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USAF First Sergeant Academy. APPREHENSION AND PRETRIAL RESTRAINT Reference: Manual for Courts-Martial. OVERVIEW. APPREHENSION PRETRIAL RESTRAINT UNIT RESPONSIBILITIES. APPREHENSION. IN THE MILITARY, APPREHENSION MEANS TO TAKE SOMEONE INTO CUSTODY. APPREHENSION.

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usaf first sergeant academy
USAF First Sergeant Academy

APPREHENSION

AND

PRETRIAL RESTRAINT

Reference: Manual for Courts-Martial

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overview
OVERVIEW
  • APPREHENSION
  • PRETRIAL RESTRAINT
  • UNIT RESPONSIBILITIES

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apprehension
APPREHENSION

IN THE MILITARY, APPREHENSION MEANS TO TAKE SOMEONE INTO CUSTODY.

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apprehension4
APPREHENSION
  • COMPARABLE TO CIVILIAN ARREST
  • APPREHENSION REQUIRES PROBABLE CAUSE
  • NOT THE SAME AS DETENTION FOR INVESTIGATIVE PURPOSES

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apprehension5
APPREHENSION
  • WHO MAY BE APPREHENDED
  • AUTHORITY TO APPREHEND
  • WHEN IN EXECUTION OF DUTIES

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apprehension6
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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apprehension7
APPREHENSION
  • APPREHENSION PROCEDURES:
    • IDENTIFY YOURSELF
    • CLEARLY NOTIFY THE PERSON
    • USE OF FORCE
    • SECURE CUSTODY
    • REQUIRED NOTIFICATIONS

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pretrial restraint
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 restraint9
PRETRIAL RESTRAINT

PRETRIAL RESTRAINTMAYBE IMPOSED ON ANYONE SUBJECT TO THE UCMJ AND MUST BE BASED ON PROBABLE CAUSE

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pretrial restraint10
PRETRIAL RESTRAINT
  • PRETRIAL RESTRAINT CONSISTS OF:
    • CONDITIONS OF LIBERTY
    • RESTRICTION IN LIEU OF ARREST
    • ARREST
    • PRETRIAL CONFINEMENT

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pretrial restraint11
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 restraint12
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 restraint13
PRETRIAL RESTRAINT
  • CONDITIONS ON LIBERTY
    • ACTIONS IMPOSED BY ORDERSDIRECTING A PERSON TO DO ORREFRAIN FROM DOING SPECIFIC ACTS

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pretrial restraint14
PRETRIAL RESTRAINT
  • RESTRICTION IN LIEU OF ARREST AND ARREST:
    • TWO TYPES OF RESTRAINTSIMPOSED ON A PERSON BY VERBAL OR WRITTEN ORDERS, DIRECTING THAT PERSON TO REMAIN WITHIN SPECIFIED LIMITS

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pretrial restraint15
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 restraint16
PRETRIAL RESTRAINT
  • ARREST
    • MORAL RESTRAINT
    • PERSON MAY NOT BE REQUIRED TO PERFORM FULL MILITARY DUTIES

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pretrial restraint17
PRETRIAL RESTRAINT
  • PRETRIAL CONFINEMENT
    • PHYSICAL RESTRAINT, IMPOSED BY ORDER OF COMPETENT AUTHORITY
    • DEPRIVES A PERSON OF FREEDOM PENDINGDISPOSITION OF OFFENSES

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pretrial restriant
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

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pretrial restraint19
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 restraint20
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 restraint21
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 restraint22
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 restraint23
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 restraint24
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
PRETRIAL CONFINEMENT

0

HR

24

HRS

48

HRS

72

HRS

7-10

DAYS

120

DAYS

NOTIFY COMMANDER

PRETRIAL REVIEW

2ND PRETRIAL REVIEW

INCIDENT, PRETRIAL CONFINEMENT

ORDERED

COMMANDER CONTINUATION DECISION

MUST GO TO TRIAL

unit responsibilities
UNIT RESPONSIBILITIES
  • ESCORTS
  • ORDERS, TRANSPORTATION REQUESTS
  • VISITS

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summary
SUMMARY
  • APPREHENSION
  • PRETRIAL RESTRAINT
  • UNIT RESPONSIBILITIES

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usaf first sergeant academy28
USAF First Sergeant Academy

SEARCH AND SEIZURE

Reference: Manual for Courts-Martial

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overview29
OVERVIEW
  • PROTECTIONS
  • TERMS
  • LAWFUL SEARCHES & TECHNICALITIES
  • INSPECTIONS & SEARCHES

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protections
PROTECTIONS
  • CONSTITUTION, 4TH AMENDMENT
  • MCM PART III, M.R.E. 311 - 316
    • PRIMARY RULES

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terms
TERMS
  • SEARCH
  • SEIZURE
  • ZONE OF PRIVACY
  • EVIDENCE
  • PROBABLE CAUSE

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lawful searches technicalities
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
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 searches34
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 searches35
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 searches36
INSPECTIONS & SEARCHES
  • INSPECTIONS
    • CONDUCTED REASONABLY
    • REASONABLE NATURALOR TECHNICAL AIDS MAY BE USED
    • WITH OR WITHOUT NOTICE

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inspections searches37
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 searches38
INSPECTIONS & SEARCHES
  • DORMITORY INSPECTIONS
    • INSPECT ALL ROOMS THE SAME
    • STOP INSPECTION IF EVIDENCE IS FOUND
    • COMPLETE DORM INSPECTION

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inspections searches39
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 searches40
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 searches41
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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summary42
SUMMARY
  • PROTECTIONS
  • TERMS
  • LAWFUL SEARCHES & TECHNICALITIES
  • INSPECTIONS & SEARCHES

People are our business