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

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People are our business USAF First Sergeant Academy SEARCH AND SEIZURE Reference: Manual for Courts-Martial.

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Presentation on theme: "People are our business USAF First Sergeant Academy APPREHENSION AND PRETRIAL RESTRAINT Reference: Manual for Courts-Martial."— Presentation transcript:

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

2 People are our business OVERVIEW APPREHENSION PRETRIAL RESTRAINT UNIT RESPONSIBILITIES

3 People are our business APPREHENSION IN THE MILITARY, APPREHENSION MEANS TO TAKE SOMEONE INTO CUSTODY.

4 People are our business APPREHENSION COMPARABLE TO CIVILIAN ARREST APPREHENSION REQUIRES PROBABLE CAUSE NOT THE SAME AS DETENTION FOR INVESTIGATIVE PURPOSES

5 People are our business APPREHENSION WHO MAY BE APPREHENDED AUTHORITY TO APPREHEND WHEN IN EXECUTION OF DUTIES

6 People are our business APPREHENSION OFFICERS MAY BE APPREHENDED: –PURSUANT TO AN ORDER BY ANOTHER OFFICER –TO PREVENT DISGRACE –TO PREVENT ESCAPE AFTER COMMISSION OF A SERIOUS OFFENSE

7 People are our business APPREHENSION APPREHENSION PROCEDURES: –IDENTIFY YOURSELF –CLEARLY NOTIFY THE PERSON –USE OF FORCE –SECURE CUSTODY –REQUIRED NOTIFICATIONS

8 People are our business PRETRIAL RESTRAINT PRETRIAL RESTRAINT IS MORAL OR PHYSICAL RESTRAINT ON A PERSONS LIBERTY BEFORE AND DURING DISPOSITION OF OFFENSES.

9 People are our business PRETRIAL RESTRAINT PRETRIAL RESTRAINT MAYBE IMPOSED ON ANYONE SUBJECT TO THE UCMJ AND MUST BE BASED ON PROBABLE CAUSE

10 People are our business PRETRIAL RESTRAINT PRETRIAL RESTRAINT CONSISTS OF: –CONDITIONS OF LIBERTY –RESTRICTION IN LIEU OF ARREST –ARREST –PRETRIAL CONFINEMENT

11 People are our business PRETRIAL RESTRAINT AUTHORITY TO IMPOSE PRETRIAL RESTRAINT –COMMANDING OFFICER –COMMISSIONED OFFICER –A COMMANDER MAY DELEGATE TO WARRANT, PETTY, AND NONCOMMISSIONED OFFICERS

12 People are our business 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

13 People are our business PRETRIAL RESTRAINT CONDITIONS ON LIBERTY –ACTIONS IMPOSED BY ORDERS DIRECTING A PERSON TO DO OR REFRAIN FROM DOING SPECIFIC ACTS

14 People are our business PRETRIAL RESTRAINT A 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

15 People are our business PRETRIAL RESTRAINT RESTRICTION IN LIEU OF ARREST –A LESS SEVERE RESTRAINT THAN ARREST –UNLESS OTHERWISE SPECIFIED, THE RESTRAINED PERSON PERFORMS FULL MILITARY DUTIES

16 People are our business PRETRIAL RESTRAINT ARREST –MORAL RESTRAINT –PERSON MAY NOT BE REQUIRED TO PERFORM FULL MILITARY DUTIES

17 People are our business PRETRIAL RESTRAINT PRETRIAL CONFINEMENT –PHYSICAL RESTRAINT, IMPOSED BY ORDER OF COMPETENT AUTHORITY –DEPRIVES A PERSON OF FREEDOM PENDING DISPOSITION OF OFFENSES

18 People are our business PRETRIAL 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

19 People are our business PRETRIAL RESTRAINT PRETRIAL CONFINEMENT REVIEW PROCEDURES –IF ANYONE OTHER THAN THE PERSONS COMMANDER ORDERS PRETRIAL CONFINEMENT, THE COMMANDER MUST BE NOTIFIED WITHIN 24 HOURS

20 People are our business 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

21 People are our business 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

22 People are our business 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

23 People are our business 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

24 People are our business 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.

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

26 People are our business UNIT RESPONSIBILITIES ESCORTS ORDERS, TRANSPORTATION REQUESTS VISITS

27 People are our business SUMMARY APPREHENSION PRETRIAL RESTRAINT UNIT RESPONSIBILITIES

28 People are our business USAF First Sergeant Academy SEARCH AND SEIZURE Reference: Manual for Courts-Martial

29 People are our business OVERVIEW PROTECTIONS TERMS LAWFUL SEARCHES & TECHNICALITIES INSPECTIONS & SEARCHES

30 People are our business PROTECTIONS ã CONSTITUTION, 4TH AMENDMENT ã MCM PART III, M.R.E –PRIMARY RULES

31 People are our business TERMS ã SEARCH ã SEIZURE ã ZONE OF PRIVACY ã EVIDENCE ã PROBABLE CAUSE

32 People are our business LAWFUL SEARCHES & TECHNICALITIES AUTHORIZATION (AF FORM 1176) INDIVIDUAL CONSENT (AF FORM 1364) LAWFUL APPREHENSION OPEN FIELDS OR WOODLANDS PLAIN VIEW DOCTRINE ABANDONED PROPERTY

33 People are our business 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

34 People are our business 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

35 People are our business INSPECTIONS & SEARCHES INSPECTIONS –THE PRIMARY PURPOSE IS NOT TO OBTAIN EVIDENCE –GOVERNMENT BEARS BURDEN OF PROOF –COMMANDERS MUST BE PREPARED TO JUSTIFY & TESTIFY

36 People are our business INSPECTIONS & SEARCHES INSPECTIONS –CONDUCTED REASONABLY –REASONABLE NATURAL OR TECHNICAL AIDS MAY BE USED –WITH OR WITHOUT NOTICE

37 People are our business INSPECTIONS & SEARCHES DORMITORY INSPECTIONS –M.R.E. 313(b) –SHAKEDOWN ILLEGAL –RULES MUST BE FOLLOWED –NOT ON HEELS OF SIGNIFICANT EVENT

38 People are our business INSPECTIONS & SEARCHES DORMITORY INSPECTIONS –INSPECT ALL ROOMS THE SAME –STOP INSPECTION IF EVIDENCE IS FOUND –COMPLETE DORM INSPECTION

39 People are our business INSPECTIONS & SEARCHES GATE INSPECTIONS –M.R.E. 313 (b) AND 314 (c) –INSTALLATION COMMANDER –MILITARY WORKING DOGS MAY BE USED –EVIDENCE IS ADMISSIBLE

40 People are our business 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

41 People are our business INSPECTIONS & SEARCHES BLOOD ALCOHOL TESTING 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

42 People are our business SUMMARY PROTECTIONS TERMS LAWFUL SEARCHES & TECHNICALITIES INSPECTIONS & SEARCHES


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