USAF First Sergeant Academy

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

2. OVERVIEW • APPREHENSION • PRETRIAL RESTRAINT • UNIT RESPONSIBILITIES People are our business

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

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

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

6. APPREHENSION • 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 business

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

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

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

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

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

12. 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 People are our business

13. PRETRIAL RESTRAINT • CONDITIONS ON LIBERTY • ACTIONS IMPOSED BY ORDERSDIRECTING A PERSON TO DO ORREFRAIN FROM DOING SPECIFIC ACTS People are our business

14. 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 People are our business

15. PRETRIAL 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 business

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

17. PRETRIAL RESTRAINT • PRETRIAL CONFINEMENT • PHYSICAL RESTRAINT, IMPOSED BY ORDER OF COMPETENT AUTHORITY • DEPRIVES A PERSON OF FREEDOM PENDINGDISPOSITION OF OFFENSES People are our business

18. 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 People are our business

19. 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 People are our business

20. 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 People are our business

21. 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 People are our business

22. 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 People are our business

23. 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 People are our business

24. 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. People are our business

25. 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

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

27. SUMMARY • APPREHENSION • PRETRIAL RESTRAINT • UNIT RESPONSIBILITIES People are our business

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

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

30. PROTECTIONS • CONSTITUTION, 4TH AMENDMENT • MCM PART III, M.R.E. 311 - 316 • PRIMARY RULES People are our business

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

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

33. 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 People are our business

34. 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 People are our business

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

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

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

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

39. INSPECTIONS & 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 business

40. 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 People are our business

41. 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 People are our business

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