Transcript APPREHENSION AND PRETRIAL RESTRAINT USAF First Sergeant Academy

USAF First Sergeant Academy
APPREHENSION
AND
PRETRIAL RESTRAINT
Reference: Manual for Courts-Martial
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OVERVIEW
APPREHENSION
 PRETRIAL RESTRAINT
 UNIT RESPONSIBILITIES

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APPREHENSION
IN THE MILITARY,
APPREHENSION MEANS TO
TAKE SOMEONE INTO
CUSTODY.
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APPREHENSION
COMPARABLE TO CIVILIAN
ARREST
APPREHENSION REQUIRES
PROBABLE CAUSE
NOT THE SAME AS DETENTION FOR
INVESTIGATIVE PURPOSES
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APPREHENSION
WHO MAY BE APPREHENDED
AUTHORITY TO APPREHEND
WHEN IN EXECUTION OF
DUTIES
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APPREHENSION
OFFICERS MAY BE APPREHENDED:
– PURSUANT TO AN ORDER BY ANOTHER
OFFICER
– TO PREVENT DISGRACE
– TO PREVENT ESCAPE AFTER COMMISSION
OF A SERIOUS OFFENSE
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APPREHENSION
APPREHENSION PROCEDURES:
– IDENTIFY YOURSELF
– CLEARLY NOTIFY THE PERSON
– USE OF FORCE
– SECURE CUSTODY
– REQUIRED NOTIFICATIONS
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PRETRIAL RESTRAINT
PRETRIAL RESTRAINT IS MORAL
OR PHYSICAL RESTRAINT ON A
PERSON’S LIBERTY BEFORE
AND DURING DISPOSITION OF
OFFENSES .
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PRETRIAL RESTRAINT
PRETRIAL RESTRAINT MAYBE
IMPOSED ON ANYONE
SUBJECT TO THE UCMJ AND
MUST BE BASED ON
PROBABLE CAUSE
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PRETRIAL RESTRAINT
PRETRIAL RESTRAINT
CONSISTS OF:
– CONDITIONS OF LIBERTY
– RESTRICTION IN LIEU OF ARREST
– ARREST
– PRETRIAL CONFINEMENT
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PRETRIAL RESTRAINT
AUTHORITY TO IMPOSE
PRETRIAL RESTRAINT
– COMMANDING OFFICER
– COMMISSIONED OFFICER
– A COMMANDER MAY DELEGATE TO
WARRANT, PETTY, AND
NONCOMMISSIONED OFFICERS
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PRETRIAL RESTRAINT
PROCEDURES
– 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
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PRETRIAL RESTRAINT
CONDITIONS ON LIBERTY
– ACTIONS IMPOSED BY ORDERS
DIRECTING A PERSON TO DO OR
REFRAIN FROM DOING SPECIFIC
ACTS
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PRETRIAL RESTRAINT
RESTRICTION IN LIEU OF
ARREST AND ARREST:
– TWO TYPES OF RESTRAINTS
IMPOSED ON A PERSON BY
VERBAL OR WRITTEN ORDERS,
DIRECTING THAT PERSON TO
REMAIN WITHIN SPECIFIED LIMITS
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PRETRIAL RESTRAINT
RESTRICTION IN LIEU OF
ARREST
– A LESS SEVERE RESTRAINT THAN
ARREST
– UNLESS OTHERWISE SPECIFIED,
THE RESTRAINED PERSON
PERFORMS FULL MILITARY DUTIES
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PRETRIAL RESTRAINT
ARREST
– MORAL RESTRAINT
– PERSON MAY NOT BE REQUIRED
TO PERFORM FULL MILITARY
DUTIES
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PRETRIAL RESTRAINT
PRETRIAL CONFINEMENT
– PHYSICAL RESTRAINT, IMPOSED
BY ORDER OF COMPETENT
AUTHORITY
– DEPRIVES A PERSON OF
FREEDOM PENDING
DISPOSITION OF OFFENSES
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PRETRIAL RESTRIANT
PRETRIAL 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
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PRETRIAL RESTRAINT
PRETRIAL CONFINEMENT
REVIEW PROCEDURES
– IF ANYONE OTHER THAN THE
PERSON’S COMMANDER ORDERS
PRETRIAL CONFINEMENT, THE
COMMANDER MUST BE NOTIFIED
WITHIN 24 HOURS
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PRETRIAL RESTRAINT
PRETRIAL 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
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PRETRIAL RESTRAINT
PRETRIAL 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
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PRETRIAL RESTRAINT
PRETRIAL CONFINEMENT REVIEW
PROCEDURES
– IF COMMANDER CONTINUES THE
CONFINEMENT, BY 7TH DAY OF
CONFINEMENT (MAY BE EXTENDED TO 10
DAYS), A REVIEW OFFICER INVESTIGATES
AND DETERMINES IF CONTINUED
CONFINEMENT IS REQUIRED
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PRETRIAL RESTRAINT
PRETRIAL CONFINEMENT
REVIEW PROCEDURES
– IF THE REVIEW OFFICER CONTINUES
THE CONFINEMENT, ONLY THE
CONVENING AUTHORITY OR JUDGE
MAY RELEASE THE PERSON FROM
CONFINEMENT
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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.
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PRETRIAL CONFINEMENT
120
DAYS
MUST GO TO TRIAL
NOTIFY COMMANDER
PRETRIAL REVIEW
COMMANDER CONTINUATION DECISION
2ND PRETRIAL REVIEW
72
HRS
INCIDENT, PRETRIAL CONFINEMENT
ORDERED
48
HRS
7-10
DAYS
24
HRS
0
HR
UNIT RESPONSIBILITIES
ESCORTS
ORDERS, TRANSPORTATION
REQUESTS
VISITS
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SUMMARY
APPREHENSION
PRETRIAL RESTRAINT
UNIT RESPONSIBILITIES
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USAF First Sergeant Academy
SEARCH AND SEIZURE
Reference: Manual for Courts-Martial
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OVERVIEW
PROTECTIONS
 TERMS
 LAWFUL SEARCHES &
TECHNICALITIES
 INSPECTIONS & SEARCHES

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PROTECTIONS
 CONSTITUTION,
4TH AMENDMENT
 MCM PART III, M.R.E. 311 - 316
–PRIMARY RULES
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TERMS
 SEARCH
 SEIZURE
 ZONE OF PRIVACY
 EVIDENCE
 PROBABLE CAUSE
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LAWFUL SEARCHES &
TECHNICALITIES
 AUTHORIZATION (AF FORM 1176)
 INDIVIDUAL CONSENT (AF FORM 1364)
 LAWFUL APPREHENSION
 OPEN FIELDS OR WOODLANDS
 PLAIN VIEW DOCTRINE
 ABANDONED PROPERTY
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INSPECTIONS & SEARCHES
M.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
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INSPECTIONS & SEARCHES
INSPECTIONS
– MAY OBTAIN BODY FLUIDS, SUCH AS
URINE
– MAY SEIZE UNLAWFUL WEAPONS,
CONTRABAND, OR OTHER EVIDENCE
OF A CRIME LOCATED DURING THE
INSPECTION
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INSPECTIONS & SEARCHES
INSPECTIONS
– THE PRIMARY PURPOSE IS NOT TO
OBTAIN EVIDENCE
– GOVERNMENT BEARS BURDEN OF
PROOF
– COMMANDERS MUST BE PREPARED
TO JUSTIFY & TESTIFY
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INSPECTIONS & SEARCHES
INSPECTIONS
– CONDUCTED REASONABLY
– REASONABLE NATURAL OR
TECHNICAL AIDS MAY BE USED
– WITH OR WITHOUT NOTICE
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INSPECTIONS & SEARCHES
DORMITORY INSPECTIONS
– M.R.E. 313(b)
– “SHAKEDOWN” ILLEGAL
– RULES MUST BE FOLLOWED
– NOT ON HEELS OF SIGNIFICANT EVENT
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INSPECTIONS & SEARCHES
DORMITORY INSPECTIONS
– INSPECT ALL ROOMS THE SAME
– STOP INSPECTION IF EVIDENCE IS
FOUND
– COMPLETE DORM INSPECTION
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INSPECTIONS & SEARCHES
GATE INSPECTIONS
– M.R.E. 313 (b) AND 314 (c)
– INSTALLATION COMMANDER
– MILITARY WORKING DOGS MAY BE USED
– EVIDENCE IS ADMISSIBLE
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INSPECTIONS & SEARCHES
URINALYSIS TESTING
– RANDOM (INSPECTION) - UCMJ ACTION
– CONSENT (SEARCH) - UCMJ ACTION
– PROBABLE CAUSE (SEARCH) - UCMJ
ACTION
– MEDICAL (SEARCH) - UCMJ ACTION
– CC DIRECTED (SEARCH) - NO UCMJ ACTION
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INSPECTIONS & SEARCHES

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
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SUMMARY
PROTECTIONS
 TERMS
 LAWFUL SEARCHES &
TECHNICALITIES
 INSPECTIONS & SEARCHES

People are our business