2. Overview  Inspections  Searches  Apprehension  Pretrial Restraint

3. MP1 INSPECTIONS “…examination of the whole or part of a unit, organization, installation, vessel, aircraft, or vehicle…” M.R.E. 313(b), UCMJ

4.  Authority “…as a commander, military law authorizes you to direct inspections…of persons and property under your command…” --Military Commander and the Law MP1 INSPECTIONS

5.  Requirements and Procedures – Primary Purpose – Reasonable Manner – All inspections done the same – Contraband Prohibited (candles, pets…) Illegal (drugs, bombs…) MP1 INSPECTIONS

6.  What to do if “something” is found: – “Freeze” situation – Do NOT personally investigate – Notify SFS – Statements – JAG – CONTINUE THE INSPECTION MP1 INSPECTIONS

7. MP2 SEARCHES “…examination of a person, property, or premise to uncover evidence of a crime or criminal intent…” -- AFI 31-201

8.  Authorizations – Installation Commanders – Military Magistrates MP2 SEARCHES

9.  Requirements – Probable Cause  Probable Cause Search Procedures MP2 SEARCHES

10.  Lawful Searches NOT requiring Probable Cause – Consensual – Border – Government Property – Lawful Stops – Jails – Entrance/Exit Military Installations Abroad MP2 SEARCHES

11. MP3 APPREHENSIONS “The taking of a person into custody” Article 7, UCMJ

12.  Authority: – Law Enforcement officials – All Commissioned, Warrant, Petty, and Noncommissioned Officers  Probable Cause MP3 APPREHENSIONS

13.  Procedures – Clearly Notify – Reasonable Force – Maintain Custody – Inform member’s commander MP3 APPREHENSIONS

14. MP4 Pretrial Restraint “Moral or physical restraint on a person’s liberty which is imposed before and during disposition of offenses” --- R.C.M. 304, UCMJ

15. REQUIREMENTS  An offense triable by CM has been committed  The person to be restrained committed the offense  Type of restraint is required by the circumstances MP4 Pretrial Restraint

16.  Conditions on Liberty  Restriction in Lieu of Arrest *  Arrest *  Pretrial Confinement * *Begins 120 day speedy trial clock MP4 Pretrial Restraint

17.  May be imposed by: – Commissioned Officer – Commanding Officer – A Commander may delegate to Warrant, Petty and Noncommissioned Officers. MP4 Pretrial Restraint

18. MP 5 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

19. Summary Inspections Searches Apprehension Pretrial Restraint