1. 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

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

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

4. 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

5. People are our business
APPREHENSION
WHO MAY BE APPREHENDED
AUTHORITY TO APPREHEND
WHEN IN EXECUTION OF DUTIES
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6. 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

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

8. 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

9. 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

10. 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

11. 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
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12. 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

13. People are our business
PRETRIAL RESTRAINT
CONDITIONS ON LIBERTY
ACTIONS IMPOSED BY ORDERS DIRECTING A PERSON TO DO OR REFRAIN FROM DOING SPECIFIC ACTS
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14. 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
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15. 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

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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. PRETRIAL CONFINEMENT NOTIFY COMMANDER PRETRIAL REVIEWHR 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 .

26. UNIT RESPONSIBILITIES
ESCORTS
ORDERS, TRANSPORTATION REQUESTS
VISITS
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27. People are our business
SUMMARY
APPREHENSION
PRETRIAL RESTRAINT
UNIT RESPONSIBILITIES
People are our business

28. 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

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

30. People are our business
PROTECTIONS
CONSTITUTION, 4TH AMENDMENT
MCM PART III, M.R.E
PRIMARY RULES
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31. People are our business
TERMS
SEARCH
SEIZURE
ZONE OF PRIVACY
EVIDENCE
PROBABLE CAUSE
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32. 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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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
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34. INSPECTIONS & SEARCHES
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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35. INSPECTIONS & SEARCHES
THE PRIMARY PURPOSE IS NOT TO OBTAIN EVIDENCE
GOVERNMENT BEARS BURDEN OF PROOF
COMMANDERS MUST BE PREPARED TO JUSTIFY & TESTIFY
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36. INSPECTIONS & SEARCHES
CONDUCTED REASONABLY
REASONABLE NATURAL OR TECHNICAL AIDS MAY BE USED
WITH OR WITHOUT NOTICE
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37. 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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38. INSPECTIONS & SEARCHES
DORMITORY INSPECTIONS
INSPECT ALL ROOMS THE SAME
STOP INSPECTION IF EVIDENCE IS FOUND
COMPLETE DORM INSPECTION
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39. 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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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. People are our business
SUMMARY
PROTECTIONS
TERMS
LAWFUL SEARCHES & TECHNICALITIES
INSPECTIONS & SEARCHES
People are our business