DLIFLC & POM DLIFLC & POM Rules for Use of Force, Search and Seizure, and Jurisdiction CPT Greg Weiss Chief, Military Justice 242-6394

DLIFLC & POMDLIFLC & POM

Rules for Use of Force, Search and Seizure, and Jurisdiction

CPT Greg Weiss

Chief, Military Justice

242-6394


AGENDA

Jurisdiction

Rules for Use of Force (RUF)

Search and Seizure


JURISDICTION


Agenda

Posse Comitatus Act (PCA)

Exceptions

Arrest versus Apprehension

Situations


Posse Comitatus Act

Posse Comitatus Act - 18 USC 1385: Military Forces cannot “execute the laws of the state” without Congressional or Constitutional authorization.

Violations of the PCA


Posse Comitatus Act

1-149th power: Derived from the Installation Commander’s inherent

authority to protect the Installation

POMPD = Department of the Army PoliceSame derivation of powerNot Federal DOD Police

No off-post jurisdictional powers CPC 830.2

LiabilityRepresentation and IndemnificationBivens


Posse Comitatus Act

Prohibitions include:Off-Post confrontations with civilians in

official capacityTravelling off-post in official capacity to

enforce civilian lawsInvestigating off-post offenses by

civiliansAiding LEA in non-military owned area

Let the Civilian Police Authority Handle


Posse Comitatus Act

You cannot:

Escort money couriers off-post

Use privately owned weapons on-duty

Have a Police Identification Card


Posse Comitatus Act

Sovereign Immunity and the PCACriminal and Civil Liability

ExamplesIdaho v. HoriuchiJTF-6


PCA Exceptions

Military Purpose Doctrine

•Emergencies Involving Imminent Danger to Life and Property

•Citizen’s Arrest

•Hot Pursuit


PCA Exceptions

Military Purpose Doctrine: law enforcement actions primarily for a military purpose Incidental support to civilian authorities


PCA Exceptions

“Military Purpose”:To protect the safety, security and well-being of

the installation and its inhabitantsTo ensure that the good order and discipline of

the Installation is not compromised

DOD Directive 5525.5


PCA Exceptions

“Emergency” in the civilian community; and,

Military is needed immediately for aid and assistance.

Example - A bomb has blown up Del Monte Shopping Center, thousands of casualties, and Monterey Police need help in securing the area.

Example of Non-Emergency - Civil disturbance off-post where the civilian police asked for help containing a protest.


PCA Exceptions

Hot Pursuit - Felony committed on-post and military law enforcement pursues of civilian off-post.

Contemporaneous with crime.Turn over to local authorities upon apprehension.


PCA Exceptions

Citizen’s ArrestActing solely as a private citizen.Officer does not have to surrender “indicia of his authority.” Phoenix v. State.


Arrest vs. Apprehension

“Formal Arrest”

“Apprehend” MisdemeanorFelony

Temporary DetentionReasonable time


Arrest vs. Apprehension

Military members can be apprehended on-post.

Civilians can be apprehended on-post because commander has inherent authority to protect installation/military purpose.

Immediately turn over to the correct jurisdictional body or escort off the post.


PVT Snuffy is HurtPVT Snuffy is being assaulted by a gang off-post. One of Snuffy’s friends runs on-post and asks you to render assistance. What do you do?


Party at CSUMBA huge party is occurring at CSUMB

dorms. As you are driving to OMC to turn in a vehicle, a CSUMB Police Officer asks for your help to break up the party. What should you do?


Stop that ThiefA civilian commits an armed robbery at

the PX on the Presidio. POMPD is dispatched and begins to pursue the civilian’s vehicle. The civilian leaves post. What do you do?


Drunk DriverYou are working at the Franklin Street

gate at 0230 when a soldier tries to pull onto the POM. You detect a strong odor of alcohol on her breath. What should you do?


RULES FOR THE USE OF FORCE


RULES FOR THE USE OF FORCE (RUF)

Reference:

AR 190-14, Carrying of Firearms and Use of Force for Law Enforcement and Security Duties”


RUF v. ROE

RUF are escalating rules used for CONUS military personnel performing security duties when dealing with U.S. civilians.

Rules of Engagement (ROE) are directives delineating the circumstances and limitations military forces will initiate or continue combat engagement with other forces.


RUF: Definitions

Deadly Force: creates a substantial risk of death or serious bodily harm.

Serious Bodily Harm: not minor injuries, such as a bloody nose, but deep cuts, serious damage to the internal organs, and other life-threatening injuries.

Shooting at a person, even if you aim to wound, is deadly force.

Shooting at an occupied vehicle, even if you aim at the tires, is deadly force.


RUF: Definitions

HOSTILE ACT :

Hostile act includes throwing rocks, shooting, bombing.

A hostile act triggers the right to use force in self-defense.

The amount of force depends on the act.


RUF: Definitions HOSTILE INTENT:The threat of imminent use of force against US forces or property. When hostile intent is present, you have the right to use force to deter, neutralize, or destroy the threat.The amount of force depends on what is threatened.Examples?


RUF: Overview

POM PD has the lead in force protection. They have special training to recognize and handle threats.

Non-MP soldiers augment POM PD.


AR 190-14 RUF

NOTHING IN THESE RULES PROHIBITS YOU FROM EXERCISING YOUR INHERENT RIGHT OF SELF-DEFENSE. YOU ALWAYS HAVE THE RIGHT AND OBLIGATION TO DEFEND YOURSELF AND OTHERS IN YOUR UNIT.

Use minimum force necessary

Use deadly force only as a last resort


WHEN DECIDING HOW TO REACT TO A THREAT...

Always consider:

What is the present local threat?

Where are you?

What are you protecting?


ESCALATING FORCE

1.Assess each situation individually. What is the threat?

2.Start with the minimum amount of force required to respond to the threat.

3.If possible, escalate the amount of force you use in steps until the situation is handled.


Escalating Degrees of Force

When the situation permits:

1. SHOUT verbal warnings to halt.

2. SHOVE non-lethal physical force

3. SHOW intent to use weapon.

4. SHOOT with deliberately aimed shots until it is no longer a threat

Warning shots are prohibited


ESCALATING FORCE

Use Deadly Force Only:In conditions of extreme necessity;as a last resort;when all lesser means have failed or cannot

reasonably be employed, ANDthere is a threat to:

U.S. personnel; or,weapons dangerous to others.

Examples


DEADLY FORCE

Protect Self or Others against death or serious injury

Protect property designated as vital to national security

Protect assets inherently dangerous to others (weapons, ammunition)

Regardless of what property is threatened, use deadly force only if absolutely necessary to protect it.


WHEN YOU SHOOT…

Backstop: what is behind your target.

Fire with due regard for safety of innocent bystanders

Shoot at the threat with deliberately aimed shots until it is no longer a threat

NO warning shots


PERSON REFUSES VEHICLE SEARCH

You are on duty at an ACP performing vehicle checks when a car pulls up and stops. The civilian occupant hands you an ID card, but refuses to allow you to search his vehicle.


PERSON REFUSES VEHICLE SEARCH--

SOLUTIONDO NOT give the ID card back until the

situation is resolved.Direct the driver to pull his vehicle to the side,

and remain until POM PD arrives. Call POM PD. If the person is uncooperative or belligerent,

only use force if faced with a hostile act or intent.

If you must use force, use the minimum force necessary.


FENCE JUMPER

You are on duty when you spot a man in civilian clothes climbing over a fence into the installation.


FENCE JUMPER--SOLUTION

Order the man to stop or halt.

Call POM PD.

If the man does not have a weapon, use only non-deadly force.


CAR RUNS CHECKPOINT

You are on duty at the Bolio Gate ACP, performing vehicle checks, when a car pulls up and stops. A woman smiles at you and fumbles for her identification. Before you realize what’s happening, she races through the checkpoint onto the installation.


CAR RUNS CHECKPOINT--SOLUTION

Note description of driver and vehicle, license number, and direction of travel.

Call POM PD.


DELIVERY TRUCK RUNS CHECKPOINT

You are on duty at the Bolio ACP. A delivery truck approaches your checkpoint, hesitates, then speeds off the pavement in an attempt to go around the checkpoint by using the sidewalk (where your shift-mate is standing).


DELIVERY TRUCK RUNS CHECKPOINT--SOLUTION

Driving the truck toward the guard is a hostile act. Stop the truck by firing. Fire with due regard for the safety of bystanders.Call POM PD. Secure the perimeter but do not approach the vehicle. Keep area around vehicle clear. POM PD will apprehend occupants. If you cannot disable the truck, provide the license number and vehicle description to POM PD.


DELIVERY TRUCK RUNS CHECKPOINT II

You are on duty at the Bolio ACP. At 0330 hours a delivery truck approaches your checkpoint, and before you get out of the guard-shack, the truck speeds past the checkpoint onto the installation.


DELIVERY TRUCK RUNS CHECKPOINT II--Solution

Note description of driver and vehicle, license number, and direction of travel.

Call POM PD.


MAN WITH GUN-I

You are on duty at the Franklin ACP performing vehicle checks when a vehicle approaches.

The man inside the vehicle pulls a weapon from beneath the seat and points it at you.


MAN WITH GUN-I SOLUTION

Pointing a weapon at you is hostile intent.

Shoot the driver until he is no longer a threat.

Call an ambulance and the MPs.


MAN WITH GUN-II

You are on duty at the Franklin ACP performing vehicle checks when a vehicle approaches. You ask the driver of a vehicle “Do you have any weapons in the vehicle?”

The man inside the responds, “Yes.”


MAN WITH GUN-IISOLUTION

DO NOT give the ID card back until the situation is resolved.

Ask the driver where the weapon is located. If the weapon is not within the driver’s immediate control, direct the driver to pull his vehicle to the side, and remain until POM PD arrives.

Call POM PD. If the person is uncooperative or belligerent,

use only the amount of force necessary to control the threat.


Questions?

CPT Greg Weiss

Chief, Military Justice

242-6394

Documents

DLIFLC & POM DLIFLC & POM Rules for Use of Force, Search and Seizure, and Jurisdiction CPT Greg Weiss Chief, Military Justice 242-6394