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UNIFORM CODEUNIFORM CODEOFOF
MILITARY JUSTICEMILITARY 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
Procedures in Procedures in Apprehending a SuspectApprehending a Suspect
WHO MAY APPREHEND ?WHO MAY APPREHEND ?
COMMISSIONED/WARRANT OFFICERSCOMMISSIONED/WARRANT OFFICERS
NONCOMMISSIONED OFFICERS.
MILITARY LAW ENFORCEMENT PERSONNEL. IN THE PERFORMANCE OF THEIR IN THE PERFORMANCE OF THEIR
DUTIESDUTIES ELO 2 ELO 2
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.
APPREHENSIONAPPREHENSION
• Halt the suspect.Halt the suspect.
• Inform the suspect of the reason Inform the suspect of the reason for apprehension.for apprehension.
• Advise the suspect of his/her Advise the suspect of his/her rights.rights.
• Search the suspectSearch the suspect
SEARCH THE SUSPECTSEARCH THE SUSPECT
1. KNEELINGKNEELING
•REQUIRES SUSPECTS TO BE (2-3) FEET AWAY FROM THE WALL SO THAT THEY ARE OFF BALANCE.
SEARCH POSITIONSSEARCH POSITIONS
2. PRONEPRONE
• THIS POSITION IS DESIRED WHEN SUSPECTS ARE BELIEVED TO BE CONCEALING A WEAPON OR A DANGEROUS OBJECT.
SEARCH POSITIONSSEARCH POSITIONS
SEARCH POSITIONSSEARCH POSITIONS
3. STANDINGSTANDING
• REQUIRES SUSPECTS TO STAND FAR FROM A WALL, LEANING FORWARD, WITH THEIR HANDS PLACED ON THE WALL, TO KEEP THEM OFF BALANCE.
SEARCH THE FOLLOWING
Hair. Armpits. Inside legs. Half-clenched hands. Medical dressings. Bags or cases carried. Shoes or boots. Walking sticks, umbrellas, etc.
TRANSFER THE SUSPECTTRANSFER THE SUSPECT
TO TO
THE APPROPRIATE AUTHORITYTHE APPROPRIATE AUTHORITY
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...
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.
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
SEARCH PURSUANT TO A WARRANT
• Military... Authorized by C.O.
• Civilian... Issued by a Judge.
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
Search Incident to lawful Apprehension
• Basis for search…
• Scope of the search…immediate personal surroundings of apprehension
• Who may apprehend???
SEARCHES OF GOVERNMENT PROPERTY
• Government property can be legally searched without consent or probable cause.
LEGAL OBJECTS OF A SEARCH ELO 4
• Instruments of the crime.
• Evidence of the crime.
• Fruits of the crime.
• Contraband...
10 MINUTEBREAK
INSPECTIONS&
INVENTORIES
WHAT IS AN INSPECTION?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
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.
OBJECTIVE OF AN INSPECTIONOBJECTIVE 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.
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
INSPECTION POLICIES
• Publish inspection policy
• Schedule inspections
• Scope of the inspection
INVENTORIES
• An inventory is a survey of items conducted pursuant to the law, regulation or military custom.
PROPERTY/EVIDENCE SUBJECT TO A LAWFUL
SEIZURE ELO 6• Probable cause
• Power to seize
• Seizure of property / evidence
• Abandoned property
• Government property
• Other property
PRESERVING/SAFEGUARDING EVIDENCE ELO 7
• Mark the evidence
• Maintain the chain of custody
WHAT IS A MINOR OFFENSE?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.
ALTERNATIVES TO N.J.P.NCO’S
• Verbal reprimand
• Extra military instruction
ALTERNATIVES TO N.J.P.
Commanding officers
• Admin withholding of PRIVILEDGES
• Non PUNATIVE censure
VALUE TO THE COMMANDER
IT HELPS MAINTAIN GOOD ORDER AND DISCIPLINE.
VALUE TO THE MARINE
ENABLES THE MARINE TO MAKE POSITIVE BEHAVIOR CHANGES WITHOUT THE STIGMA OF A COURT-MARTIAL CONVICTION.
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.
APPEALS
• WHAT MAY BE APPEALED
• FORMAT FOR APPEALS
• TIME LIMIT FOR APPEALS
• HOW TO SUBMIT AN APPEAL
WHAT MAY BE APPEALED
THE ACCUSED MAY APPEAL MAY APPEAL THE PUNISHMENTTHE PUNISHMENT IF THEY CONSIDER IT UNJUST OR DISPROPORTIONATE TO THE OFFENSE.
FORMAT FOR APPEALS
SUBMIT A WRITTEN STATEMENTWRITTEN STATEMENT DESCRIBING WHY HE/SHE CONSIDERS THE PUNISHMENT IS UNJUST OR DISPROPORTIONATE.
TIME LIMIT FOR APPEALS
THE APPEAL MUST BE SUBMITTED WITHIN FIVE DAYSFIVE DAYS OF IMPOSITION OF PUNISHMENT.
SUBMITTING AN APPEAL
SUBMITTED VIA THE CHAIN OF COMMAND TO THE NEXT SUPERIOR AUTHORITY.
CONFINEMENT ON
BREAD AND WATER 3 DAYS 3 DAYS
MAY ONLY BE IMPOSED AT SEA. MAY NOT BE IMPOSED MAY ONLY BE IMPOSED AT SEA. MAY NOT BE IMPOSED UPON CORPORAL AND ABOVE (UNLESS REDUCED UPON CORPORAL AND ABOVE (UNLESS REDUCED BELOW CORPORAL AT NJP). MAY NOT BE COMBINED BELOW CORPORAL AT NJP). MAY NOT BE COMBINED WITH CORRECTIONAL CUSTODY EXTRA DUTIES, OR WITH CORRECTIONAL CUSTODY EXTRA DUTIES, OR RESTRICTION.RESTRICTION.
TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJPTYPES 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 MAY NOT BE IMPOSED UPON CORPORAL AND ABOVE. MAY NOT BE COMBINED WITH ABOVE. MAY NOT BE COMBINED WITH RESTRICTION OR EXTRA DUTIES.RESTRICTION OR EXTRA DUTIES.
TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJPTYPES 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 RESTRICTION AND EXTRA DUTIES MAY BE COMBINED TO RUN CONCURRENTLY, BUT THE COMBINATION MAY TO RUN CONCURRENTLY, BUT THE COMBINATION MAY NOT EXCEED THE MAXIMUM IMPOSABLE FOR EXTRA NOT EXCEED THE MAXIMUM IMPOSABLE FOR EXTRA DUTIES.DUTIES.
TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJPTYPES 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 RESTRICTION AND EXTRA DUTIES MAY BE COMBINED TO RUN CONCURRENTLY, BUT THE COMBINED TO RUN CONCURRENTLY, BUT THE COMBINATION MAY NOT EXCEED THE MAXIMUM COMBINATION MAY NOT EXCEED THE MAXIMUM IMPOSABLE FOR EXTRA DUTIES.IMPOSABLE FOR EXTRA DUTIES.
TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJPTYPES 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. OFFENDER CAN ONLY BE REDUCED 1 RANK. MAY NOT BE IMPOSED UPON STAFF SERGEANT MAY NOT BE IMPOSED UPON STAFF SERGEANT AND ABOVE. RANK FROM WHICH DEMOTED AND ABOVE. RANK FROM WHICH DEMOTED MUST BE WITHIN THE PROMOTION AUTHORITY MUST BE WITHIN THE PROMOTION AUTHORITY OF THE COMMANDING OFFICEROF THE COMMANDING OFFICER..
TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJPTYPES 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 WHEN PUNISHMENT INCLUDES REDUCTION (WHETHER OR NOT SUSPENDED), FORFEITURE IS BASED ON BASE OR NOT SUSPENDED), FORFEITURE IS BASED ON BASE PAY OF THE GRADE TO WHICH REDUCED. THE PAY OF THE GRADE TO WHICH REDUCED. THE AMOUNT FORFEITED WILL BE EXPRESSED IN WHOLE AMOUNT FORFEITED WILL BE EXPRESSED IN WHOLE DOLLAR AMOUNTS.DOLLAR AMOUNTS.
TYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJPTYPES OF PUNISHMENT THAT CAN BE AWARDED AT NJP
PUNISHMENT COMPANY GRADE FIELD GRADE & ABOVE
OPTIONS OF THE COMMANDING OPTIONS OF THE COMMANDING OFFICEROFFICER
• Suspension… Can suspend all or part
• Mitigation… Good conduct
• Extenuating circumstances… explain the offense
• Aggravation…Increase the severity
QUESTIONS?
SUMMARY
APPREHENDING A SUSPECTDEFINITIONSLAWFUL TYPES OF SEARCHESLEGAL OBJECTS OF A SEARCHINSPECTIONS AND INVENTORIESPRESERVING AND SAFEGUARDINGEVIDENCE