USAF%20First%20Sergeant%20Academy

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USAF First Sergeant Academy

• APPREHENSION
• AND
• PRETRIAL RESTRAINT
• 
  Reference Manual for Courts-Martial

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OVERVIEW

• APPREHENSION
• PRETRIAL RESTRAINT
• UNIT RESPONSIBILITIES

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APPREHENSION

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

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APPREHENSION

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

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APPREHENSION

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

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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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APPREHENSION

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

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PRETRIAL RESTRAINT

• PRETRIAL RESTRAINT IS MORAL OR PHYSICAL RESTRAINT
  ON A PERSONS LIBERTY BEFORE AND DURING
  DISPOSITION OF OFFENSES .

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PRETRIAL RESTRAINT

• PRETRIAL RESTRAINT MAYBE IMPOSED ON ANYONE
  SUBJECT TO THE UCMJ AND MUST BE BASED ON PROBABLE
  CAUSE

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PRETRIAL RESTRAINT

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

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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 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 RESTRAINT

• CONDITIONS ON LIBERTY
• ACTIONS IMPOSED BY ORDERSDIRECTING A PERSON TO
  DO ORREFRAIN FROM DOING SPECIFIC ACTS

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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 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 RESTRAINT

• ARREST
• MORAL RESTRAINT
• PERSON MAY NOT BE REQUIRED TO PERFORM FULL
  MILITARY DUTIES

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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 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 RESTRAINT

• PRETRIAL CONFINEMENT REVIEW PROCEDURES
• IF ANYONE OTHER THAN THE PERSONS COMMANDER
  ORDERS PRETRIAL CONFINEMENT, THE COMMANDER MUST
  BE NOTIFIED WITHIN 24 HOURS

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

• ESCORTS
• ORDERS, TRANSPORTATION REQUESTS
• VISITS

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SUMMARY

• APPREHENSION
• PRETRIAL RESTRAINT
• UNIT RESPONSIBILITIES

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USAF First Sergeant Academy

• SEARCH AND SEIZURE
• 
  Reference Manual for
  Courts-Martial

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OVERVIEW

• PROTECTIONS
• TERMS
• LAWFUL SEARCHES TECHNICALITIES
• INSPECTIONS SEARCHES

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PROTECTIONS

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

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TERMS

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

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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

• 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 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 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 SEARCHES

• INSPECTIONS
• CONDUCTED REASONABLY
• REASONABLE NATURAL OR TECHNICAL AIDS MAY BE USED
• WITH OR WITHOUT NOTICE

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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 SEARCHES

• DORMITORY INSPECTIONS
• INSPECT ALL ROOMS THE SAME
• STOP INSPECTION IF EVIDENCE IS FOUND
• COMPLETE DORM INSPECTION

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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 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 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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SUMMARY

• PROTECTIONS
• TERMS
• LAWFUL SEARCHES TECHNICALITIES
• INSPECTIONS SEARCHES