INTRODUCTION TO MILITARY LAW

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INTRODUCTION TO MILITARY LAW

• WEEK 8
• Investigations

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This Week

• Introduction to Investigations
• Law Enforcement
• Commander Directed
• Inspector General
• Posse Comitatus

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Investigative Agencies

• Criminal
• Civilian
• State
• Federal
• Military
• AFOSI
• Security Forces
• Other services (Army CID, NCS, etc)
• Other
• IG
• MEO
• Commander

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Rights

• Civilian investigation
• Those applicable in civilian sector
• ADC consult only Cant represent
• Military implications of civilian actions
• Military investigation
• Those applying to military typically more
  stringent
• ADC provides full advice and counsel
• Includes court representation if required

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• AFOSI FBI equivalent
• Federal Agents
• Felonies
• Wide investigative jurisdiction
• Joint Investigations w/civilian law enforcement
• Security Forces Misdemeanors
• Larceny, military offenses
• No drugs, no sex offenses
• Can work together with AFOSI (JDET)
• Other Services
• Can run investigation impacting AF member
• Coord with AFOSI, usually joint investigation

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Commander Directed Investigations

• Limited Authority
• Commanders have inherent authority to investigate
  matters under their command
• Tool to gather, analyze and record relevant
  information about matters of interest to those in
  command
• Systemic/procedural problems
• Individual conduct or responsibility
• Appoint investigating officer
• Legal Advisor appointed
• Must preserve commanders disciplinary options
• May involve reading individual rights
• Standard of Proof Preponderance of Evidence
  (more likely than not)
• Substantiated/Unsubstantiated and recommendations
• Report back to commander
• Benefits Quick and retain control
• Legal Review/Recommendations

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Commander Directed Investigations

• Proper Matters
• Command Matters Very broad
• Procedures
• People, processes and materials
• Abuse of authority
• Fraternization
• Missing supplies, derelictions, etc
• Not Proper Matters
• Covered by other channels (MEO, Privacy Act)
• IG issues reprisal, restriction, improper
  mental health evaluation referral
• Senior Official Misconduct
• Self-Investigation
• Sexual Assault
• Domestic Abuse
• Gray Areas
• Fraud, waste and abuse falls within IG, AFOSI
  and command
• UCMJ offenses
• A more appropriate agency may be a criminal
  investigative agency
• MEO

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Inspector General

• Eyes and Ears of Commander
• Leadership tool to resolve problems affecting
  mission
• White Hat Guy
• Authority to investigate complaints related to
  discipline
• Wide Variety
• IG Big Three
• IG not to be used to look into military justice
  matters
• Reprisal exception
• Other appeal mechanisms in place
• IG protected communication
• No reprisal
• Must have permission to take MJ action based on
  IG complaint
• Congressional Complaint Gatekeeper

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Inspector General

• Personal Complaints
• Complaint analysis
• Result in referral to other agency or dismissal
• Reprisal
• Protected Communication?
• Unfavorable Personnel Action?
• Did action officer know about communication?
• Would action not have occurred but for the
  communication?
• Not privileged communication
• Official need to know basis only

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Posse Comitatus Revisited

• Can not willfully use any part of Army or Air
  Force as a posse comitatus
• Dates back to civil war but still relevant
• Oklahoma City Bombing
• Katrina
• Navy and Marine Corps follow by policy
• Cant assist local law enforcement officials in
  enforcing civilian laws except where authorized
  by Constitution or act of Congress
• Cant enforce local laws
• Execute local laws on installation for military
  purpose
• Cant arrest civilians we detain and then
  turn over to civilain law enforcement
• Can engage in humantiarian acts (lost child,
  rescue from destroyed building)
• Cant be subterfuge for violation
• Does not apply to off duty conduct
• Sanctions
• 10,000
• Evidence Suppression

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• Exceptions
• Can provide law enforcement information collected
  during normal course of military training or
  operations
• Consider needs of local law enforcement
• Must turn over drug ops info unless threat to
  national security
• Loan of equipment, or facility
• Dogs
• Arms, ammo, tactical automotive equipment
  requires propr coord
• Military personnel may provide training on loaned
  equipment and provide expert advice
• SecDef can loan military personnel to operate
  loaned equipment under limited circumstances
• Dogs
• US v. Thompson

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Questions???