Jurisdiction I
Jurisdiction
Active Duty and Reserve personnel fall under this federal military jurisdiction (national defense orders)
Title 10 of US Code
This article of the UCMJ states WHERE military jurisdiction is applied.
Article 5 of the UCMJ
(applies to all places with no restriction to offenses committed on or off base)
This law states Security Forces who operate outside of guidance may be subject to civil lawsuit
Federal Tort Law
This AF From is used for consent for Search and Seizure
AF Form 1364
These 2 sections of law give SF authority to apprehend military members.
MCM Rule 302(b) and UCMJ, Article 7(b)
Guard members fall under this federal military jurisdiction (state level or natural disasters orders)
Title 32 of US Code
These articles of the UCMJ are the primary sources for charging military members, if violated may result in courts martial
UCMJ Punitive Articles
This can only be conducted in places objects could be reasonably found and only military judges and commanders have authority to grant searches
Searches
This describes the authority for Security Forces to search area within persons immediate control for weapons or destructible evidence (person could reach in a sudden movement)
Search incident to apprehension
These are the 3 general types of jurisdiction
Subject matter: jurisdiction over the offense, personal: jurisdiction over the offender, legislative: physical location of crime
This act prevents Af and Army personnel from executing laws of states or united states except when under authority of US Constitution, Act of Congress, or POTUS (martial law). Only governs personnel within the continental US.
Posse Comitatus act
This type of law handles ordinary private matters.
Civil Law
This authorization will be completed via Air Force Form 1176
Authorization to search and seize
Describes authority to stop a person temporarily when unusual conduct leads to conclude a criminals activity has been committed by the subject
stop and frisk
This Article makes the UCMJ world wide
Article 5, (extra-territorial)
These are the 3 Sources of Military Jurisdiction
US Constitution (article 1, section 8 and A2S2), Federal Statutes (title 10 USC), International Law
This act allows for the adoption of state law in absence of applicable fed law on base, example: traffic laws
Fed Assimilative crimes act USC13
This is the reasonable belief that evidence sought is located in the place or on the person to be searched, may be based on hearsay, evidence in whole or in part
Probable Cause
Describes when a delay necessary to obtain search warrant would result in removal of evidence or preserving safety of self or others
Exigent circumstances
These are the 4 Military jurisdictions
Exclusive: total or complete jurisdiction (lackland), Concurrent: both fed and state gov retain all authority , proprietary: mil has same rights as property owner, partial: both fed and state gov have partial authority, neither has exclusive (mil housing off-base)
This article of the UCMJ states WHO is subject to military jurisdiction.
Article 2 of the UCMJ
This act identifies what could be called upon as evidence in a court proceeding, example: police notes, phones, etc
Jencks Act
Statement of Probable Cause supporting request for Search and seize, must be read word for word to SJA, military magistrate, or commander
Search affidavit
Defined by rule 302 as taking military member into custody
Apprehension