People are our business USAF First Sergeant Academy APPREHENSION AND PRETRIAL RESTRAINT Reference: Manual for Courts-Martial

People are our People are our

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USAF First Sergeant AcademyUSAF 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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APPREHENSIONAPPREHENSION

IN THE MILITARY, APPREHENSION MEANS TO

TAKE SOMEONE INTO CUSTODY.


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COMPARABLE TO CIVILIAN ARREST

APPREHENSION REQUIRES PROBABLE CAUSE

NOT THE SAME AS DETENTION FOR INVESTIGATIVE PURPOSES


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WHO MAY BE APPREHENDEDAUTHORITY TO APPREHENDWHEN IN EXECUTION OF

DUTIES


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


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PRETRIAL RESTRAINTPRETRIAL 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 MAYBE IMPOSED ON ANYONE

SUBJECT TO THE UCMJ AND MUST BE BASED ON PROBABLE CAUSE


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


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AUTHORITY TO IMPOSE PRETRIAL RESTRAINT– COMMANDING OFFICER– COMMISSIONED OFFICER– A COMMANDER MAY DELEGATE TO

WARRANT, PETTY, AND NONCOMMISSIONED OFFICERS


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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 ORREFRAIN FROM DOING SPECIFIC ACTS


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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


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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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ARREST– MORAL RESTRAINT

– PERSON MAY NOT BE REQUIRED TO PERFORM FULL MILITARY DUTIES


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PRETRIAL CONFINEMENT– PHYSICAL RESTRAINT, IMPOSED

BY ORDER OF COMPETENT AUTHORITY

– DEPRIVES A PERSON OF FREEDOM PENDINGDISPOSITION OF OFFENSES


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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


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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 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 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 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 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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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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UNIT RESPONSIBILITIES

ESCORTS

ORDERS, TRANSPORTATION REQUESTS

VISITS


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SUMMARY

APPREHENSIONPRETRIAL RESTRAINTUNIT RESPONSIBILITIES


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USAF First Sergeant AcademyUSAF First Sergeant Academy

SEARCH AND SEIZURE

Reference: Manual for Courts-Martial


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OVERVIEWOVERVIEW

PROTECTIONS TERMS LAWFUL SEARCHES &

TECHNICALITIES INSPECTIONS & SEARCHES


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PROTECTIONSPROTECTIONS

CONSTITUTION, 4TH AMENDMENT

MCM PART III, M.R.E. 311 - 316–PRIMARY RULES


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TERMSTERMS

SEARCH SEIZURE ZONE OF PRIVACY EVIDENCE PROBABLE CAUSE


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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


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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


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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 & SEARCHESINSPECTIONS & SEARCHESINSPECTIONS

– 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– CONDUCTED REASONABLY

– REASONABLE NATURAL OR TECHNICAL AIDS MAY BE USED

– WITH OR WITHOUT NOTICE


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DORMITORY INSPECTIONS– M.R.E. 313(b)

– “SHAKEDOWN” ILLEGAL

– RULES MUST BE FOLLOWED

– NOT ON HEELS OF SIGNIFICANT EVENT


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DORMITORY INSPECTIONS– INSPECT ALL ROOMS THE SAME

– STOP INSPECTION IF EVIDENCE IS FOUND

– COMPLETE DORM INSPECTION


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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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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 & 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


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SUMMARYSUMMARY

PROTECTIONS TERMS LAWFUL SEARCHES &

TECHNICALITIES INSPECTIONS & SEARCHES

Documents

People are our business USAF First Sergeant Academy APPREHENSION AND PRETRIAL RESTRAINT Reference: Manual for Courts-Martial