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Four Authorities
1) Correct 3) Report
2) Apprehend 4) Detain
Sources of Military Authority
Unites States of Military Justice (UCMJ)
Manual for Courts Martial (MCM)
Military for Courts Martial (MCM) contains
-US Constitution -UCMJ
- Rules for courts-martial -Rules of Evidence
-Punitive Articles (77-134) -Guide on writing charges
-Specifications according to the UCMJ to state an offense
Military Jurisdiction
the authority, capacity, power or right to apply the law
Types of Jurisdiction
Exclusive, Concurrent, Reciprocal, Proprietary
Exclusive
Federal government has sole authority to enforce laws on an installation
Concurrent
Federal and State retain legislative authority and can prosecute offenses
Reciprocal
All four branches of DoD to resolve a case through courts martial, all persons (Article 2), UCMJ
Martial Law
Military jurisdiction over civilian population in time of emergency
Title 18, Section 1382
US code, authorizes SF to detain civilians on base
International Security Act of 1950
makes military regulations enforceable against a civilian who comes on base
Federal Assimilated Crimes Act
allows enforcement of state law in absence of applicable federal law
Rule 302-B (MCM)
Who has authority:
-military law enforcement officials -warrant officer
-non-commisioned officers (NCO) - officers
Article 7b (UCMJ)
gives Security Forces authority to apprehend
Posse Comitatus Act (1878)
Prevents Security Forces from executing laws of states except:
-acting under authority of US Constitution
-act of congress
-under direction of president
Military Law
separates system geared to the needs of the military
Article 92
failure to obey a lawful order
Article 107
false official statement with the intent to decieve
Article 108
damage or loss of military property, willfull or neglect
Article 109
destruction of properties other than military
Article 111
drunken or reckless driving
Article 112
drunk on duty
Article 112a
wrongful use, possession, ect of controlled substances
Article 117
provoking speech and gestures, using provoking or accusing words
Article 120
rape and sexual assault
Article 121
larceny and wrongful appropriation, take and don't give back
Article 128
assualt
Article 134
the "General Article"
Federal Tort Law
civil lawsuit, civilian against SF member (not criminal)
Three Elements of Tort
1) plaintiff must establish that defendant was under legal duty to act in a particular manner
2) Demonstrate the defendant violated duty by failing to adapt behavior
3) Prove injury or loss as a direct result of defendants violation
Civil Law
body of laws of a state or nation
Assimilation Crimes Act
allows for adoption of state law in absence of applicable federal law (for exclusive or concurrent federal jurisdiction)
Jenks Act
identifies what could be called upon as evidence in court proceedings (don't incriminate yourself)
Three Components to Community Policing
1) Partnership
2) Prevention
3) Problem-oriented policing
sexual act
Intent to abuse, humiliate, harass, degrade or gratify sexual desire of any person
Signs of impaired driving
Extreme slow speeds, Hugging road lines, Swerving, Windows down in inclement weather
Signs of impaired driving when in CONTACT with driver
Alcohol odor, slurred speech, Blood shot eyes, messy appearance, slow reactions
What type of approach to have on patrol response
Silent (wait and listen for 15-30 seconds before knocking)
Terrorist threat levels
Low, Moderate, Significant, High
UCMJ article 136(b)(4) + Article 136(b)(6)
Authority to administer oaths
2 types of crisis
Shock and exhaustion
DD Form 1805
US District Court Violation Notice
2 Types of Jurisdiction
personal and subject matter
Consent can be defined as
Formal permission/ agreement to sexual contact by a knowledgeable person
Stop, Check, And Pass is utilized when..
There is an immediate need to locate individuals entering/exiting the installation
sexual assault
Rape, sexual act, and other sexual contact
4 ways diseases are transmitted
Parental, Muscous membrance, sexual, infected women
martial law
military jurisdiction over civilian population in time of emergency
Who can declare martial law?
President and Congress
Blood borne pathogens
Disease-causing organisms transferred through contact with blood or other body fluids
Versions of BDIBS
MC9090, MC75
___ is contacted anytime a juvenile is detained
SJA
Juveniles will not be cited using
DD Form 1805
SF role in domestic violence
Restore order, Protect lives, Preserve peace
DD Form 2701
Initial Information for Victims and Witnesses of Crime
domestic violence
any act of violence involving family members
SF actions in domestic violence
Referral to First Sgt, AFOSI, and FAO. Temporary Seperation, and Apprehension
Incident Command
Senior SF member is the IC when responding
2 types of martial law
Qualified and Absolute
AF Form 1176
Authority to search and seize
FPCON Levels
Normal, Alpha, Bravo, Charlie, Delta
DD Form 1408
Armed Forces Traffic Ticket
IMT types
(1&2)National,(3) State/Regional, (4)Discipline/Jurisdiction, (5)Ad Hoc IC organizations
Biohazard labels must be colored
orange-red
SF are Representatives of
US Gov, US Armed Forces, Installation Commander, Defensive Forces Comm
ID Concepts
Active ( Patrolling/ID Checks), Passive (Armor/Camo/Fortification)
PL 1 keyword
Catastrophic
PL 2 keyword
Significant
PL 3 keyword
mission
5 D's of ID
Deter, Detect, Defeat, Delay, Defend
PL 4 keyword
destruction
DEFUSE acronym
Depersonalize, Encourage, Facts, Understand, Suggest, End
AF Form 1364
Consent for Search and Seizure
AF Form 52
Evidence Tag
DBIDS
Defense Biometric Identification System
VWAP
victim witness assistance program
DD Form 1920
Alcohol incident report
NHTSA
National Highway Traffic Safety Administration
TTL 4 factors
Operational Capability, Intentions, Activity, operating Environment
Alarm response procedures
Dispatch a minimum of 2 patrols, set up 360
SF will only interview a juvenile ?
Over 12
When responding to domestic violence...
Park at least one house away
Silent Approach
What kind of approach for Domestic Violence
What to do on Domestic Violence calls
Observe (Before approaching, stop and listen. check windows, doors, etc for unusual movement)
When contact is made on domestic violence calls...
Ask to move inside
Confused, Disordered, Agitated, Worried, Trauma, Troubled due to illness.
Signs of emotionally disturbed individual?
When transporting offender, notify BDOC of?
Departure vehicle, location, time, odometer reading
DONT FORGET TO STUDY YOUR NUKES!!
DONT FORGET TO STUDY YOUR NUKES!!