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UNIFORM CODE OF MILITARY JUSTICE

UNIFORM CODE OF MILITARY JUSTICE. CPL 0105. Definitions of Matters relating to Lawful searches. SEARCH PROBABLE CAUSE. SEIZURE. EXCLUSIONARY RULE. FRUITS OF THE POISON TREE. AUTHORIZATION TO SEARCH. SEARCH WARRANT APPREHENSION... ELO 1.

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UNIFORM CODE OF MILITARY JUSTICE

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  1. UNIFORM CODE OF MILITARY JUSTICE CPL 0105

  2. Definitions of Matters relating to Lawful searches • SEARCH • PROBABLE CAUSE. • SEIZURE. • EXCLUSIONARY RULE. • FRUITS OF THE POISON TREE. • AUTHORIZATION TO SEARCH. • SEARCH WARRANT • APPREHENSION... ELO 1

  3. Procedures in Apprehending a Suspect WHO MAY APPREHEND ? COMMISSIONED/WARRANT OFFICERS NONCOMMISSIONED OFFICERS. MILITARY LAW ENFORCEMENT PERSONNEL. IN THE PERFORMANCE OF THEIR DUTIES ELO 2

  4. GROUNDS FOR APPREHENSION • PROBABLE CAUSE TO APPREHEND EXISTS WHEN THERE ARE REASONABLE GROUNDS TO BELIEVE THAT AN OFFENSE HAS BEEN, OR IS BEING COMMITTED, AND THE PERSON TO BE APPREHENDED COMMITTED OR IS COMMITTING IT.

  5. APPREHENSION • Halt the suspect. • Inform the suspect of the reason for apprehension. • Advise the suspect of his/her rights. • Search the suspect

  6. SEARCH THE SUSPECT

  7. SEARCH POSITIONS • 1. KNEELING • REQUIRES SUSPECTS TO BE (2-3) FEET AWAY FROM THE WALL SO THAT THEY ARE OFF BALANCE.

  8. SEARCH POSITIONS • 2. PRONE • THIS POSITION IS DESIRED WHEN SUSPECTS ARE BELIEVED TO BE CONCEALING A WEAPON OR A DANGEROUS OBJECT.

  9. SEARCH POSITIONS • 3. STANDING • REQUIRES SUSPECTS TO STAND FAR FROM A WALL, LEANING FORWARD, WITH THEIR HANDS PLACED ON THE WALL, TO KEEP THEM OFF BALANCE.

  10. SEARCH THE FOLLOWING • Hair. • Armpits. • Inside legs. • Half-clenched hands. • Medical dressings. • Bags or cases carried. • Shoes or boots. • Walking sticks, umbrellas, etc.

  11. TRANSFER THE SUSPECT TO THE APPROPRIATE AUTHORITY

  12. LEGAL SEARCHESELO 3 • A. Search authorized by C.O. • B. Necessity search. • C. Search pursuant to a warrant. • D. Consent search. • E. Search incident to lawful apprehension. • F. Searches of government property...

  13. Search Authorized by C.O. Power to Authorize... Any Commanding Officer Basis for authorization…Probable Cause Scope of the search... Only area that’s suspect Issuing the Authorization to search…In Writing or verbally Conduct of the search...Officer/WO/NCO/M.P.

  14. NECESSITY SEARCH • Basis for the search…probable cause • Search authorization…search warrant N/A • Authority to conduct... Officer/WO/NCO/MP • Burden of proof... Must clearly prove that their was cause to search

  15. SEARCH PURSUANT TO A WARRANT • Military... Authorized by C.O. • Civilian... Issued by a Judge.

  16. CONSENT SEARCH • Basis for search…no probable cause needed • Authority to conduct...Co/WO/NCO/mp • Voluntary requirement…must consent freely • Scope of the consent...Limited…can withdraw • Burden of proof…must prove consent

  17. Search Incident to lawful Apprehension • Basis for search… • Scope of the search…immediate personal surroundings of apprehension • Who may apprehend???

  18. SEARCHES OF GOVERNMENT PROPERTY • Government property can be legally searched without consent or probable cause.

  19. LEGAL OBJECTS OF A SEARCHELO 4 • Instruments of the crime. • Evidence of the crime. • Fruits of the crime. • Contraband...

  20. 10 MINUTEBREAK

  21. INSPECTIONS&INVENTORIES

  22. WHAT IS AN INSPECTION? AN “INSPECTION” IS AN EXAMINATION OF THE WHOLE OR PART OF A UNIT, INSTALLATION, VESSEL, AIRCRAFT, OR VEHICLE, INCLUDING AN EXAMINATION CONDUCTED AT ENTRANCE AND EXIT POINTS. ELO 5

  23. PURPOSE OF AN INSPECTION • AN INSPECTION IS CONDUCTED TO DETERMINE AND ENSURE THE SECURITY, MILITARY FITNESS, OR GOOD ORDER AND DISCIPLINE OF THE UNIT, INSTALLATION, VESSEL, AIRCRAFT OR VEHICLE.

  24. OBJECTIVE OF AN INSPECTION THAT THE COMMAND IS PROPERLY EQUIPPED; FUNCTIONING PROPERLY; MAINTAINING PROPER STANDARDS OF READINESS, SANITATION, AND CLEANLINESS; AND THAT PERSONNEL ARE PRESENT, FIT, AND READY FOR DUTY. AN INSPECTION ALSO INCLUDES AN EXAMINATION TO LOCATE AND CONFISCATE UNLAWFUL WEAPONS AND OTHER CONTRABAND.

  25. LIMITATIONS • What would turn an inspection into a search? • Obtaining evidence for a courtmartial • To locate weapons or contraband • Directly following a specific offense • Different levels of inspection

  26. INSPECTION POLICIES • Publish inspection policy • Schedule inspections • Scope of the inspection

  27. INVENTORIES • An inventory is a survey of items conducted pursuant to the law, regulation or military custom.

  28. PROPERTY/EVIDENCE SUBJECT TO A LAWFUL SEIZUREELO 6 • Probable cause • Power to seize • Seizure of property / evidence • Abandoned property • Government property • Other property

  29. PRESERVING/SAFEGUARDING EVIDENCEELO 7 • Mark the evidence • Maintain the chain of custody

  30. WHAT IS A MINOR OFFENSE? A MINOR OFFENSE IS ONE FOR WHICH THE MAXIMUM SENTENCE , IF TRIED BY GENERAL COURT-MARTIAL, DOES NOT INCLUDE A DISHONORABLE DISCHARGE OR CONFINEMENT OF GREATER THAN ONE YEAR.

  31. ALTERNATIVES TO N.J.P. NCO’S • Verbal reprimand • Extra military instruction

  32. ALTERNATIVES TO N.J.P. Commanding officers • Admin withholding of PRIVILEDGES • Non PUNATIVE censure

  33. VALUE TO THE COMMANDER IT HELPS MAINTAIN GOOD ORDER AND DISCIPLINE.

  34. VALUE TO THE MARINE ENABLES THE MARINE TO MAKE POSITIVE BEHAVIOR CHANGES WITHOUT THE STIGMA OF A COURT-MARTIAL CONVICTION.

  35. COURT-MARTIAL IN LIEU OF NON-JUDICIAL PUNISHMENT BEFORE THE IMPOSITION OF NJP PROCEEDINGS OR PUNISHMENT, THE ACCUSED MAY DEMAND TRIAL BY COURT-MARTIAL IN LIEU OF NJP.

  36. APPEALS • WHAT MAY BE APPEALED • FORMAT FOR APPEALS • TIME LIMIT FOR APPEALS • HOW TO SUBMIT AN APPEAL

  37. WHAT MAY BE APPEALED THE ACCUSED MAY APPEAL THE PUNISHMENT IF THEY CONSIDER IT UNJUST OR DISPROPORTIONATE TO THE OFFENSE.

  38. FORMAT FOR APPEALS SUBMIT A WRITTEN STATEMENTDESCRIBING WHY HE/SHE CONSIDERS THE PUNISHMENT IS UNJUST OR DISPROPORTIONATE.

  39. TIME LIMIT FOR APPEALS THE APPEAL MUST BE SUBMITTED WITHIN FIVE DAYSOF IMPOSITION OF PUNISHMENT.

  40. SUBMITTING AN APPEAL SUBMITTED VIA THE CHAIN OF COMMAND TO THE NEXT SUPERIOR AUTHORITY.

  41. TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJP PUNISHMENT COMPANY GRADE FIELD GRADE & ABOVE CONFINEMENT ON BREAD AND WATER 3 DAYS 3 DAYS MAY ONLY BE IMPOSED AT SEA. MAY NOT BE IMPOSED UPON CORPORAL AND ABOVE (UNLESS REDUCED BELOW CORPORAL AT NJP). MAY NOT BE COMBINED WITH CORRECTIONAL CUSTODY EXTRA DUTIES, OR RESTRICTION.

  42. TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJP PUNISHMENT COMPANY GRADE FIELD GRADE & ABOVE CORRECTIONAL CUSTODY 7 DAYS 30 DAYS MAY NOT BE IMPOSED UPON CORPORAL AND ABOVE. MAY NOT BE COMBINED WITH RESTRICTION OR EXTRA DUTIES.

  43. TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJP PUNISHMENT COMPANY GRADE FIELD GRADE & ABOVE RESTRICTION 14 DAYS 60 DAYS RESTRICTION AND EXTRA DUTIES MAY BE COMBINED TO RUN CONCURRENTLY, BUT THE COMBINATION MAY NOT EXCEED THE MAXIMUM IMPOSABLE FOR EXTRA DUTIES.

  44. TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJP PUNISHMENT COMPANY GRADE FIELD GRADE & ABOVE EXTRA DUTIES 14 DAYS 45 DAYS RESTRICTION AND EXTRA DUTIES MAY BE COMBINED TO RUN CONCURRENTLY, BUT THE COMBINATION MAY NOT EXCEED THE MAXIMUM IMPOSABLE FOR EXTRA DUTIES.

  45. TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJP PUNISHMENT COMPANY GRADE FIELD GRADE & ABOVE REDUCTION IN GRADE 1 RANK 1 RANK OFFENDER CAN ONLY BE REDUCED 1 RANK. MAY NOT BE IMPOSED UPON STAFF SERGEANT AND ABOVE. RANK FROM WHICH DEMOTED MUST BE WITHIN THE PROMOTION AUTHORITY OF THE COMMANDING OFFICER.

  46. TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJP PUNISHMENT COMPANY GRADE FIELD GRADE & ABOVE FORFEITURE OF PAY 7 DAY’S PAY 1/2 MONTH’ PAY FOR 2 MONTHS WHEN PUNISHMENT INCLUDES REDUCTION (WHETHER OR NOT SUSPENDED), FORFEITURE IS BASED ON BASE PAY OF THE GRADE TO WHICH REDUCED. THE AMOUNT FORFEITED WILL BE EXPRESSED IN WHOLE DOLLAR AMOUNTS.

  47. OPTIONS OF THE COMMANDING OFFICER • Suspension… Can suspend all or part • Mitigation… Good conduct • Extenuating circumstances… explain the offense • Aggravation…Increase the severity

  48. QUESTIONS?

  49. SUMMARY APPREHENDING A SUSPECT DEFINITIONS LAWFUL TYPES OF SEARCHES LEGAL OBJECTS OF A SEARCH INSPECTIONS AND INVENTORIES PRESERVING AND SAFEGUARDING EVIDENCE

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