uniform code of military justice cpl 0105 definitions of matters relating to lawful searches search...

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.



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.



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.



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.



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..



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.



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

uniform code of military justice cpl 0105 definitions of matters relating to lawful searches search...

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