEDURES – IF ANYONE OTHER THAN THE PERSON’S COMMANDER ORDERS PRETRIAL CONFINEMENT, THE COMMANDER MUST BE NOTIFIED WITHIN 24 HOURS

PRETRIAL RESTRAINT ØPRETRIAL CONFINEMENT REVIEW PROCEDURES – NEUTRAL AND DETACHED OFFICER CONDUCTS REVIEW WHETHER TO CONTINUE PRETRIAL CONFINEMENT BASED ON THE ADEQUACY OF PROBABLE CAUSE WITHIN 48 HOURS OF PRETRIAL CONFINEMENT

PRETRIAL RESTRAINT ØPRETRIAL CONFINEMENT REVIEW PROCEDURES – COMMANDER MUST DECIDE WITHIN 72 HOURS WHETHER TO CONTINUE THE CONFINEMENT AND/OR PREFER CHARGES, OR RELEASE THE PERSON – WRITTEN REPORT DUE WITHIN 72 HOURS IF CONFINEMENT CONTINUES

PRETRIAL RESTRAINT ØPRETRIAL CONFINEMENT REVIEW PROCEDURES – IF COMMANDER CONTINUES THE CONFINEMENT, BY 7 TH DAY OF CONFINEMENT (MAY BE EXTENDED TO 10 DAYS), A REVIEW OFFICER INVESTIGATES AND DETERMINES IF CONTINUED CONFINEMENT IS REQUIRED

PRETRIAL RESTRAINT ØPRETRIAL CONFINEMENT REVIEW PROCEDURES – IF THE REVIEW OFFICER CONTINUES THE CONFINEMENT, ONLY THE CONVENING AUTHORITY OR JUDGE MAY RELEASE THE PERSON FROM CONFINEMENT

PRETRIAL RESTRAINT IF A MEMBER IS PLACED IN PRETRIAL CONFINEMENT, OR ARREST, OR RESTRICTION IN LIEU OF ARREST, THE CASE MUST GO TO COURT WITHIN 120 DAYS.

PRETRIAL CONFINEMENT 48 HRS 72 HRS 7 -10 DAYS 120 DAYS NOTIFY COMMANDER PRETRIAL REVIEW COMMANDER CONTINUATION DECISION 2 ND PRETRIAL REVIEW MUST GO TO TRIAL INCIDENT, PRETRIAL CONFINEMENT ORDERED 24 HRS 0 HR

UNIT RESPONSIBILITIES ØESCORTS ØORDERS, TRANSPORTATION REQUESTS ØVISITS

SUMMARY ØAPPREHENSION ØPRETRIAL RESTRAINT ØUNIT RESPONSIBILITIES

USAF First Sergeant Academy SEARCH AND SEIZURE Reference: Manual for Courts-Martial

OVERVIEW PROTECTIONS Ø TERMS Ø LAWFUL SEARCHES & TECHNICALITIES Ø INSPECTIONS & SEARCHES Ø

PROTECTIONS ã CONSTITUTION, 4 TH AMENDMENT ã MCM PART III, M. R. E. 311 - 316 – PRIMARY RULES

TERMS ãSEARCH ãSEIZURE ãZONE OF PRIVACY ãEVIDENCE ãPROBABLE CAUSE

LAWFUL SEARCHES & TECHNICALITIES Ø AUTHORIZATION (AF FORM 1176) Ø Ø Ø INDIVIDUAL CONSENT (AF FORM 1364) LAWFUL APPREHENSION OPEN FIELDS OR WOODLANDS PLAIN VIEW DOCTRINE ABANDONED PROPERTY

INSPECTIONS & SEARCHES ØM. R. E 313(b) INSPECTIONS – THE PRIMARY PURPOSE: • TO DETERMINE AND ENSURE SECURITY, MILITARY FITNESS, OR GOOD ORDER AND DISCIPLINE OF A UNIT, ORGANIZATION, INSTALLATION, VESSEL, AIRCRAFT, OR VEHICLE

INSPECTIONS & SEARCHES ØINSPECTIONS – MAY OBTAIN BODY FLUIDS, SUCH AS URINE – MAY SEIZE UNLAWFUL WEAPONS, CONTRABAND, OR OTHER EVIDENCE OF A CRIME LOCATED DURING THE INSPECTION

INSPECTIONS & SEARCHES ØINSPECTIONS – THE PRIMARY PURPOSE IS NOT TO OBTAIN EVIDENCE – GOVERNMENT BEARS BURDEN OF PROOF – COMMANDERS MUST BE PREPARED TO JUSTIFY & TESTIFY

INSPECTIONS & SEARCHES ØINSPECTIONS – CONDUCTED REASONABLY – REASONABLE NATURAL OR TECHNICAL AIDS MAY BE USED – WITH OR WITHOUT NOTICE

INSPECTIONS & SEARCHES ØDORMITORY INSPECTIONS – M. R. E. 313(b) – “SHAKEDOWN” ILLEGAL – RULES MUST BE FOLLOWED – NOT ON HEELS OF SIGNIFICANT EVENT

INSPECTIONS & SEARCHES ØDORMITORY INSPECTIONS – INSPECT ALL ROOMS THE SAME – STOP INSPECTION IF EVIDENCE IS FOUND – COMPLETE DORM INSPECTION

INSPECTIONS & SEARCHES ØGATE INSPECTIONS – M. R. E. 313 (b) AND 314 (c) – INSTALLATION COMMANDER – MILITARY WORKING DOGS MAY BE USED – EVIDENCE IS ADMISSIBLE

INSPECTIONS & SEARCHES ØURINALYSIS TESTING – RANDOM (INSPECTION) - UCMJ ACTION – CONSENT (SEARCH) - UCMJ ACTION – PROBABLE CAUSE (SEARCH) - UCMJ ACTION – MEDICAL (SEARCH) - UCMJ ACTION – CC DIRECTED (SEARCH) - NO UCMJ ACTION

INSPECTIONS & SEARCHES Ø BLOOD ALCOHOL TESTING – PROBABLE CAUSE (SEARCH) - UCMJ ACTION – CONSENT (SEARCH) - UCMJ ACTION – IMPLIED CONSENT (SEARCH) - UCMJ ACTION – MEDICAL (SEARCH) - UCMJ ACTION – CC DIRECTED (SEARCH) - NO UCMJ ACTION

SUMMARY PROTECTIONS Ø TERMS Ø LAWFUL SEARCHES & TECHNICALITIES Ø INSPECTIONS & SEARCHES Ø