USAF First Sergeant Academy APPREHENSION AND PRETRIAL RESTRAINT Reference: Manual for Courts-Martial APPREHENSION AND PRETRIALRESTRAINT Reference - Manual for Courts-martial Lesson Objective: Comprehend the types and procedures used when affecting an apprehension or ordering pretrial restraint. Samples of Behavior: 1. Explain apprehension as it applies to the military. 2. Describe the apprehension process as it applies to the military. 3. Describe the types of pretrial restraint and their definitions. 4. Identify personnel who have authority to impose pretrial restraint and their limitations. 5. Summarize the procedures for ordering pretrial restraint. 6. Describe the unit’s responsibilities. People are our business

People are our business OVERVIEW APPREHENSION PRETRIAL RESTRAINT UNIT RESPONSIBILITIES People are our business

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

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

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

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 People are our business

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

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

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

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

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 People are our business

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 People are our business

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

People are our business PRETRIAL RESTRAINT 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 People are our business

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 People are our business

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

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 People are our business

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 People are our business

People are our business 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

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 People are our business

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 People are our business

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 People are our business

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 People are our business

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. People are our business

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

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

People are our business SUMMARY APPREHENSION PRETRIAL RESTRAINT UNIT RESPONSIBILITIES People are our business

USAF First Sergeant Academy SEARCH AND SEIZURE Reference: Manual for Courts-Martial SEARCH AND SEIZURE Reference - Manual for Courts-Martial Lesson Objective: Comprehend what constitutes a lawful search and seizure in the military, common terms used, types of lawful searches and some technicalities which could lead to evidence being inadmissible in court. Samples of Behavior: 1. Describe the individual protections against unreasonable search and seizure. 2. Identify some of the more common terms as it relates to search and seizure. 3. Distinguish between the different types of lawful searches and technicalities that could lead to evidence being inadmissible in court. 4. Explain the difference between an inspection and a search and the different types of inspections and their uses. People are our business

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

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

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

INSPECTIONS & SEARCHES 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

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

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

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

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

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