CNIC Installation Security Flashcards

Question

Explain the certification process of the Installation Security Department

Answer 1

Certification Authority a. CNIC is the certifying authority (CA) for NSF ashore. The term CA refers to the command/organization responsible for certifying designated NSF that have satisfactorily completed all training requirements and have the requisite capabilities to support NSF operational missions. CNIC (N3E) will assign a Training Liaison Officer (TLO) at least 90 days prior to the CARTs. The TLO will perform the following duties: (1) Assign drills to be demonstrated during the CART, based on the ROC levels and the complexity of the installation. (2) Schedule pre and post CART MTTs and answer questions about the schedule. (3) Answer any technical questions about the certification process. (4) Communicate logistical requirements for the assessment team. b. During the mid-cycle Region Assessment (RASS), the REGCOM will assess installation NSF and make a “Ready To Certify” or “Not Ready To Certify” recommendation to CNIC. In the event the REGCOM staff determines the installation is “Not Ready To Certify,” they will develop a detailed POA&M with very clear timelines to get to FEP (NTE 60 days) and report to CNIC (N3) the actions taken and ramifications if not ready within prescribed timelines promulgated by the REGCOM staff. The CNIC assessment team can provide specifics on options available for those installations who are “not ready to certify.” c. CNIC certifies NSF during FEP per the guidelines stipulated herein and per GCC and NCC operational requirements validated by NCC assessors during CART or FEP. 1002. Assessment Authority (AA). The term AA refers to the command or organization responsible for conducting training evaluations and assessments (e.g., CART, FEP). The AA (i.e., installation ATTT, Region RTT, CNIC Assessment Team) conducts evaluations and assessments based on criteria established by HHQ directive. COs are responsible for training plan execution. The REGCOMs are responsible for assessing subordinate units; therefore, they will designate and identify AA roles and responsibilities and establish assessment criteria within their individual training instructions. AA evaluators and assessors will be experienced subject matter experts (SMEs), designated in writing by the REGCOM and be PQS qualified for the positions and functional areas which they are evaluating or assessing. 1003. Joint Basing. Joint bases led by the Navy will adhere to AT training requirements as delineated herein. The Navy’s EA for AT is USFF. Joint basing NSF training and certification 1004. Installation Self-Assessment. Installations are required to conduct an annual SA using the assessment guide check sheets and to report SA results to their REGCOM. Additionally, CNIC (N3E) will be notified of completion on the first day of the CART. Installations will use their SA results as well as any deficiencies noted during periodic vulnerability assessments or force-wide exercises and work with their REGCOM to resolve shortfalls. The installation will generate a command improvement plan IP and track all items to resolution. The IP will ensure readiness for CART. 1005. Command Assessment for Readiness and Training (CART). The CART is primarily a NSF programmatic review and is used as the basis to determine if the NSF and the ATTT are ready to conduct unit level training during the higher operational tempo (OPTEMPO) assessment phase of the training and certification cycle. The CART will also include an operational assessment of two watch teams demonstrating proficiency in NSOXPs with one of the events resulting in a cascading integrated drill to evaluate operational readiness between the EOC, ICP and tactical NSF response assets. Results of CART identify readiness deficiencies and lead to the development of an installation’s command IP, scheduling of needed training and a broad POA&M to have a successful Region assessment and FEP certification. CART is scheduled at the beginning of the NSF’s assessment phase (approximately 15-18 months before FEP) and follows the installation SA. CART provides an opportunity to validate ATTT and ITT and determine the installation’s “ready to train” status. CART is an administrative spot-check assessment of the installation’s PS and LE programs; however, its primary assessment focus will be on the AT program. Additionally, CART will assess the personnel, equipment, supply, training ordnance and facilities (PESTOF) pillars of DRRS-N to ensure that the NSF possesses the requisite material, personnel and individual skills to properly conduct increasingly more integrated unit level training during the assessment phase. CART is usually five days in length. NOTE: Numbers of drills and evolutions will be provided to the installation prior to the CART. a. CART assessment areas: (1) Core Capabilities – Evolutions and drills. (Primary drill assessment focus is AT). (2) DRRS-N Readiness Review. (3) Level of Knowledge. b. Assessment Guide. The Assessment Guide is used to evaluate the NSF for administrative and core capability requirements. Each section will be scored individually. In each area there are “critical” items. If these “critical” items are “no-go” this results in an unsatisfactory score for the entire area. To be scored satisfactory in each area, the score must be 80 percent or greater and no critical items must be marked “no-go” A composite score will be based on a weighted average of all areas. To satisfactorily meet “ready to train” criteria during CART, a unit must have a composite score of 80 percent or better. Failure to meet a 80 percent composite score at the end of the CART assessment will result in CNIC scheduling a mandated MTT and will require the installation to develop a detailed command IP that specifically addresses all findings to include a date of completion for each item. c. The Assessment Guide is located at: https://g2.cnic.Navy.mil/public/hq/CART/SECO%20TOOLBOX/Forms/AllItems.aspx. d. ITT/ATTT Planning. No later than 90 working days prior to CART, the assessment team will provide the installation evolution, drill and FTX planning guidance. The ITT and ATTT must demonstrate proficiency in the development of the complex integrated drill involving EOC activation, ICP establishment and tactical NSF response. Additionally, the ATTT must demonstrate proficiency in the coordination of evolutions and drills. Finally, the ATTT will be graded during FEP and is a critical component of a successful certification. 1006. Core Capabilities. Each NSF unit will be assessed to ensure that plans, policies and procedures are in place to ensure compliance with references (a), (e), (x) and (ab). The core capabilities are evaluated using the assessment guide. a. Antiterrorism (AT) Program. AT measures are defensive in nature and are used to reduce the vulnerability of individuals and property to terrorist acts, to include limited response and containment by local military and civilian forces. The AT program requirements encompass resources, risk management, planning, administration and logistics in support of an overall protective posture against terrorist threats and actions. Scoring criteria for certification of the AT program is 100 percent of ALL critical tasks and 80 percent of all tasks overall. NOTE: AT check-sheets will be completed during SA, validated during CART and spot checked during RASS/FEP. b. Law Enforcement (LE) Program. LE personnel are military and civilian personnel assigned and responsible for the enforcement of laws and regulations within specific DoD jurisdictions. The LE program requirements address organizational, administrative and resource issues focused on the optimal employment of LE assets within a protection environment. Scoring criteria for certification of the LE Program is 100 percent of all critical tasks and 80 percent of all tasks overall. NOTE: LE check-sheets will be completed during SA, validated during CART and spot checked during RASS/FEP. c. Physical Security (PS) Program. PS is that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, 1007. DRRS-N Readiness. The second part of the CART is an administrative evaluation of the NSF’s readiness under the DRRS-N PESTOF pillars. a. Personnel. The first pillar is an evaluation to ensure NSF are properly manned, possess the correct Navy enlisted classification (NEC) and are properly task organized to conduct the core capabilities. (1) Manning. The NSF must have the correct manning to execute core capabilities as dictated by the AMD and MPV-P and to fully support the installation AT Plan. (2) Critical Billets. The NSF must have 100 percent of critical billets filled. (3) Critical NECs. The NSF must have 100 percent of critical NECs filled. (4) Task Organization. The NSF must be task organized and must have a watch bill that reflects validated posts according to MPV-P and the CO’s risk assessment. Any discrepancies should be immediately communicated to the REGCOM and CNIC (N3AT) for resolution. (5) ASF Manning. The NSF must correctly calculate “fair share” per reference (x). ASF manning should be at 100 percent of FPCON Charlie requirements per the command AT Plan and not MPV-P. b. Equipment. Materiel readiness refers to the proper accountability for and maintenance of all assigned equipment. (1) Table of allowance (TOA). Each unit is required to maintain and account for all assigned equipment and systems. The AEL is outlined in reference (x). The Security Department must maintain 100 percent accountability of all equipment. Installations will have a tracking system to track missing or damaged equipment that is reviewed weekly by the SO. (2) Emergency vehicles (EV). Each EV will be inspected prior to each operation to ensure that they are in good mechanical condition, have no damage which would affect the safe operation and handling in normal and emergency situations, are clean and that all installed equipment is functioning properly. (3) Harbor security boat (HSB) material inspection. Each assigned HSB will be inspected prior to each operation for material condition and to ensure installed systems operate correctly. Additionally, required safety equipment will be inventoried and inspected for functionality. (4) Weapons. NSF must possess and properly maintain sufficient weapons and associated ammunition to outfit the entire NSF based on the requirements in the installation AT plan, to include the ability to support the deployable Region Security Force (RSF) per reference (x). Further, weapons must be maintained utilizing the planned maintenance system/maintenance and material management (PMS/3M) procedures per reference (hh). (5) Communications. NSF must have the requisite number of radios per the AEL for all FPCONs according to their AT plan. c. Supply. Although supply management is a function of the installation at large, the NSF manages a counter terrorism (CT) budget as well as plan for AEL replacement. Careful analysis of the resource requirements in the installation AT plan is necessary to ensure the installation has the required budget resources to execute the AT Plan. (1) Budget. The NSF must have a financial management plan for the current fiscal year to demonstrate how CT funds will be expended, to include a tracking mechanism for ordering replacements for damaged and/or missing equipment. (2) Phased Replacement Plan. NSF must plan and budget for phased replacement of AEL and other equipment based on wear and tear. (3) Unfunded Requirements. All NSF must maintain a list of those items that need funding but were not covered under the phased replacement plan. d. Training. Prior to being ready to conduct unit level training (ULT), the NSF must possess the requisite amount of individual knowledge, skills and abilities (KSA) to be able to successfully train itself. This includes having qualified watch sections, ASF and C2 element, as well as a qualified and capable training team. (1) Individual qualifications. This refers to those requisite PQS and schools that qualify an individual to perform the duties of the assigned watch station. (a) Personnel qualification standards (PQS). PQS requirements by watch station are outlined in chapters 3 and 4. The number of PQS qualified NSF is dictated by the MPV-P validated posts. All MPV-P validated posts will be manned with PQS qualified NSF members to maintain a fully manned and qualified watch bill. (b) Schools. School requirements are outlined in chapter 2 of this manual. The number of individual schools that are required is dictated by watch station requirements. At minimum to be “ready to train,” the NSF must complete 100 percent of the critical schools and 80 percent of essential schools. (c) Weapons qualifications. Weapons qualification requirements are outlined in reference (j). The NSF must have a sufficient amount of qualified personnel on the various weapons systems to meet 100 percent of installation AT plan requirements through all FPCONs as outlined on the arming matrix. Additionally, no more than 183 days will lapse between initial weapons qualification and sustainment. Further, no more than 183 days will lapse between sustainment and the next annual qualification, for all weapons, including crew served weapons, used by the NSF. There is no grace period for weapons qualifications and as such, failure to sustain or re-qualify within the 183 days will result in the qualification being revoked and the NSF member must complete the entire annual qualification. As an example: Member qualifies with M9 resulting in sustainment being due no more than 183 days. In the event the NSF member does not shoot the sustainment within the 183 days or fails the sustainment requirements, member must requalify on all phases, Navy handgun qualification course (NHQC) , practical weapons course (PWC) and low-light (LL) courses of fire. Finally, weapons sustainment will be conducted no less than 4 and a half (4.5) months from last annual qualification. For example, if the NSF member shoots the annual qualification courses of fire on 1 January, they should not shoot the sustainment course until at least 15 May and not later than 2 July of that same year. (d) Non-Lethal Weapons. NLW requirements are outlined in reference (a). All watch standers (including ASF) must be qualified on the required NLW systems. (e) All NSF must be in periodicity with annual sustainment training as outlined in chapter 4 of this manual. (2) The ATTT qualification requirements are outlined in Chapter 7. The NSF must have a fully qualified and proficient ATTT of sufficient size to properly train and evaluate watch section and watch stander performance. ATTT effectiveness will be assessed during CART and Region assessment and is a critical requirement during FEP for NSF/C3 certification. If ATTT is ineffective or deficient, a post-CART MTT may be required. (3) Training administration. DHART is the required method of documenting individual training. DRRS-N is the required method of reporting unit readiness. Chapter 11 details requirements for the use of these systems. Procedures for the use of each must be in place and both systems must be used effectively to manage training and report training readiness. (4) HPU check ride. The purpose of the HPU check ride is to verify assigned boat crews can safely operate and navigate their harbor security boat. This will be accomplished by demonstrating the semi-annual AOR familiarization refresher training. The criteria for the HPU check ride is “Go/No Go” for ALL boat crews. The HPU check ride will be accomplished by a qualified HSB TRASUP or HPU leader. During CART the installation HSB TRASUP will demonstrate at least two HPU check rides; CNIC will select the coxswains for the check ride demonstration. (5) Range Operations. The security department must be able to demonstrate the ability to safely conduct range operations and have a sufficient amount of qualified personnel to conduct range operations. The security department must have and comply with a range SOP. The range training must be effective and must be conducted per reference (j). Range operations will be conducted during the installation self-assessment and the result presented to the CART assessment team on day one of the assessment. e. Ordnance. NSF must properly store and account for small arms ammunition, per reference (ee). f. Facilities. Although facilities is a function of NAVFAC under base operations support, the NSF must have and must properly maintain office spaces, storage, ready for issue and armories as assigned. 1008. Watch stander Level of Knowledge (LOK). The next phase of the CART is to evaluate the watch standers’ level of knowledge through written testing and oral interview (post checks, etc.). Each NSF member being tested must attain a minimum score of 80 percent. The installation will remediate to 100 percent each time a LOK is given to a NSF member. 1009. Initial NSF Assessment a. The final portion of CART is a practical evaluation of the ATTTs ability to effective plan, brief, execute, debrief and train the NSF. It will include two watch teams demonstrating proficiency evolutions (SOPs, PPRs) and drills (NSOXPs), with one of the drills resulting in a cascading drill to evaluate operational readiness. The cascading integrated drill will be an FTX with the following objectives: (1) Activate and Assess: (a) The Emergency Operations Center– ONLY EVALUATED BY ITT. NOT AN N3AT EVENT. (b) Incident command (IC). (c) NSF – tactical response to incident. (2) Assess the ATTT in their ability to: (a) Develop training scenarios that validate both NSF proficiency and the installation response plans. (b) Develop effective, relevant and appropriate drill packages and master scenario events list (MSEL). (c) Plan drill. (d) Brief drill. (e) Execute drill. (f) Assess drill. (g) Debrief drill. (h) Record findings and apply lessons learned in the CNIC command IP format (see exhibit C to Chapter 10) taught during the MTT. (i) Minimize risk and hazards by adhering to all applicable ORM and safety standards while conducting training. 1010. CART End State a. CART Report. The CNIC assessment team provides assessment feedback in all administrative programs, ATTT and the cascading integrated FTX. If satisfactory, a “ready to train” recommendation will be provided by CNIC. If “not ready to train” due to deficiencies, including ATTT ineffectiveness, the installation will work with their REGCOM to develop a command IP to address deficiencies (IP Example: Exhibit C to this chapter)/POA&M. Once corrected, a follow-on assessment may be required to certify the installation as having completed CART and being “ready to train.” This is critical as post-CART OPTEMPO includes increasingly challenging, integrated and more complex training and exercises. Installations must be ready to continue the assessment phase. An installation demonstrating extraordinary proficiency during CART, may qualify for an interim certification if able to achieve a composite score of 90 percent or greater in all areas, no significant administrative deficiencies and C3 proficiency during the FTX. b. NSF Training Plan. “Road to Certification.” Following CART, the NSF revises the training plan to address shortfalls found during CART. The training plan is developed to prepare for the Region assessment and FEP. During the NSF assessment phase, the NSF training plan will be forwarded to REGCOM for review and approval. The REGCOM will then be better postured to assist in installation training and request CNIC MTTs to ensure installation success during both the Region assessment and FEP/CERT. 1011. Region Assessment RASS. The RASS is both an administrative and operational assessment. The region staff should conduct a CART-like assessment using the approved assessment guide in all applicable functional areas. The region assessment team's ability to ascertain readiness to certify will be evaluated by CNIC during FEP. On the first day of FEP, the region staff will provide the CNIC senior assessor both the installation's self-assessment as well as their own completed assessment guide used during the RASS. a. The region staff will verify command IP completion status, review the NSF training plan, use the assessment guide to validate all NSF administrative programs, validate ATTT effectiveness, assess drills and evolutions and assess a complex FTX involving EOC activation, ICP establishment and tactical NSF response. The region staff will also verify NSF is meeting continuous training requirements (CTR) and continuous certification requirements (CCR), Exhibit A. The REGCOM will determine an installation's "readiness to certify." The RASS will refine the NSF training plan in preparation for FEP and may identify further command IP action items which the installation will need to track and complete. b. The REGCOM will provide a "ready to certify" evaluation to CNIC via the sample Region Assessment Report (Exhibit D). In the event the REGCOM determines that the installation is not ready to certify and will require additional time prior to completing the FEP, the REGCOM will request an extension, using Exhibit D, and provide a Plan of Action and Milestones to achieve "ready to certify" as well as the requested recertification date. c. During the RASS, the REGCOM is responsible for: (I) Re-evaluating the training and readiness standards, to include the "as found" findings during the CNIC-conducted CART assessment in preparation for the FEP. (2) Ensuring all NSF unit level training and assessment events are planned and executed as prescribed by this manual with the goal of continuous process improvement. (3) Operationally and administratively evaluating the installation NSF in unit level training per the assessment guide and NSOXP grading sheets. d. The RASS meets the requirements for the installation's annual comprehensive AT program review identified in DoD and CNO Standard 31 (first program review conducted during the CART). The RASS final report provides a record of the annual review (i.e., date and results) and it will be retained for a minimum of three years in command turnover files. 1012. Final Evaluation Problem {FEP). FEP is a CNIC led operational assessment of an installation NSF's ability to meet all core competencies stipulated in this TRAMAN as well as NCC/GCC operational requirements. The FEP event is usually three to five days in duration, depending on the size of the installation or NSF. The CNIC HQ assessment team will include a core of trained and qualified security and antiterrorism SME assessors (see chapter 9) and may be joined by NCC assessors I observers as well. NCC assessors may participate to validate that the NSF meets all operational chain of command requirements. FEP is scheduled at the end of the assessment phase of the NSF training and certification cycle. Upon conclusion of the FEP, the CNIC HQ senior assessor will recommend to CNIC NOO either certification or non- certification. If certified, the installation will continue sustainment training until the next assessment phase, conducting self-assessments annually and reporting the results to the REGCOM. If non- certified, the installation will take the remedial actions set forth in section 1013 before certification is attempted again. a. FEP Objectives (1) Evaluate whether NSF meets CTR, located at Exhibit A of this chapter. (2) Evaluate whether NSF meets CCR, located at Exhibit A of this chapter. (3) Evaluate EOC, IC and NSF C3. (4) Verify the NSF training plan. (5) Assess NSF administration via spot checks based on the CART, region assessment validations and the installation command IP status. (6) Assess NSF training profiles and qualifications. (7) Assess A ITT training, qualification and effectiveness. (8) Assess NSF execution of evolutions (SOPs and PPRs). (9) Assess NSF in "most likely" scenarios and drills (installation specific). (10) Assess NSF in installation specific "most dangerous" scenarios and drills, culminating in a complex integrated FTX involving EOC activation, ICP establishment and a coordinated tactical NSF response. (11) Validate that all GCC/NCC operational requirements are met. b. FEP Standards. The NSF must: (1) Have a qualified watch bill with an even balance of senior and experienced personnel, military and civilian, distributed across all watch teams and during all shifts. (2) Have a qualified ASF. (3) Have an effective watch team replacement plan. (4) Have all critical billets and NECs filled. (5) Meet all NSF related commander’s critical information requirements (CCIRs). (6) Meet all DRRS-N readiness requirements (see paragraph 1007). (7) Have a qualified and effective ATTT capable of planning, training, briefing, executing, assessing, debriefing and ensuring installation NSF readiness is meeting all requirements while continuously improving. Furthermore, the ATTT will be capable of developing realistic scenario based exercises with minimum simulations (only where safety or operations would be disrupted) while always ensuring safety of watch standers and the protected populace (8) Have an approved AT plan, SOPs, PPRs and post orders with required OQE for record keeping requirements outlined in DoD and CNO standards. (9) Demonstrate the ability to respond to and mitigate AT threats. (10) Demonstrate requisite LOK at all watch stations including: (a) General orders of the sentry. (b) Post orders. (c) PPRs and SOPs. (d) FPCON posture and measures. (11) Have a minimum of two watch teams demonstrate proficiency in conducting evolutions and drills with one of the events resulting in a cascading integrated drill to evaluate operational readiness between the EOC, ICP and tactical NSF response assets. In order to pass an evolution or drill a score of 80 percent is required. Watch section selection as well as drill or evolution events will be made by the FEP assessment team. NOTE: Numbers of drills and evolutions will be provided to the installation prior to the FEP. (12) Maintain all NSF programs and be prepared for program spot checks at all times by higher authority (includes PS and LE). c. Actions Prior to FEP. Once the RASS is completed and the REGCOM recommends installation NSF “Ready to Certify,” the CNIC assessment team will issue FEP planning guidance and commence coordination. The guidance will include the provision of some administrative read-aheads and include instruction to the ATTT and ITT for the planning and execution of FEP. d. Prerequisites. On the first day of FEP, the SO will present the assessment team leader the following: (1) NSF organizational chart. (2) Qualified ATTT. The ITO will ensure the ITT qualifications are presented. (3) Qualified watch bill. (4) Approved AT Plan. (5) Approved SOPs, PPRs and Post Orders. (6) Command IP with corrective actions taken, including progress on any deficiencies noted during the Region assessment (should be completed prior to FEP). (7) Approved drill packages. (8) Approved watch team replacement plan (WTRP). A WTRP provides NSF leadership with a means of projecting gains and losses which impact the watch team. Additionally, a WTRP facilitates required individual training. A copy of the WTRP is also posted on https://g2.cnic.Navy.mil/public/hq/CART/SECO%20TOOLBOX/Forms/AllItems.aspx e. Administrative spot check on day one of FEP. During FEP, the assessment team will assess the AT plan, SOP, PPRs and post orders, for completeness, accuracy and approval. Additionally, the department will be required to demonstrate an effective and qualified watch bill. The assessment team will verify the CART command IP has been completed or significant progress has been made to correct the findings prior to certification; however the composite score must be at least 80 percent at the completion of FEP to allow certification. f. Training Validation. During FEP, the assessment team will validate the unit meets all CTR and CCR and DRRS-N compliance in P-pillar (personnel) and the T-pillar (training). In addition, the NSF training plan will be reviewed. g. ITT/ATTT Planning. No later than 90 days prior to FEP, the assessment team will provide the installation with evolution, drill and FTX planning guidance. The ITT and ATTT must demonstrate proficiency in the development of the complex integrated drill involving EOC activation, ICP establishment and tactical NSF response. Additionally, the ATTT must demonstrate proficiency in the coordination of evolutions and drills. Installations will forward their watch bills to CNIC TLO at least 20 days prior to the FEP and CNIC will then select the sections to be evaluated and provide notification at least 10 days prior to the FEP. Finally, the ATTT will be graded during FEP and is a critical component of a successful certification. h. The FEP will culminate in a complex integrated FTX scenario which will result in the activation of the EOC, establishment of an NSF-led ICP and the deployment of NSF. (1) EOC Assessment. The EOC will be assessed on how well the team supports the incident commander (IC); the ability to gain, maintain and transmit situational awareness; use of a common operating picture; coordination with agencies involved with the incident; development of an incident action plan; ability to provide emergency public information (EPI) via mass warning and notification; and the ability to effectively provide financial, administrative, logistical, operational and planning support during a complex security incident. (2) IC Assessment. The NSF IC will be assessed on ICP effectiveness and his/her ability to execute tactical control of NSF response forces per NIMS/ICS. If a unified command is established, the NSF IC will still be the primary position assessed. (3) NSF response unit assessment. Responders will be assessed based on NSOXP grading criteria located in the assessment guide and the NSOXP guide. (4) The complex FTX will serve as the comprehensive FEP for the NSF-led C3 operational certification. i. To satisfactorily pass the scenario-based operational assessment the watch sections must pass all critical tasks and 80 percent of other tasks. In addition, the unit as a whole must pass the “most dangerous” scenario (one of the four required to pass) with a score of 80 percent or better. j. The CNIC assessment team leader will provide FEP and certification performance scores as follows: (1) Above average/certified: installation earned an average composite score of 90 percent or greater on all evolutions, drills and administrative spot-checks, ATTT and the complex integrated FTX. (2) Average/certified: installation earned a composite score of 80 to 89 percent on all evolutions, drills and administrative spot-checks, ITT, ATTT and the complex integrated FTX. (3) Below Average/Not-Certified: installation earned a composite score of 79 percent or less. k. Certification criteria is located in the assessment guide (appendix D). In order for the unit to pass FEP and become certified, the unit must pass the administrative, training and scenario based operational assessments with a grade of 80 percent or better, with no failures of critical tasks and no major safety incidents. 1013. Final Certification. Installation NSF C3 certification is the culmination of the NSF training and certification cycle and validates installation NSF C3 compliance of all requirements delineated herein. The CNIC assessment team leader recommends certification (or non- certification) to CNIC (N00). a. Failed to certify. An installation who does not pass FEP certification has not met minimum standards per this TRAMAN, FEP assessment guidebooks and NSOXP guide or GCC/NCC operational requirements. A grade of “Below Average/Not Certified” requires the development of a detailed IP which will be provided to CNIC N3. The installation NSF will continue its mission, however, the following steps will be taken to ensure certification within 90 to 180 days following the failure to certify: (1) REGCOM will place a Region security SME within the security department until certification is achieved. (2) Installation CO will report to the REGCOM weekly on status of remediation efforts. (3) REGCOM will review remediation plans and provide an update to CNIC (N3) monthly. (4) All watch bills, qualifications, training, drill plans and the command improvement plan IP will be reviewed by the Region N3 weekly and forwarded to CNIC (N3), via e-mail. (5) A minimum of two drills per section will be run at least two times per week for each section until certification. (6) Follow-on RASS will be scheduled at least six months after certification is achieved. (7) If certification is not achieved within 24 months of the initial CART, a second CART assessment will be conducted by CNIC.

Answer 2

Each Navy region has a designated regional kennel master who provides MWD program oversight of all MWD assets within his respective region and reports to the respective fleet kennel master the status of assigned assets. The region kennel masters’ oversight duties include, but are not limited to, management of MWD inventory within the region; review of monthly and quarterly training and utilization records; management of special tasking assignments (e.g., USSS, Olympics, and IAs); MWD program reviews of individual kennels; and, decertification of dog teams. They provide technical expertise to the regional security officer and installation commanders. The regional kennel master must be a qualified kennel master E-7 or above (MA NEC: 2006) (may be E-6 with approval from the program manager) with a minimum of 3 years kennel master experience.

Answer 3

Navy Regional Commanders (1) Provide administrative, logistical, and financial support for Marine Corps forces whenprovided to support security operations.

Answer 4

perform LE, PS and AT duties in support of installation security plans. They are armed, trained and qualified per DoD, OPNAV, CNIC policy and NTTPs. a. Newly hired NCPs are required to attend the Uniformed Police Training Program (UPTP) at the Federal Law Enforcement Training Center (FLETC) prior to being assigned LE duties. NCP will not be assigned duties which require them to be armed until all initial training, assigned position PQS, use of force training and weapons qualifications have been successfully completed, except as outlined in paragraph 1007d(1)(c). (1) The UPTP is the only course authorized for initial training of NCP within CNIC. The course of instruction (COI) is 12 weeks in length. Failure to pass this COI will result in dismissal as an NCP officer; however, reclassification through human resources (HR) is an option. Priority of attendance will be new hires followed by the least senior NCP who has not attended the UPTP or the Navy Security Forces Training Course (NSFTC) S-540-1006. Following completion of the UPTP, all NCPs will report to the installation, where qualified Trainers (qualified in duty/position) will deliver the CNIC Police Basic Training Program (PBTP) in order to complete the required DoD and Department of the Navy (DON) minimum individual training for NCP. The PBTP curriculum is located at: https://g2.cnic.Navy.mil/public/hq/CART/SECO%20TOOLBOX/Forms/AllItems.aspx. (2) Non-lethal weapons (NLW), weapons qualification, CPR/first aid and emergency vehicle operators course (EVOC) training received at UPTP meets Navy standards and will be accepted. b. Continuing service agreements (CSA). References (af), (ag) and (ai) authorize agency heads to determine the conditions for requiring employees to agree to work in the agency after completing government or non-government training. For CNIC NCP, failure to complete the UPTP or to remain with CNIC through the end of the CSA period will result in the NCP reimbursing the government for all costs associated with this training, except pay or other compensation. (1) All CNIC GS-0083 NCP hired after 1 October 2013 will attend the UPTP, conducted at the FLETC in Glynco, GA. Prior to departing their assigned installation for attendance at the UPTP, the installation staff, with assistance from the Region staff, will ensure each officer has completed the CNIC SF-182 and CSA, in its entirety, including the signature of the NCP. (a) The payback service requirement for a CNIC GS-0083 NCP is 24 months from date of graduation. (b) The graduation date will be furnished by the UPTP program manager prior to the NCP departing for school. (2) There are two categories of NCP the above cited references affects. NCP’s: (a) Who graduate from the UPTP and voluntarily separate from federal service, voluntarily leave CNIC for service in another DON Command, DoD Component or other organization in any branch of the federal government before completing their 24 month payback period or are involuntarily separated for cause or poor performance before completing their 24 month payback period. These officers are required to reimburse the government for their training. (b) Who do not graduate from UPTP and leave training are required to reimburse the government for their training. However, those who suffer an injury or medical issue while attending the UPTP will be returned to their installation pending medical review. NCP cleared by a medical doctor, must successfully complete the physical ability test (PAT) prior to resuming UPTP. The NCP will return and resume class at the same point as they were prior to leaving and will update the expected graduation date and re-acknowledge the CSA. (3) Per reference (ii), CNIC (N00) is authorized to waive any part of a police officer’s obligation to pay training expenses when a waiver is deemed in the best interest of the government or when recovery would be contrary to equity and good conscience or the public interest. This authority has been delegated to the CNIC N3 who will notify the region of determination and brief CNIC N00 on waiver request circumstances and decision. Denial of a waiver request may be appealed to the next higher level of management in the chain-of command where a final DON decision must be rendered. (4) Supervisors will deny attendance at UPTP to any NCP refusing to sign the CSA. Supervisors will consult their HR Office on appropriate steps to take in the event a NCP refuses to sign the CSA. (5) Travel is centrally funded by CNIC. Each NCP needs a defense travel system (DTS) account and a government travel charge card (GTCC). Lodging and meals are provided by the FLETC. (6) The UPTP curriculum provides a study of the basic law enforcement concepts that a new NCP should understand and be able to perform upon employment in the DON/DoD. The program is designed to provide a new NCP with the specific knowledge and skills necessary to perform at the entry level at a Navy installation. (7) The SO will ensure all NCPs graduate from the UPTP and complete the CNIC PBTP prior to assignment of duties. (8) In the event there is a backlog of officers pending attendance at UPTP, newly hired NCP will receive training in order to be qualified to perform the duties as an armed sentry. For a NCP to be qualified as an armed sentry and maximize the available time prior to attending the UPTP, the following will be accomplished: (a) Qualify with firearms required for the post the NCP will stand. 1012). academy (RTA). (b) Attend the Navy Security Guard Training Course (NSGTC/CIN: S-540- (c) Qualify with all NLWs assigned. (d) Attend the CNIC PBTP at the assigned installation or at a Region training (e) Maintain all sustainment requirements until the officer attends the COI. c. Regions will coordinate with CNIC (N3AT) for available quotas at FLETC. d. minimum training standards for NCP must be completed prior to the assumption of duties as an NCP. e. Initial training of NCP will not be grandfathered; however, for officers hired PRIOR to 7 July 2011, attendance at UPTP and PBTP may be waived per the standards compliance validation and accounted for by earning graduation certification from the Standards Compliance Course (SCC) (CIN: S-540-1016). The course is administrative in nature and serves to record, document and ensure minimum training standards are met per reference (b). Refer to the SCC procedure in paragraph 0213 of this manual. (1) The only circumstance that warrants a waiver from UPTP and PBTP is if the officer can demonstrate completion of all training requirements per reference (b). (2) The officer must provide verifiable documentation, request waiver authority from the SO and receive concurrence for the waiver from the Region Security Officer (RSO). All waiver requests must be forwarded to CNIC (N3AT) as the final approval authority to waive any CNIC officer from attendance at the UPTP. f. For NCP hired after 7 July 2011 and prior to 1 October 2013, attendance at a RTA delivered NSFTC, (CIN: S-540-1006), was required and must be annotated in DHART. In the absence of attending the NSFTC, the officer must complete the SCC per paragraph 0213. g. Physical Ability Test (PAT). The PAT serves to provide a measure of the individual’s preparedness to successfully accomplish the essential functions of the position. In order to meet the condition of employment standard, the individual tested must successfully pass the established standard for each of the two elements of the PAT. All PAT documents are contained on https://g2.cnic.Navy.mil/public/hq/CART/SECO%20TOOLBOX/Forms/AllItems.aspx. (1) The U.S. Navy has directed the implementation of a PAT for NCP and NSG per reference (b). CNIC has implemented the U.S. Army PAT. The U.S. Army is the executive agent for establishing minimum training standards for the Department of Defense (DoD) civilian police and security guards. The purpose of the test is to ensure the capability of our NCP and NSG to satisfactorily perform the physical aspect of the full range of essential job duties. Minimum physical agility standards relate to the individual's job requirements by providing relative measures of the individual's preparedness to perform physically demanding tasks in unusual or emergency situations. (2) All NCP and NSG personnel will meet the minimum standards of the performance based PAT for NCP and NSG. The PAT is based on occupational tasks. Tests will be conducted at least annually. Personnel require medical screening and clearance prior to testing. (3) The procedures below and in the PAT Guide located on CNIC G2, direct the conduct and administration of the PAT for NCP and NSG. (a) A minimum of four months must elapse before an individual who passed the PAT in one calendar year is required to take the PAT again in the next calendar year. The PAT is typically conducted during their anniversary month of being hired or during their birth month. Job descriptions and performance plans/performance standards will contain the PAT requirement. (b) New hires must be advised in writing at the time of initial employment they are required to pass a PAT within 30 days of being medically screened and cleared to initially take the PAT. New hires must pass the PAT prior to attendance at UPTP. New hires must sign a statement acknowledging they have been advised of the initial PAT and that it will also be required annually as a condition of their employment. (c) Current NCP and NSG employees must pass the PAT within one year of medical screening and clearance (will not exceed 12 months prior to PAT). (d) NCP/NSG employees who indicated a change in their health or identify an issue or concern will be referred to occupational health for additional exam/clearance. (e) The RSO/SO will designate physical screening personnel to schedule NCP and NSG for their medical physical at the installation medical treatment facility (MTF). Upon satisfactory completion of the physical and when proper documentation is forwarded to the training department, they will conduct the PAT for all NCP/NSG personnel. The medical physical will ensure personnel are cleared to participate in the PAT.

Answer 5

protect and prevent loss of materials or processes which are important to national defense and public health and safety. Unlike NCP and Master-at-Arms, NSG are prohibited from performing law enforcement functions. They are armed, trained and qualified to operate per DoD, OPNAV and CNIC policy and both the LE/PS and AT NTTPs. a. Prior to assignment, each individual who performs NSG tasks or duties will be trained and qualified to perform assigned duties. NSG will not be assigned duties which require them to be armed until all initial training, PQS, use of force training and weapons qualification have been successfully completed. b. CNIC has developed a standardized curriculum for CNIC NSGs. The four-week Navy Security Guard Training Course (NSGTC) (S-540-1012) is the only course authorized for initial training of NSG within CNIC. Failure to successfully complete this COI will result in dismissal as a NSG. All NSG new hires will be required to attend NSGTC. Priority of attendance will be new hires followed by junior NSG who have never attended the course. This course will not be grandfathered; however, Regions that have previously conducted security guard training will conduct a review of previously provided initial training compared against the DoD and DON standards. This is accomplished via the CNIC SCC. Those current NSG who have received training equal to or greater than the established SCC requirements may request a waiver from attendance at NSGTC. The RSO is the approval authority for this waiver. c. Reference (b) establishes the minimum training standards for NSGs, which must be completed prior to the assumption of duties as a NSG. d. The NSGTC will be taught at either the installation or Region, depending on resources and scheduling of required instructors.

Answer 6

The ASF is prohibited from performing law enforcement duties. The ASF augments the installation’s permanent security force during increased Force Protection Conditions (FPCON) levels or when directed by the installation CO. The main purpose of the ASF, when activated, is to augment the NSF by standing fixed post watches, typically at ECPs. ASF members are not permitted to stand post by themselves until fully qualified. a. Installation AT Training Supervisors (TRASUP) or RTAs, where still in operation, will deliver NSF sentry (NSFS) (A-830-2216) and security reaction force team member basic (SRFTM-B) (A-830-2217) courses within their respective AOR to maintain adequate security and ASF end-strength. Installations must have sufficient qualified instructors to deliver NSFS and SRFTM-B COIs according to the student to instructor ratios outlined in each course control document. b. NSFS and SRFTM-B are the only authorized courses for armed sentry Region and installation “between the lifelines” (BTL) delivery. Students will receive classroom and hands-on instruction in NLW, firearms, watch standing, basic reaction force tactics and communications. Graduates will possess knowledge of proper baton employment techniques, be able to perform as a force protection team member, be certified to carry and employ NLWs, be qualified to carry the service pistol and qualified on the rifle and shotgun, according to the arming matrix resident within the installation AT plan. Training must be conducted and reported per paragraph 0206f(1) below. c. Prerequisites. Tenant commands are responsible for validating prerequisites and screening students prior to course convening. They include: (1) No domestic violence convictions and no current FAP cases. (2) Physically fit or has passed last physical fitness assessment. (3) No light duty. (4) Must be medically prescreened to participate in NLW training d. Equipment. Per reference (x), the NSF authorized equipment list (AEL) will include equipment and materiel required for ASF. The CNIC table of allowance (TOA) lists the CNIC approved equipment and material based on the AEL for specific NSF units at CNIC Regions or installations. The TOA is based on operational requirements and authorized manning as identified in the mission profile validation-protection (MPV-P). Installations are encouraged to maximize existing resources within the security training program. e. Prior to instructing a course, the AT TRASUP will check My Navy Portal (MNP) to verify the most current curriculum is being taught. Course material for NSFS and SRFTM-B can be found on the CENSECFOR curriculum web page on MNP. f. Reporting requirements for NSFS and SRFTM-B. (1) Upon completion of NSFS (A-830-2216)/SRFTM-B (A-830-2217), Regions and installations will report course completion via a Navy message to Training Support Center (TRASUPPCEN) Hampton Roads (TSC HR). TSC HR is the Navy’s central repository for all course completion reporting for these courses. Messages will info the following addresses: CNIC/N3, REGCOM/N3 and CENSECFOR NORFOLK VA/N5. (2) An example of the required routine graduation message can be found in Exhibit A of this chapter (“Report of Training NSFS and SRFTM-B”). g. For personnel who indicate they have attended but do not show attendance in their electronic training jacket (ETJ) for armed sentry training, RTA and installation AT TRASUP (E-6 and above or CIV equivalent) will verify student attendance by having the individual provide a copy of their graduation certificate from any of the COIs listed above. The RTA or installation AT TRASUP is then required to submit a course attendance message to update verification in personnel ETJs per the “report of training BTL armed sentry training” template, Exhibit B of this chapter. Under no circumstances will an ASF member be permitted to perform NSF duties until all required courses have been verified or attended.

Answer 7

NR NSF units are established at Navy installations with the intent to meet additional NSF manning requirements in support of major events, incidents and heightened or prolonged FPCON. Manning for NR NSF units is determined per installation AT Plans. NR force personnel are not authorized to fill MWD handler billets due to inability to maintain proficiency watches in a reserve status. NR NSF members may not qualify for service in an HPU and will not be assigned to HPU duties, except as outlined below. a. Due to significant manning shortfalls, NR NSF personnel who are already crewmember qualified and obtain all required weapons qualifications and 2nd class swim qualifications may be utilized when on orders of 30 days or longer to supplement the loss of personnel or loss of qualifications. The NR NSF COs also receive direction from the RSO via the Region Reserve Security Coordinator (RSC). COs are responsible for ensuring their NR NSF units are manned, trained and equipped to meet mission readiness requirements as set forth in this manual. NOTE: Reservists assigned to NOSCs as armed watch standers do not fall into this category and are not required to be trained to this standard. The requirements in this TRAMAN are specifically for those MAs assigned to NR NSF billets at the installation level. b. NR NSF MAs are required to have identical training accession paths as active duty MAs, receiving training in LE, PS, AT and security reaction force-basic and security procedures to include, but not limited to: pier sentry, force protection conditions, physical security safeguards, apprehension, search and seizure and use of force and deadly force as they pertain to the duties of the NSF. NR NSF unit COs are responsible to the SO for ensuring NR NSF members under their cognizance are fully trained, qualified and certified per this manual and for maintaining copies of all reserve training records in a manner that is accessible to SOs and their staff. c. All NR NSF must complete Master-at-Arms “A” school prior to being assigned to a position within the security department. d. Trained and qualified NR NSF may also be utilized to assist in enterprise NSF training and certification of NSF operational forces and physical security requirements wherever assigned (e.g., Navy Operational Support Centers (NOSCs) and installations). e. NR NSF MAs will have NSF training documented in their individual training record maintained by their assigned security department. Installation trainers are required to add NR NSF MAs to their installation DHART account and track reserve training and qualifications using DHART.

Answer 8

The NSF is a continually operating force with no maintenance phase and will maintain a constant state of sustained readiness throughout the year. Therefore, the NSF training cycle must follow a continuous sustainment phase with periodic assessments of both administrative and operational programs to remain ready to respond to all hazards. The 36-month training and certification cycle is supported by annual and reportable installation comprehensive program review SA utilizing assessment check sheets. The 15 to 18-month period of formal outside assessments begins with CART and culminates with a FEP and the certification of the installation’s NSF C3 as depicted in (figures 1-1 and 1-2). Throughout the entire training and certification cycle, new personnel are “on-ramped” (join the training cycle when they report) into the NSF through individual training and qualification utilizing the FTP and PQS. Generally, junior or less experienced NSF members are mentored and trained by more experienced collateral duty Field Training Officers (FTOs) or qualified personnel on post, until ready for independent professional watch-standing. Additionally, the FTO ensures PQS items are completed and the watch stander has demonstrated the capability to stand a proper watch through oral boards and level of knowledge testing.

Answer 9

a. Installation SA. The installation conducts an administrative and operational assessment of its NSF to determine shortfalls in NSF core capabilities and gaps in defense readiness reporting system – Navy (DRRS-N) readiness. The unit self-identifies deficiencies utilizing assessment check sheets and works both internally and with the REGCOM staff to solve deficiencies and prepare for a successful CART. SA results will be reported annually to the respective REGCOM, including status of readiness for CART and any plans/mitigations required to sustain NSF readiness. b. Command Assessment for Readiness and Training. CART is primarily an administrative program assessment with an operational component designed to evaluate post checks, evolutions and drills during the weeklong event. CART is led by CNIC (N3) and is used as the basis to determine if the NSF is ready to conduct unit level training during the high operational tempo (OPTEMPO) of daily force protection operations. The assessment phase of the training and certification cycle will include watch teams demonstrating proficiency in evolutions (e.g., ECP turn around procedures, guard mount, preplanned response (PPRs)) and cascading Navy security operations exercise program (NSOXP) drills, with one of the drills being a cascading installation-wide integrated event to evaluate NSF ability to respond to more than one event simultaneously in succession with other installation programs and off-installation support. The CART assessment team will also certify the ATTT readiness to train and assess the installation NSF. Following the CART, the installation will confer with their Region and use the CART results to develop a detailed command IP to address and correct any administrative program, ATTT or watch team deficiencies and identify any follow-on training requirements (including standardized and aligned shore enterprise MTTs/courses) in preparation for the upcoming RASS. The CART also provides the NCC an opportunity to validate an installation’s adherence to NSF operational requirements. The command IP will address any doctrine, organization, training, material, leadership, education, personnel and facility (DOTMLPF) issues discovered during the SA program review and develop a plan of action and in order to properly address the mitigation and correction of the finding. c. Unit level training. Unit level training will occur continuously. During the assessment phase, installation and headquarters training and assessment teams will pay particular attention to evolutions (standard operating procedures (SOP) and PPRs) and drills (NSOXPs). Figure 1-3 is an example of a quarterly drill schedule. Installation NSF conducts collective training in assigned Navy tactical tasks (NTAs), as a stand-alone unit (notional NSF organization in Figure 1-4). Training is accomplished through drills using the USFF-developed and approved NSOXP and LE sustainment training. This phase also may include outside assist visits and MTTs, as identified during CART. These training opportunities will not only focus on watch stander’s proficiency, but also the validation and improvement of response procedures and plans.

Answer 10

a. General (1) COs shall ensure that their commands conduct crime prevention measures to reduce the risk of crime. These measures must include proactive methods. (2) The ISO of the host activity will establish a crime prevention program at the installation providing assistance to tenant activities, if requested, including: (a) Designating a crime prevention coordinator within the NSF. (b) Publishing procedures for crime prevention. (c) Maintaining an active liaison with NCIS, local LE, and other organizations to provide for an exchange of crime prevention-related information. (d) Offering crime-prevention services, including crime-prevention briefings and surveys. (e) Participating in crime-prevention campaigns to highlight specific crime problems for intensified public awareness efforts. When possible, Navy campaigns should coincide with national crime-prevention campaigns. (f) Making crime-prevention practices a part of the daily operations of the NSF, involving all members of the unit. (g) Using all available records and information to develop and maintain trends and analysis information. b. Crime Prevention Assistance. NCIS STAAT will have personnel trained in crime prevention who can provide assistance in developing or improving NSF crime-prevention programs. c. Surveys. The NSF shall conduct crime-prevention surveys for living quarters (both residential and barracks), at non appropriated fund/retail activities, and at morale, welfare and recreational facilities on request. These surveys are designed to assess the vulnerability of the location as a target for crime and to provide recommendations to reduce vulnerability. The NSF should advise these activities of this service, keep a record of all crime-prevention surveys conducted, and follow up to see whether recommendations made have been completed.

Answer 11

a. General (1) COs shall ensure that their commands conduct crime prevention measures to reduce the risk of crime. These measures must include proactive methods. (2) The ISO of the host activity will establish a crime prevention program at the installation providing assistance to tenant activities, if requested, including: (a) Designating a crime prevention coordinator within the NSF. (b) Publishing procedures for crime prevention. (c) Maintaining an active liaison with NCIS, local LE, and other organizations to provide for an exchange of crime prevention-related information. (d) Offering crime-prevention services, including crime-prevention briefings and surveys. (e) Participating in crime-prevention campaigns to highlight specific crime problems for intensified public awareness efforts. When possible, Navy campaigns should coincide with national crime-prevention campaigns. (f) Making crime-prevention practices a part of the daily operations of the NSF, involving all members of the unit. (g) Using all available records and information to develop and maintain trends and analysis information. b. Crime Prevention Assistance. NCIS STAAT will have personnel trained in crime prevention who can provide assistance in developing or improving NSF crime-prevention programs. c. Surveys. The NSF shall conduct crime-prevention surveys for living quarters (both residential and barracks), at non appropriated fund/retail activities, and at morale, welfare and recreational facilities on request. These surveys are designed to assess the vulnerability of the location as a target for crime and to provide recommendations to reduce vulnerability. The NSF should advise these activities of this service, keep a record of all crime-prevention surveys conducted, and follow up to see whether recommendations made have been completed.

Answer 12

FPCON measures for installations and ships are contained in reference l a). Commands that do not possess an organic security force and require support to implement measures and ensure protection of their forces shall contact the regional commander in whose AOR they are physically Located, NCC and/or GCC for provision of additional protection. All Navy installations or units owning a perimeter are required to possess the capability of self-defense as required in FPCONs ALPHA and BRAVO.

Answer 13

a. Defense in depth: The fundamental concept of asset protection, no matter what the specific mission, is defense in depth using multiple layers of zones, coordinated use of various assets including sensors, and the coordinated efforts of air, land, and sea forces. b. Security zones: established to provide protection to HVAs and to control civilian/commercial vessel traffic in a designated area. As a general rule, DOD has authority over security zones outside of U.S. Government jurisdiction and the USCG has authority over security zones within areas of U.S. Government jurisdiction. They are configured to protect stationary HVAs (assets at anchor, pier side, or ashore) and underway HVAs. Security zone is an overarching term and inclusive of the following three zones: 1. Reaction Zone: Ideally, the reaction zone extends at least 1,000 yards/meters from the HVA. The reaction zone is where unidentified or potentially hostile contacts are engaged with increasing levels of force until they retreat outside of the zone or are no longer a threat. Potentially hostile threats are not allowed to approach the HVA inside this minimum distance. Any vessel traffic in this zone must be kept under positive control. The actual distance for this zone may be based on the FPCON in effect for that AO. Any attempt to penetrate the reaction zone, after being warned off by security boats, could constitute hostile intent. 2. Intercept Zone: Ideally, the intercept zone extends at least 1,000 yards/meters from the outer boundary of the reaction zone away from the HVA. This zone is established to increase the time to react to a threat. Screening vessels (SVs) patrol this zone and intercept COIs entering this zone to determine their intent. Vessel traffic in this zone is controlled. Personnel, vehicle, and vessel access control points may be constructed to control shore side and waterside access from outside the perimeter to this zone. The actual distance for this zone may be based on the FPCON in effect for that AO, physical characteristics of the terrain, activity, and the corresponding threat analysis. The intercept zone may be divided into two or more sectors based on the number of available tactical boats. 3. Assessment Zone: The assessment zone is the outermost security zone for HVA protection and extends to the reach of organic and inorganic sensors. This zone may be integrated into the overall defensive sea area force protection plan. Security forces detect and identify COIs as they approach or pass near the intercept zone. Security forces assigned to a specific HVA typically do not patrol the distant assessment zone, nor do they generally control access or challenge contacts unless their track will approach the intercept zone. Establishing authorities will specify procedures and limits of the assessment zone in appropriate OPORDs or directives for operational areas. c. Limited access areas: Ideally, the intercept zone extends at least 1,000 yards/meters from the outer boundary of the reaction zone away from the HVA. This zone is established to increase the time to react to a threat. Screening vessels (SVs) patrol this zone and intercept COIs entering this zone to determine their intent. Vessel traffic in this zone is controlled. Personnel, vehicle, and vessel access control points may be constructed to control shore side and waterside access from outside the perimeter to this zone. The actual distance for this zone may be based on the FPCON in effect for that AO, physical characteristics of the terrain, activity, and the corresponding threat analysis. The intercept zone may be divided into two or more sectors based on the number of available tactical boats.

Answer 14

Typical LAAs include: 1. The NVPZ is a civil statutory zone established by USCG regulations for the safety and security of U.S. naval vessels in the navigable waters of the United States. The NVPZ is a 500-yard regulated area of water, including a 100-yard exclusion zone, surrounding large USN vessels (including Military Sealift Command ships) and is in effect at all times in the navigable waters of the U.S. (out to 3 nautical miles), whether the vessel is underway, anchored, moored, or within a floating dry dock, except when the naval vessel is moored within a restricted area or within a defensive sea area. As defined in the regulation, the 500-yard regulated area of water provides for the safety and security of these vessels. Under normal circumstances, vessels are allowed to pass through the regulated area of the NVPZ but shall operate at the minimum speed necessary to maintain a safe course, unless required to maintain speed by the navigation rules. No vessels or persons are allowed within 100 yards of a naval vessel unless authorized by the USCG, the senior naval officer present in command, or their authorized representative(s). 2. Safety zones: Safety zones to limit access to vessels, structures, and shore areas for safety or environmental protection purposes because of hazardous conditions may be established by the cognizant COTP under the authority of 33 USC 1221, Title 33 Code of Federal Regulations (CFR), Part 165, Sections 5 and 20 (CFR 165.5 and 165.20). 3. Regulated navigation areas: Regulated navigation areas to provide for the safety of navigation may be established through the cognizant USCG district commander under the authority of 33 USC 1221, 33 CFR 165.5/165.11. 4. Restricted waterfront areas: A naval component commander who determines that a need exists to restrict access to port facilities and vessels to essential personnel must request that the cognizant COTP institute access controls. See 33 CFR, 6 and 125, and COMDTINST M16000.12 (series), Marine Safety Manual, Volume VII, Port Security, Chapter 3, for amplifying information. 5. Security zones: LAAs specifically established to protect HVAs are designated as security zones. These are tactical areas controlled by legal and military force. CONUS security zones are established to safeguard harbors, vessels, and waterfront facilities against sabotage or other subversive acts by the cognizant COTP under the authority of 50 USC 191 and 33 CFR 6.04-6, 165.30, and 165.5. A security zone is an effective tool for controlling vessel movements and limiting access to sensitive areas because it provides surface units with a legally enforceable perimeter. It is easily established and contains the “force of criminal law” in USCG jurisdictional areas. Security zones may be established only by the COTP, district commander, area commander, or commandant for areas under USCG authority. The authority creating the zone will determine its physical size and restrictions it imposes on those seeking to enter or operate within it.

Answer 15

a. Intercept phase: Tactical boat intercepts are typically initiated after visual or electronic detection, other prompts, and/or intelligence reports. The following factors influence how intercepts are to be conducted. b. Approach phase: The approach phase occurs when a tactical boat closes a COI to determine intent. The coxswain typically makes the final decision regarding the method of approach, the speed used, and the distance to which the boat will close. Note: Within safety constraints, the closer a tactical boat can approach, the better it will be able to exert command presence and conduct a thorough visual examination of the COI. Beware of dangerous objects being thrown from a COI during the approach phase. c. Engagement phase: The most important task a tactical boat can execute is determining if a COI has hostile intent. Both DOD and the USCG have specific guidance on how to conduct operations in regard to ROE, policy on the RUF, and the use of deadly force. Discussion of command relationships, the Coast Guard Use of Force Policy, DOD and DOD guidance as contained in CJCS Instruction (CJCSI) 3121.01 (series), Standing Rules of Engagement/Standing Rules for the Use of Force for U.S. Forces.

Answer 16

Waterfront fighting positions for nonnuclear weapons security areas shall be established as follows: a. FPCONs NORMAL/ALPHA and BRAVO: Posted such that overlapping fields of fire are provided to protect HVUs. The location and number of fixed fighting positions will be based on the asset to be protected, geography, and pier layout. This determination shall be documented in the installation AT plan. Fighting positions will be armed with light, medium, or heavy machineguns. Flares shall be available for signal and alert notifications. This post may consist of a single person unless manning a crew-served weapon, in which case the team will consist of two persons. b. FPCONs CHARLIE and DELTA: Waterfront fighting positions shall be positioned at fixed locations to protect all Priority A, B, and C ships. Concussion grenades shall be made available.

Answer 17

a. Security patrols: Single-person mobile patrol units assigned to a specific asset protection zone. b. Law enforcement: Single patrols responsible for police duties within a patrol zone. c. Foot and bicycle: Assign these patrols to smaller areas on the installation or those areas with a higher concentration of resources, population, and/or criminal activity. Portable radios link these patrols to the control center and other patrols. MWD teams may supplement foot patrols. d. Motorized: This method provides mobility and improves the capability to cover a large area of the installation while carrying equipment and personnel. Effective motorized patrols vary their routes. Do not set a pattern or establish a routine. e. Waterborne: The primary mission of the waterborne patrol shall be to deter unauthorized entry into waterside restricted areas, maintain perimeter surveillance, and intercept intruders prior to their approaching Navy ships in port. Waterborne patrols shall consist of a minimum of two personnel per craft. f. Reserve: Provide a reserve response capability for emergencies. This may include supervisory. patrols, security backup force, or staff personnel. g. Special purpose These patrols usually combine motorized, foot, and bike patrols. Special-purpose patrols support unique events (e.g.,distinguished visitor conferences, base open house or air shows, unique mission aircraft landings, etc.). Other types of patrols that meet special purposes include horse and all terrain vehicle patrols.

Answer 18

1. Apprehension is the taking of a person into custody. Apprehension is the equivalent of arrest in civilian terminology. An apprehension is different from detention of a person for investigative purposes, although each involves the exercise of government control over the freedom of movement of a person. An apprehension must be based on probable cause, and the custody initiated in an apprehension may continue until proper authority is notified and acts under MCM Rule 304 or 305. 2. An investigative detainment may be based on less than probable cause and normally involves a relatively short period of custody. Furthermore, an extensive search of the person is not authorized incident to an investigative detention, as it is with an apprehension. 3. An apprehension is the restraint of a person by oral or written order not imposed as punishment, directing the person to remain within specified limits.

Answer 19

1. A juvenile is identified as a person who is less than 18 years of age at the time of the incident being investigated and who is not active duty military. Certain precautions must be observed when questioning juveniles, regardless of whether they are the victim, witness, suspect, or subject. Investigative steps for the gathering of evidence in juvenile offenses are the same as those used in cases involving adult suspects. Ensure the juvenile is processed according to Chapters 401 and 403, Part IV, Title 18, U.S.C. 2. A civilian Miranda warning must be given to a juvenile in terms that he or she can understand. The warning should be given in the presence of a parent, guardian, or advocate IAW applicable laws. 3. Detained juvenile suspects cannot be placed in confinement facilities or detention cells. Juveniles may be temporarily detained in police administration office areas or those areas authorized by the SJA. Unless a juvenile is taken into custody for serious offenses, do not take any fingerprints or photographs without written parental or judicial consent. Do not release any names or pictures of juvenile offenders to the public.

Answer 20

f. Potentially dangerous situations. Because of the potential dangers involved, NSF personnel should not pull alongside a fleeing motorist in an attempt to force the subject into a ditch, curb, parked car, or other obstacle. (1) Never pass a violator while in pursuit. The danger of an accident is increased, and the opportunity for escape becomes greater through quick application of the brakes and a sudden turn by the violator. (2) To avoid being apprehended, many motorists take dangerous chances. Regardless of the extenuating circumstances, NSF should not duplicate any hazardous maneuvers. (3) In the apprehension of traffic offenders and other violators, a patrol must be sensitive to safety. This means operating the vehicle in a manner that shows consideration for: (a) The patrol officer’s safety. (b) The safety of the violator whose apprehension is sought. (c) Above all, the safety of others using the same roadway. (4) NSF personnel must recognize and accept the fact that one will not be able to successfully apprehend every perpetrator who flees from them. g. Use of firearms. h. Use of roadblocks. Because of the extreme and obvious dangers inherent in the use of roadblocks in pursuit situations, setting up roadblocks for the purpose of apprehending wanted suspects must not be used when it is likely that innocent persons would be endangered. i. Terminating a pursuit. NSF personnel must use their best judgment in evaluating the pursuit and continuously consider whether to continue the pursuit. Never let a personal challenge enter into the decision. The patrol should be aware the decision to abandon pursuit is, under certain circumstances, the most intelligent and most professional course of action. Stop any pursuit when the hazards of exposing the NSF member or the public to unnecessary dangers are high or the environmental conditions show the futility of continued pursuit. (2) It is difficult to describe exactly how a fleeing motorist could or should be apprehended except that it must be done legally and safely. It is also difficult to list any particular traffic regulations personnel could or should not disregard. Likewise, one cannot set a safe, maximum pursuit speed. NSF members must use their own judgment, their training and overall experience, and guidelines in this publication, and apply them collectively to the existing circumstances. The WC should monitor and may terminate all pursuits.

Answer 21

The courts consider handcuffing a use of force. The U.S. Supreme Court decision Graham v Connor (1969) held that police officers’ decision to use force must be judged from the “perspective of a reasonable officer, within circumstances that are often tense, uncertain, and rapidly evolving.” This standard asks whether the NSF actions are objectively reasonable in light of the facts and circumstances confronting them. Analyze all force situations to ensure use of the minimum level of force that will safely protect you from injury. Do not use more force than is necessary to complete an apprehension, yet keep self and others free of danger.

Answer 22

protect an individual from being compelled in any criminal case to be a witness against him/herself.

Answer 23

Specifically, a person subject to the UCMJ who is required to give warnings under Article 31 may not interrogate or request any statement from suspects or persons suspected of an offense without first advising individuals of their rights.

Answer 24

NSF may question an individual without a warning up to the point where they suspect the individual may have committed a crime. a. NSF may ask an individual the following administrative questions without providing a warning: name, social security number, duty station and/or address, date of birth, height, rank (if military), weight, etc. b. An appropriate warning must precede any incriminating questions.

Answer 25

Military Suspect’s Acknowledgement and Waiver of Rights will be used to document the military subject’s waiver of rights. This form also provides space at the bottom to begin a written statement. A written statement must always begin on the same page as the waiver of rights.

Answer 26

Civilian personnel suspected of an offense should be provided with a Miranda warning if they are in custody or otherwise deprived of freedom of action in any significant way. (2) The point at which a civilian is suspected of an offense is the same as for military personnel. (3) The warning must be given by LE or investigations personnel. (4) Civilian Suspect’s Acknowledgement and Waiver of Rights will be used to document the civilian subject’s waiver of rights. This form also provides space at the bottom to begin a written statement. A written statement must always begin on the same page as the waiver of rights. (5) A civilian warning must be given to a juvenile in terms that he or she can understand. The warning should be given in the presence of a parent or guardian, if at all possible. If a parent or guardian is not present, ensure that an advocate is present while the juvenile is advised of his or her rights.

Answer 27

In most foreign countries where the United States maintains military facilities, foreign nationals (citizens of that country or another foreign country) who commit an offense against the property of the United States or against the person or property of members of the Armed Forces located at the activity are not subject to the laws of the United States. However, with respect to U.S. Naval Station Guantanamo Bay, which is part of the Special Maritime and Territorial Jurisdiction of the United States as defined at 18 U.S.C. 7(3), foreign nationals can be prosecuted for violations of U.S. law committed there. (2) Suspects who are foreign nationals should be warned or advised IAW the procedures that control such advice in the country where the base is located. Such situations are extremely sensitive, and specific guidance shall be obtained from the local SJA before any process of apprehension occurs. SOFAs may also apply. (3) Do not question non-English-speaking U.S. citizens or foreign visitors until their level of understanding of their rights can be fully ascertained. Call the SJA for guidance in any cases where there are questions.

Answer 28

When a suspect has made incriminating statements in response to questioning by NSF, a command representative, or other personnel during questioning/interrogation without a warning of rights beforehand, or when it is suspected that an existing criminal admission was improperly obtained from a suspect, the suspect must be advised that the previous admission cannot be used against him or her in a trial by court martial or other court of law. A “cleansing warning” must be provided to the suspect (e.g., “I advise you that any prior admissions or other improperly obtained evidence which incriminated you cannot be used against you in a trial by court-martial or other court of law”), as appropriate. But in the case of an unsolicited statement or spontaneous utterance (i.e., not in response to interrogation or questioning), a cleansing warning would not be required or even desirable (from the government’s perspective). This statement will be acknowledged at the bottom of the appropriate rights advisement form. Prior questionable admissions made by a suspect must be completely documented, to include particulars about previous warnings. This information shall be included in the investigative report and any documents pertaining to the report.

Answer 29

NSF may ask questions of a suspect without a warning for the NSF’s personal security if the suspect may have information relative to the scene of the incident, knowledge of which could protect the NSF member.

Answer 30

A witness or victim of a crime will not be provided with a military or civilian warning of rights. If, during an interview, a witness or victim is reasonably suspected of an offense or of making false statements, then appropriate warnings should be given at that time.

Answer 31

A search is an examination of a person, property, or premise to uncover evidence of a crime or criminal intent (e.g., stolen goods, burglary tools, weapons, etc.). Search and seizure includes the procedures to obtain authorization for searches; documentation requirements for authorization and evidence; determination of the scope of a search and articles subject to search and seizure; suspect rights; rights to privacy; body searches; conducting entry; identification, automobile, area, and consent searches; search procedures; safety and security measures; and chain of custody. NSF may conduct searches of persons, property, or areas within jurisdictional limitations. General information on search and seizure is found in the MCM. Up-to-date information may be obtained from the SJA or the servicing region legal service office. With few exceptions, evidence obtained in an illegal search is inadmissible at a court- martial.

Answer 32

Examinations to Locate and Confiscate Weapons or Contraband. (A) An inspection may include an examination to locate and confiscate unlawful weapons and other contraband provided that the criteria set forth in subdivision (b)(3)(B) are not implicated. (B) The prosecution must prove by clear and convincing evidence that the examination was an inspection within the meaning of this rule if a purpose of an examination is to locate weapons or contraband, and if: (i) The examination was directed immediately following a report of a specific offense in the unit, organization, installation, vessel, aircraft, or vehicle and was not previously scheduled; (ii) Specific individuals are selected for examination; or (iii) persons examined are subjected to substantially different intrusions during the same examination.

Answer 33

A reasonable examination, accounting, or other control measure used to account for or control property, assets, or other resources. It is administrative and not prosecutorial in nature, and if applicable, the inventory must comply with Mil. R. Evid. 312. An examination made for the primary purpose of obtaining evidence for use in a trial by court-martial or in other disciplinary proceedings is not an inventory within the meaning of this rule.

Answer 34

NSF should make use of entry- and exit-point vehicle inspections to ensure compliance with vehicle safety and registration requirements, safeguard government property, control contraband, and deter and detect impaired driving. Mobile vehicle inspection teams shall be used both at ECPs and within the installation to conduct vehicle inspections as part of the installation PS program. Mobile vehicle inspection teams shall consist of at least two inspectors and a supervisor. Persons and vehicles attempting to enter an activity may not be inspected over the objection of the individual; however, those who refuse to permit inspection shall not be allowed to enter. Persons who enter shall be advised in advance that they and their vehicles are subject to inspection while aboard the activity or within the restricted area. (A properly worded sign to this effect prominently displayed in front of the entry point will suffice.) There are three general categories of vehicle inspections conducted by ECP and mobile inspection team personnel.

Answer 35

Federal agents (i.e., Federal Bureau of Investigation, U.S. Secret Service, NCIS, CIA, Defense Intelligence Agency, Army Criminal Investigation Division, and Air Force Office of Special Investigations) when conducting official business, upon presentation of their special agent credentials when entering or leaving Navy activities, are exempt from administrative inspections. This exemption includes vehicles used by them in the course of official business and all occupants therein

Answer 36

a. Administrative inspection. A vehicle inspection that includes the verification of occupant identity and, in the case of commercial vehicles, the verification of delivery documents (e.g., bill of lading). These tasks may be satisfied by official access lists and other accepted documents. b. Intermediate inspection of vehicles. As in administrative inspections, intermediate inspections must verify driver identity, cargo, and destination. Additionally, intermediate inspections are done to observe the entire vehicle exterior portions in plain sight, including under the vehicle. Limited questioning of drivers should take place during intermediate inspections. This level of inspection is used as a part of spot checks. c. Complex inspection of vehicles. In addition to the requirements of the administrative and intermediate inspections, complex inspections are done to observe all exterior and interior vehicle spaces normally accessible without the use of special tools or destruction of the vehicle infrastructure. Nondestructive inspection of vehicle cargo and passenger areas is expected. This procedure includes physical observation of vehicle interior, including cargo spaces that may be sealed.

Answer 37

1. Medical aid. NSF may conduct a search of persons or property in a good-faith effort to render immediate medical aid, to obtain information that will assist in the rendering of such aid, or to prevent immediate or ongoing personal injury. 2. Search of and by the opposite gender. Searching members of the opposite gender and premises occupied by members of the opposite gender is sensitive. Take certain precautions, carefully consider actions, and use common sense. a. NSF may search outer garments (e.g., jackets, coats, etc.) and hand-carried items of a member of the opposite gender. b. Regardless of the gender of the person being searched, conduct searches in the same manner. NSF or other military persons of the same gender conduct the search unless an urgent safety or security need exists. c. NSF may conduct a search of premises exclusively occupied by members of the opposite gender. It is recommended but not required that NSF or military personnel of the same gender as the occupants of the premises be present during the search. d. When possible, NSF should avoid conducting searches of personnel of the opposite gender. However, if such searches are required, ensure there is at least one witness present

Answer 38

Driving Under the Influence of Alcohol/Drugs. NSF will be alert to any person operating a motor vehicle on an installation while under the influence of alcohol or drugs. Persons operating a motor vehicle on a military installation have given consent to one or more evidential tests (i.e., blood, breath, urine samples) for alcohol and other drugs. Procedures for measuring alcohol content or presence of drugs will be consistent with those approved by the installation's state or host nation. Devices that measure such readings will be calibrated and tested per state or host-nation regulations. NSF personnel performing LE duties will be qualified to perform field sobriety testing consistent with state or host-nation regulations.

Answer 39

Command-authorized searches (probable-cause search authorizations) will be conducted only after a determination that probable cause exists that a person, property, or evidence connected to a crime is located in a specific place or on a specific person who committed the offense, and that the fruits or instruments of the offense are in a specific place. Confer with the command SJA or legal office for assistance with obtaining a command search authorization.

Answer 40

Search for Weapons and Destructible Evidence. A lawful search incident to apprehension may include a search for weapons or destructible evidence in the area within the immediate control of a person who has been apprehended. “Immediate control” means that area in which the individual searching could reasonably believe that the person apprehended could reach with a sudden movement to obtain such property.

Answer 41

General rule. Evidence obtained as a result of an unlawful search or seizure made by a person acting in a governmental capacity is inadmissible against the accused if: (1) the accused makes a timely motion to suppress or an objection to the evidence under this rule; (2) the accused had a reasonable expectation of privacy in the person, place, or property searched; the accused had a legitimate interest in the property or evidence seized when challenging a seizure; or the accused would otherwise have grounds to object to the search or seizure under the Constitution of the United States as applied to members of the Armed Forces; and (3) exclusion of the evidence results in appreciable deterrence of future unlawful searches or seizures and the benefits of such deterrence outweigh the costs to the justice system. (b) Definition. As used in this rule, a search or seizure is “unlawful” if it was conducted, instigated, or participated in by: (1) military personnel or their agents and was in violation of the Constitution of the United States as applied to members of the Armed Forces, a federal statute applicable to trials by court-martial that requires exclusion of evidence obtained in violation thereof, or Mil. R. Evid. 312-317; (2) other officials or agents of the United States, of the District of Columbia, or of a State, Commonwealth, or possession of the United States or any political subdivision of such a State, Commonwealth, or possession, and was in violation of the Constitution of the United States, or is unlawful under the principles of law generally applied in the trial of criminal cases in the United States district courts involving a similar search or seizure; or (3) officials of a foreign government or their agents, where evidence was obtained as a result of a foreign search or seizure that subjected the accused to gross and brutal maltreatment. A search or seizure is not “participated in” by a United States military or civilian official merely because that person is present at a search or seizure conducted in a foreign nation by officials of a foreign government or their agents, or because that person acted as an interpreter or took steps to mitigate damage to property or physical harm during the foreign search or seizure.

Answer 42

Evidence resulting from a search of government property without probable cause is admissible under this rule unless the person to whom the property is issued or assigned has a reasonable expectation of privacy therein at the time of the search. Normally a person does not have a reasonable expectation of privacy in government property that is not issued for personal use. Wall or floor lockers in living quarters issued for the purpose of storing personal possessions normally are issued for personal use, but the determination as to whether a person has a reasonable expectation of privacy in government property issued for personal use depends on the facts and circumstances at the time of the search.

Answer 43

Evidence that was obtained as a result of an unlawful search or seizure may be used when the evidence would have been obtained even if such unlawful search or seizure had not been made.

Answer 44

Good Faith Execution of a Warrant or Search Authorization Evidence that was obtained as a result of an unlawful search or seizure may be used if: (A) the search or seizure resulted from an authorization to search, seize or apprehend issued by an individual competent to issue the authorization under Mil. R. Evid. 315(d) or from a search warrant or arrest warrant issued by competent civilian authority; (B) the individual issuing the authorization or warrant had a substantial basis for determining the existence of probable cause; and (C) the officials seeking and executing the authorization or warrant reasonably and with good faith relied on the issuance of the authorization or warrant. Good faith is to be determined using an objective standard.

Answer 45

Standard. Unless otherwise provided in this Manual, the burden of proof on any factual issue the resolution of which is necessary to decide a motion shall be by a preponderance of the evidence.

Answer 46

A person may not be convicted of resisting apprehension if the attempted apprehension is illegal, but may be convicted of other offenses, such as assault, depending on all the circumstances. An attempted apprehension by a person authorized to apprehend is presumed to be legal in the absence of evidence to the contrary. Ordinarily the legality of an apprehension is a question of law to be decided by the military judge.

Answer 47

General rule. Evidence obtained from body views and intrusions conducted in accordance with this rule is admissible at trial when relevant and not otherwise inadmissible under these rules.

Answer 48

(1) Consensual Examination. Evidence obtained from a visual examination of the unclothed body is admissible if the person consented to the inspection in accordance with Mil. R. Evid. 314(e). (2) Involuntary Examination. Evidence obtained from an involuntary display of the unclothed body, including a visual examination of body cavities, is admissible only if the inspection was conducted in a reasonable fashion and authorized under the following provisions of the Military Rules of Evidence: (A) Inspections and inventories under Mil. R. Evid. 313; (B) Searches under Mil. R. Evid. 314(b) and 314(c) if there is a reasonable suspicion that weapons, contraband, or evidence of crime is concealed on the body of the person to be searched; (C) Searches incident to lawful apprehension under Mil. R. Evid. 314(g); (D) Searches within a jail, confinement facility, or similar facility under Mil. R. Evid. 314(h) if reasonably necessary to maintain the security of the institution or its personnel; (E) Emergency searches under Mil. R. Evid. 314(i); and (F) Probable cause searches under Mil. R. Evid. 315.

Answer 49

Intrusion into Body Cavities. (1) Mouth, Nose, and Ears. Evidence obtained from a reasonable nonconsensual physical intrusion into the mouth, nose, and ears is admissible under the same standards that apply to a visual examination of the body under subdivision (b). (2) Other Body Cavities. Evidence obtained from nonconsensual intrusions into other body cavities is admissible only if made in a reasonable fashion by a person with appropriate medical qualifications and if: (A) at the time of the intrusion there was probable cause to believe that a weapon, contraband, or other evidence of crime was present; (B) conducted to remove weapons, contraband, or evidence of crime discovered under subdivisions (b) or (c)(2)(A) of this rule; (C) conducted pursuant to Mil. R. Evid. 316(c)(5)(C); (D) conducted pursuant to a search warrant or search authorization under Mil. R. Evid. 315; or (E) conducted pursuant to Mil. R. Evid. 314(h) based on a reasonable suspicion that the individual is concealing a weapon, contraband, or evidence of crime.

Answer 50

Extraction of Body Fluids. Evidence obtained from nonconsensual extraction of body fluids is admissible if seized pursuant to a search warrant or a search authorization under Mil. R. Evid. 315. Evidence obtained from nonconsensual extraction of body fluids made without such a warrant or authorization is admissible, notwithstanding Mil. R. Evid. 315(g), only when probable cause existed at the time of extraction to believe that evidence of crime would be found and that the delay necessary to obtain a search warrant or search authorization could have resulted in the destruction of the evidence. Evidence obtained from nonconsensual extraction of body fluids is admissible only when executed in a reasonable fashion by a person with appropriate medical qualifications.

Answer 51

Other Intrusive Searches. Evidence obtained from a nonconsensual intrusive search of the body, other than searches described in subdivisions (c) or (d), conducted to locate or obtain weapons, contraband, or evidence of crime is admissible only if obtained pursuant to a search warrant or search authorization under Mil. R. Evid. 315 and conducted in a reasonable fashion by a person with appropriate medical qualifications in such a manner so as not to endanger the health of the person to be searched.

Answer 52

Intrusions for Valid Medical Purposes. Evidence or contraband obtained in the course of a medical examination or an intrusion conducted for a valid medical purpose is admissible. Such an examination or intrusion may not, for the purpose of obtaining evidence or contraband, exceed what is necessary for the medical purpose.

Answer 53

Evidence from a border search for customs or immigration purposes authorized by a federal statute is admissible.

Answer 54

In addition to inspections under Mil. R. Evid. 313(b), evidence is admissible when a commander of a United States military installation, enclave, or aircraft on foreign soil, or in foreign or international airspace, or a United States vessel in foreign or international waters, has authorized appropriate personnel to search persons or the property of such persons upon entry to or exit from the installation, enclave, aircraft, or vessel to ensure the security, military fitness, or good order and discipline of the command. A search made for the primary purpose of obtaining evidence for use in a trial by court-martial or other disciplinary proceeding is not authorized

Answer 55

Searches of Government Property. Evidence resulting from a search of government property without probable cause is admissible under this rule unless the person to whom the property is issued or assigned has a reasonable expectation of privacy therein at the time of the search. Normally a person does not have a reasonable expectation of privacy in government property that is not issued for personal use. Wall or floor lockers in living quarters issued for the purpose of storing personal possessions normally are issued for personal use, but the determination as to whether a person has a reasonable expectation of privacy in government property issued for personal use depends on the facts and circumstances at the time of the search.

Answer 56

1. General Rule: Evidence of a search conducted without probable cause is admissible if conducted with lawful consent. 2. Who May Consent: A person may consent to a search of his or her person or property, or both, unless control over such property has been given to another. A person may grant consent to search property when the person exercises control over that property. 3. Scope of consent: Consent may be limited in any way by the person granting consent, including limitations in terms of time, place, or property, and may be withdrawn at any time.

Answer 57

To be valid, consent must be given voluntarily. Voluntariness is a question to be determined from all the circumstances. Although a person’s knowledge of the right to refuse to give consent is a factor to be considered in determining voluntariness, the prosecution is not required to demonstrate such knowledge as a prerequisite to establishing a voluntary consent. Mere submission to the color of authority of personnel performing law enforcement duties or acquiescence in an announced or indicated purpose to search is not a voluntary consent

Answer 58

The prosecution must prove consent by clear and convincing evidence. The fact that a person was in custody while granting consent is a factor to be considered in determining the voluntariness of consent, but it does not affect the standard of proof.

Answer 59

Lawfulness. A stop is lawful when conducted by a person authorized to apprehend under R.C.M. 302(b) or others performing law enforcement duties and when the person making the stop has information or observes unusual conduct that leads him or her reasonably to conclude in light of his or her experience that criminal activity may be afoot. The stop must be temporary and investigatory in nature. (2) Stop and Frisk. Evidence is admissible if seized from a person who was lawfully stopped and who was frisked for weapons because he or she was reasonably suspected to be armed and dangerous. Contraband or evidence that is located in the process of a lawful frisk may be seized. Discussion: Mil. R. Evid. 314(f)(2) requires that the official making the stop have a reasonable suspicion based on specific and articulable facts that the person being frisked is armed and dangerous. Officer safety is a factor, and the officer need not be absolutely certain that the individual detained is armed for the purposes of frisking or patting down that person’s outer clothing for weapons. The test is whether a reasonably prudent person in similar circumstances would be warranted in a belief that his or her safety was in danger. The purpose of a frisk is to search for weapons or other dangerous items, including but not limited to: firearms, knives, needles, or razor blades. A limited search of outer clothing for weapons serves to protect both the officer and the public; therefore, a frisk is reasonable under the Fourth Amendment. (3) Vehicles. Evidence is admissible if seized in the course of a search for weapons in the areas of the passenger compartment of a vehicle in which a weapon may be placed or hidden, so long as the person lawfully stopped is the driver or a passenger and the official who made the stop has a reasonable suspicion that the person stopped is dangerous and may gain immediate control of a weapon. Discussion: The scope of the search is similar to the “stop and frisk” defined in Mil. R. Evid. 314(f)(2). During the search for weapons, the official may seize any item that is immediately apparent as contraband or as evidence related to the offense serving as the basis for the stop. As a matter of safety, the official may, after conducting a lawful stop of a vehicle, order the driver and any passengers out of the car without any additional suspicion or justification.

Answer 60

(1) General Rule. Evidence is admissible if seized in a search of a person who has been lawfully apprehended or if seized as a result of a reasonable protective sweep. (2) Search for Weapons and Destructible Evidence. A lawful search incident to apprehension may include a search for weapons or destructible evidence in the area within the immediate control of a person who has been apprehended. “Immediate control” means that area in which the individual searching could reasonably believe that the person apprehended could reach with a sudden movement to obtain such property. Discussion: The scope of the search for weapons is limited to that which is necessary to protect the arresting official. The official may not search a vehicle for weapons if there is no possibility that the arrestee could reach into the searched area, for example, after the arrestee is handcuffed and removed from the vehicle. The scope of the search is broader for destructible evidence related to the offense for which the individual is being arrested. Unlike a search for weapons, the search for destructible offense-related evidence may take place after the arrestee is handcuffed and removed from a vehicle. If, however, the official cannot expect to find destructible offense-related evidence, this exception does not apply. (3) Protective Sweep for Other Persons. (A) Area of Potential Immediate Attack. Apprehending officials may, incident to apprehension, as a precautionary matter and without probable cause or reasonable suspicion, look in closets and other spaces immediately adjoining the place of apprehension from which an attack could be immediately launched. (B) Wider Protective Sweep. When an apprehension takes place at a location in which another person might be present who might endanger the apprehending officials or others in the area of the apprehension, a search incident to arrest may lawfully include a reasonable examination of those spaces where a person might be found. Such a reasonable examination is lawful under subdivision (g) if the apprehending official has a reasonable suspicion based on specific and articulable facts that the area to be examined harbors an individual posing a danger to those in the area of the apprehension.

Answer 61

Evidence obtained from a search within a jail, confinement facility, or similar facility is admissible even if conducted without probable cause provided that it was authorized by persons with authority over the institution.

Answer 62

Evidence obtained from emergency searches of persons or property conducted to save life, or for a related purpose, is admissible provided that the search was conducted in a good faith effort to render immediate medical aid, to obtain information that will assist in the rendering of such aid, or to prevent immediate or ongoing personal injury.

Answer 63

Evidence obtained from a search of an open field or woodland is admissible provided that the search was not unlawful within the meaning of Mil. R. Evid. 311.

Answer 64

Grounds for apprehension. A person subject to the UCMJ or trial thereunder may be apprehended for an offense triable by court-martial upon probable cause to apprehend. 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. Persons authorized to apprehend under paragraph (b)(2) of this rule may also apprehend persons subject to the UCMJ who take part in quarrels, frays, or disorders, wherever they occur.

Answer 65

means that there must be the kind of reliable information that a reasonable, prudent person would rely on which makes it more likely than not that something is true. A mere suspicion is not enough but proof which would support a conviction is not necessary. A person who determines probable cause may rely on the reports of others.

Answer 66

(a) General rule. Evidence obtained from reasonable searches conducted pursuant to a search warrant or search authorization, or under the exigent circumstances described in this rule, is admissible at trial when relevant and not otherwise inadmissible under these rules or the Constitution of the United States as applied to members of the Armed Forces.

Answer 67

A search authorization may be valid under this rule for a search of: (1) The physical person of anyone subject to military law or the law of war wherever found; (2) Military property of the United States or of non-appropriated fund activities of an Armed force of the United States wherever located; (3) Persons or property situated on or in a military installation, encampment, vessel, aircraft, vehicle, or any other location under military control, wherever located; or (4) Nonmilitary property within a foreign country.

Answer 68

A search authorization under this rule is valid only if issued by an impartial individual in one of the categories set forth in subdivisions (d)(1) and (d)(2). An otherwise impartial authorizing official does not lose impartiality merely because he or she is present at the scene of a search or is otherwise readily available to persons who may seek the issuance of a search authorization; nor does such an official lose impartial character merely because the official previously and impartially authorized investigative activities when such previous M.R.E. 314(g)(3) III-15 authorization is similar in intent or function to a pretrial authorization made by the United States district courts.

Answer 69

Search Authorization. Any commissioned officer, warrant officer, petty officer, noncommissioned officer, and, when in the execution of guard or police duties, any criminal investigator, member of the Air Force security forces, military police, or shore patrol, or person designated by proper authority to perform guard or police duties, or any agent of any such person, may conduct or authorize a search when a search authorization has been granted under this rule or a search would otherwise be proper under subdivision (g). (2) Search Warrants. Any civilian or military criminal investigator authorized to request search warrants pursuant to applicable law or regulation is authorized to serve and execute search warrants. The execution of a search warrant affects admissibility only insofar as exclusion of evidence is required by the Constitution of the United States or an applicable federal statute.

Answer 70

(1) Probable Cause Requirement. A search authorization issued under this rule must be based upon probable cause. (2) Probable Cause Determination. Probable cause to search exists when there is a reasonable belief that the person, property, or evidence sought is located in the place or on the person to be searched. A search authorization may be based upon hearsay evidence in whole or in part. A determination of probable cause under this rule will be based upon any or all of the following: (A) Written statements communicated to the authorizing official; (B) Oral statements communicated to the authorizing official in person, via telephone, or by other appropriate means of communication; or (C) Such information as may be known by the authorizing official that would not preclude the officer from acting in an impartial fashion. The Secretary of Defense or the Secretary concerned may prescribe additional requirements through regulation.

Answer 71

Evidence obtained from a probable cause search is admissible without a search warrant or search authorization when there is a reasonable belief that the delay necessary to obtain a search warrant or search authorization would result in the removal, destruction, or concealment of the property or evidence sought. Military operational necessity may create an exigency by prohibiting or preventing communication with a person empowered to grant a search authorization.

Answer 72

The person while in the course of otherwise lawful activity observes in a reasonable fashion property or evidence that the person has probable cause to seize.