5-27 Apprehension “Apprehension” means taking a person into custody. The Uniform Code of Military Justice (UCMJ) states that any person authorized to apprehend may do so upon reasonable belief that an offense was committed and the person apprehended committed the offense (article 7, Apprehension). So far personal appearance, conduct, and   jurisdiction   have   been   presented.   Now   the apprehension phase of your duties will be covered. The policy of the Navy Department regarding liberty parties is that they be interfered with as little as possible. To do your SP job properly does not mean you should adopt a tough attitude and apprehend as many people as possible. Personnel should not be taken into custody for minor infractions of regulations if a warning will suffice. The warning should not be in the form of a reprimand. It should be given so that only the offender hears what you have to say. When  you  request  a  person  to  show  proper identification, do not be aggressive or overbearing in manner. A wrong attitude may only provoke trouble for you and your partner. Persons must be given every opportunity, within reason, to identify themselves. If you must send personnel to SP headquarters to determine their identification, always advise them that they are not being taken into custody; and that when they have properly identified themselves, they will be released. If a person refuses to be cooperative or becomes abusive, then that person must be apprehended and taken to headquarters. When this situation occurs, it must be handled as quickly as possible and very tactfully. Make sure you notify the personnel involved that they are being taken into custody. According to article 31 of the UCMJ  (Compulsory  Self-Incrimination  Prohibited), persons taken into custody are to be advised of the charge(s) against them and of their right to remain silent. Also, advise them that any statement made by them may be used as evidence against them in the event of trial by court-martial. When making an apprehension, use as little force as possible. You have a partner that can help you. The nightstick you are carrying is for self-defense and is to be used only when the offender cannot be subdued otherwise. If the nightstick is needed, never strike a person in the head as it can cause serious injury and even death. Strike the shoulder, arm, or leg; or use the nightstick for jabbing—a jab in the lower solar plexus (pit of the stomach) is most effective. When personnel are  taken  into  custody,  a  written  report  must  be submitted to the shore patrol officer stating all the circumstances   about   the   apprehension   and   the circumstances that required the use of the nightstick. APPREHENDING   OFFICERS.—Only   when situations offer no alternative should enlisted shore patrol personnel apprehend an officer. Such action is taken only to prevent disgrace to the service, to prevent the officer from committing an offense, or to prevent the escape of one who has committed a serious offense. If time  permits,  an  officer  of  the  patrol  should  be summoned to take necessary action; or the assistance of any available officer of the armed forces should be requested. When an officer persists in violating regulations or rules of conduct after being duly and politely warned, the officer should be addressed as follows: “Sir (or ma'am), it is necessary that I obtain your name, organization, and station, and check your identification.” After obtaining the data, salute and thank the officer. If the officer refuses to give such information or continues to create a disturbance, then proceed as previously discussed. APPREHENDING MEMBERS OF THE OPPOSITE SEX.—The shore patrol must observe the following rules when taking armed forces personnel of the opposite sex into custody: Physical contact should be avoided. If force is absolutely necessary for restraining the person or taking the service member to patrol headquarters, the utmost care must be used. In connection with any offense the interrogation and/or search of a service member will be conducted, whenever possible, by or in the presence of a service member of the same sex. Members of the opposite sex will  remain  outside  the  search  area  but  in  close proximity. The only exceptions to this rule may be in demanding circumstances where an imminent danger to life or property exists and/or the facts and circumstances of    the    investigation    necessitate    an    immediate interrogation when no service member of the same sex is available.