Patrol Flashcards
Deadly Force
Force that is likely to cause or that a person knows or should know would create a substantial risk of causing death or serious bodily harm or injury.
Use of force
Using the minimum amount of force necessary to gain compliance, affect an arrest, or neuturalize a threat
State the justifications of deadly force
- Self defense or defense of other dod personnel.
- Defense of others
- Protecting assets vital to national security
- Protecting inherently dangerous property
- Protecting national critical infrastructure
- Performing an arrest or apprehension, or preventing an escape
- Defending against animals
What is probable cause
The facts and circumstances that would lead a reasonable and prudent person to believe that a crime has, is, or will be committed and that evidence of that crime exists in a specific location
Reasonable suspicion
The knowledge sufficient enough to induce an ordinary, prudent ,and cautious person under similar circumstances to believe that criminal activity is at hand or afoot.
Use of force continuum
Professional presence Verbal commands Control techniques Aggressive response techniques Intermediate weapons Deadly force
Serious bodily harm
Bodily harm or injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of function of a bodily member, organ, or mental faculty
Due regard
How a reasonably careful person, performing duties under similar circumstances would act in the same manner
4th amendment
Right of the people to be protected from unreasonable search and seizure.. no warrants shall issued unless upon PC, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be searched
5th amendment
Due process, self incrimination, double jeopardy
6th amendment
Right to public trial without unnecessary delay, right to lawyer, impartial jury, right to know accusers and nature of charges and evidence against you
Article 2
Persons subject to UCMJ
Article 7
Apprehension is defined as the taking of a person into custody
Article 9
Arrest is the restraint of a person by an order, not imposed as punishment for an offense
Explain article 77-134 of the UCMJ
77-134 punitive articles that military can be charged under.
Search definition
A quest for evidence conducted by a government agency official in an area protected by the 4th amendment (where a person has a reasonable expectation of privacy)
Seizure definition
A confiscation of any relevant evidence/contraband found in connection to a crime
What is the Assimilative Crimes Act?
This act gives authorization for military law enforcement to use state laws where federal law does not apply. Also called Title 18USC13.
What is a MEVA?
Mission Essential Vital Asset
Define the three types of jurisdictions and give an example.
-Concurrent: On base housing
-Exclusive: piers and ships
-Proprietary: Off base housing
Where is base court held? What time does it start?
Base court is held at BLDG 3537, it starts at 0900.
What is a 1408? 1805? What is the difference/ What is included on the back of a 1805?
DD Form1408: Armed Forces traffic Ticket; affects 12-point system for installation driving privileges
DD Form 1805: Federal Court summons; gives possible jail time or fines, has a probable cause statement on the back
What is a juvenile
An individual who is under an age fixed by law (as 18 years) at which he or she would be charged as an adult for a criminal act.
Must have parent, guardian, disinterested party, cdo or chaplain present
Identify instances when a juvenile may be taken into immediate custody
When they pose an immediate threat to themselves or others. In loco parentis. If a child is lost.
What are the mandatory steps to be taken when a juvenile is suspected of a crime
Detain, contact parents or another disinterested party before questioning may occur.
Miranda rights advisement
Before you ask a suspect incriminating questions while suspect is in your custody.
Article 31b rights advisement
When a military member is in custody prior to asking incriminating questions
Explain the protections provided to suspects and arrestees in the 5th amendment of the Us Constitution as it relates to
Cleansing warning
If a military or civilian was previously asked incriminating questions while in your custody and did not receive a 31B or Miranda warning.
- Advise mil or civ that prior statement cannot be used against them
- The individual may choose to remain silent and request a lawyer
- Fully advise the individual of their rights and record any waiver of those rights in writing.
Explain the protections provided to suspects and arrestees in the 5th amendment of the Us Constitution as it relates to
Family members
Family members may give incriminating testimony. Spousal testimony privilege Barrs testimony against a spouse in a criminal trial.
Describe who may apprehend and when each individual has authority
MAs and DoD police armed up and acting in an official capacity when they have PC