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People are our People are our
businessbusiness
USAF First Sergeant AcademyUSAF First Sergeant Academy
APPREHENSION
AND
PRETRIAL RESTRAINT Reference: Manual for Courts-
Martial
People are our People are our
businessbusiness
OVERVIEW
APPREHENSION PRETRIAL RESTRAINT UNIT RESPONSIBILITIES
People are our People are our
businessbusiness
APPREHENSIONAPPREHENSION
IN THE MILITARY, APPREHENSION MEANS TO
TAKE SOMEONE INTO CUSTODY.
People are our People are our
businessbusiness
APPREHENSIONAPPREHENSION
COMPARABLE TO CIVILIAN ARREST
APPREHENSION REQUIRES PROBABLE CAUSE
NOT THE SAME AS DETENTION FOR INVESTIGATIVE PURPOSES
People are our People are our
businessbusiness
APPREHENSIONAPPREHENSION
WHO MAY BE APPREHENDEDAUTHORITY TO APPREHENDWHEN IN EXECUTION OF
DUTIES
People are our People are our
businessbusiness
APPREHENSIONAPPREHENSION
OFFICERS MAY BE APPREHENDED:– PURSUANT TO AN ORDER BY ANOTHER
OFFICER– TO PREVENT DISGRACE – TO PREVENT ESCAPE AFTER COMMISSION
OF A SERIOUS OFFENSE
People are our People are our
businessbusiness
APPREHENSIONAPPREHENSION
APPREHENSION PROCEDURES:– IDENTIFY YOURSELF– CLEARLY NOTIFY THE PERSON– USE OF FORCE– SECURE CUSTODY– REQUIRED NOTIFICATIONS
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
PRETRIAL RESTRAINT IS MORAL OR PHYSICAL RESTRAINT ON A
PERSON’S LIBERTY BEFORE AND DURING DISPOSITION OF
OFFENSES .
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
PRETRIAL RESTRAINT MAYBE IMPOSED ON ANYONE
SUBJECT TO THE UCMJ AND MUST BE BASED ON PROBABLE CAUSE
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
PRETRIAL RESTRAINT CONSISTS OF:– CONDITIONS OF LIBERTY– RESTRICTION IN LIEU OF ARREST– ARREST– PRETRIAL CONFINEMENT
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
AUTHORITY TO IMPOSE PRETRIAL RESTRAINT– COMMANDING OFFICER– COMMISSIONED OFFICER– A COMMANDER MAY DELEGATE TO
WARRANT, PETTY, AND NONCOMMISSIONED OFFICERS
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL 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
People are our People are our
businessbusiness
PRETRIAL RESTRAINT
CONDITIONS ON LIBERTY– ACTIONS IMPOSED BY ORDERS
DIRECTING A PERSON TO DO ORREFRAIN FROM DOING SPECIFIC ACTS
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
RESTRICTION IN LIEU OF ARREST AND A ARREST:– TWO TYPES OF RESTRAINTS
IMPOSED ON A PERSON BY VERBAL OR WRITTEN ORDERS, DIRECTING THAT PERSON TO REMAIN WITHIN SPECIFIED LIMITS
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
RESTRICTION IN LIEU OF ARREST– A LESS SEVERE RESTRAINT THAN
ARREST– UNLESS OTHERWISE SPECIFIED,
THE RESTRAINED PERSON PERFORMS FULL MILITARY DUTIES
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
ARREST– MORAL RESTRAINT
– PERSON MAY NOT BE REQUIRED TO PERFORM FULL MILITARY DUTIES
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
PRETRIAL CONFINEMENT– PHYSICAL RESTRAINT, IMPOSED
BY ORDER OF COMPETENT AUTHORITY
– DEPRIVES A PERSON OF FREEDOM PENDINGDISPOSITION OF OFFENSES
People are our People are our
businessbusiness
PRETRIAL RESTRIANTPRETRIAL RESTRIANT
PRETRIAL CONFINEMENT MAY BE ORDERED WHEN– AN OFFENSE TRIABLE BY COURT-
MARTIAL HAS BEEN COMMITTED – THE PERSON TO BE CONFINED
COMMITTED IT – CONFINEMENT IS REQUIRED BY
CIRCUMSTANCES
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
PRETRIAL CONFINEMENT REVIEW PROCEDURES– IF ANYONE OTHER THAN THE
PERSON’S COMMANDER ORDERS PRETRIAL CONFINEMENT, THE COMMANDER MUST BE NOTIFIED WITHIN 24 HOURS
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL 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
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL 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
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL 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
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL RESTRAINT
PRETRIAL CONFINEMENT REVIEW PROCEDURES– IF THE REVIEW OFFICER CONTINUES
THE CONFINEMENT, ONLY THE CONVENING AUTHORITY OR JUDGE MAY RELEASE THE PERSON FROM CONFINEMENT
People are our People are our
businessbusiness
PRETRIAL RESTRAINTPRETRIAL 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 CONFINEMENTPRETRIAL CONFINEMENT
INC
IDE
NT
, PR
ET
RIA
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CO
NF
INE
ME
NT
OR
DE
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D
24HRS
NO
TIF
Y
CO
MM
AN
DE
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48HRS
PR
ET
RIA
L
RE
VIE
W
72 HRS
CO
MM
AN
DE
R C
ON
TIN
UA
TIO
N
DE
CIS
ION
7-10DAYS
2ND
PR
ET
RIA
L
RE
VIE
W
120DAYS
MU
ST
GO
TO
T
RIA
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People are our People are our
businessbusiness
UNIT RESPONSIBILITIES
ESCORTS
ORDERS, TRANSPORTATION REQUESTS
VISITS
People are our People are our
businessbusiness
SUMMARY
APPREHENSIONPRETRIAL RESTRAINTUNIT RESPONSIBILITIES
People are our People are our
businessbusiness
USAF First Sergeant AcademyUSAF First Sergeant Academy
SEARCH AND SEIZURE
Reference: Manual for Courts-Martial
People are our People are our
businessbusiness
OVERVIEWOVERVIEW
PROTECTIONS TERMS LAWFUL SEARCHES &
TECHNICALITIES INSPECTIONS & SEARCHES
People are our People are our
businessbusiness
PROTECTIONSPROTECTIONS
CONSTITUTION, 4TH AMENDMENT
MCM PART III, M.R.E. 311 - 316–PRIMARY RULES
People are our People are our
businessbusiness
TERMSTERMS
SEARCH SEIZURE ZONE OF PRIVACY EVIDENCE PROBABLE CAUSE
People are our People are our
businessbusiness
LAWFUL SEARCHES & LAWFUL SEARCHES & TECHNICALITIESTECHNICALITIES
AUTHORIZATION (AF FORM 1176) INDIVIDUAL CONSENT (AF FORM 1364) LAWFUL APPREHENSION OPEN FIELDS OR WOODLANDS PLAIN VIEW DOCTRINE ABANDONED PROPERTY
People are our People are our
businessbusiness
INSPECTIONS & SEARCHESINSPECTIONS & 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
People are our People are our
businessbusiness
INSPECTIONS & SEARCHESINSPECTIONS & SEARCHES
INSPECTIONS – MAY OBTAIN BODY FLUIDS, SUCH AS
URINE– MAY SEIZE UNLAWFUL WEAPONS,
CONTRABAND, OR OTHER EVIDENCE OF A CRIME LOCATED DURING THE INSPECTION
People are our People are our
businessbusiness
INSPECTIONS & SEARCHESINSPECTIONS & SEARCHESINSPECTIONS
– THE PRIMARY PURPOSE IS NOT TO OBTAIN EVIDENCE
– GOVERNMENT BEARS BURDEN OF PROOF
– COMMANDERS MUST BE PREPARED TO JUSTIFY & TESTIFY
People are our People are our
businessbusiness
INSPECTIONS & SEARCHESINSPECTIONS & SEARCHES
INSPECTIONS– CONDUCTED REASONABLY
– REASONABLE NATURAL OR TECHNICAL AIDS MAY BE USED
– WITH OR WITHOUT NOTICE
People are our People are our
businessbusiness
INSPECTIONS & SEARCHESINSPECTIONS & SEARCHES
DORMITORY INSPECTIONS– M.R.E. 313(b)
– “SHAKEDOWN” ILLEGAL
– RULES MUST BE FOLLOWED
– NOT ON HEELS OF SIGNIFICANT EVENT
People are our People are our
businessbusiness
INSPECTIONS & SEARCHESINSPECTIONS & SEARCHES
DORMITORY INSPECTIONS– INSPECT ALL ROOMS THE SAME
– STOP INSPECTION IF EVIDENCE IS FOUND
– COMPLETE DORM INSPECTION
People are our People are our
businessbusiness
INSPECTIONS & SEARCHESINSPECTIONS & SEARCHES
GATE INSPECTIONS– M.R.E. 313 (b) AND 314 (c)
– INSTALLATION COMMANDER
– MILITARY WORKING DOGS MAY BE USED
– EVIDENCE IS ADMISSIBLE
People are our People are our
businessbusiness
INSPECTIONS & SEARCHESINSPECTIONS & 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
People are our People are our
businessbusiness
INSPECTIONS & SEARCHESINSPECTIONS & SEARCHES BLOOD ALCOHOL TESTINGBLOOD ALCOHOL TESTING
– PROBABLE CAUSE (SEARCH) - UCMJ PROBABLE CAUSE (SEARCH) - UCMJ ACTIONACTION
– CONSENT (SEARCH) - UCMJ ACTIONCONSENT (SEARCH) - UCMJ ACTION– IMPLIED CONSENT (SEARCH) - UCMJ IMPLIED CONSENT (SEARCH) - UCMJ
ACTIONACTION
– MEDICAL (SEARCH) - UCMJ ACTIONMEDICAL (SEARCH) - UCMJ ACTION– CC DIRECTED (SEARCH) - NO UCMJ ACTIONCC DIRECTED (SEARCH) - NO UCMJ ACTION
People are our People are our
businessbusiness
SUMMARYSUMMARY
PROTECTIONS TERMS LAWFUL SEARCHES &
TECHNICALITIES INSPECTIONS & SEARCHES
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