Remember, you must maintain respectful andfriendly relations with the civil authorities and thecivilian community in general. Be alert to your duty bypreventing disharmony prejudicial to the armed forces.JurisdictionThe shore patrol has jurisdiction over all membersof the armed forces. You have the authority to takecorrective action against any member of the armedforces who breaks regulations or the law. Thecorrective actions include apprehension, if necessary;but apprehensions should not be made if correctivemeasures will suffice.When standing shore patrol duties, you normallyhave no jurisdiction over civilians. When dealing withcivilians in the continental United States, a member ofthe shore patrol may do only what any other citizenmay do—call on the civil police for assistance. If acivilian is in the act of committing a felony, you canand should place the individual under citizen’s arrest.Every citizen has the right and the moral duty to stopcrime and apprehend a criminal.Today many military personnel are allowed towear civilian clothes ashore. Wearing civilian clothingdoes not free Sailors from the jurisdiction of the shorepatrol. If persons in civilian attire are creating adisturbance, for instance, and you have reason tosuspect they are service members, request they showtheir identification (ID) cards. If they refuse, seek theassistance of the civil authorities.Foreign military personnel serving under acommand of the U.S. Armed Forces also may beapprehended by the shore patrol. They may beapprehended under the same circumstances that justifythe apprehension of U.S. Armed Forces personnel.Apprehension“Apprehension” means taking a person intocustody. The Uniform Code of Military Justice(UCMJ) states that any person authorized to apprehendmay do so upon reasonable belief that an offense wascommitted and the person apprehended committed theoffense (article 7, Apprehension). So far personalappearance, conduct, and jurisdiction have beenpresented. Now the apprehension phase of your dutieswill be covered.The policy of the Navy Department regardingliberty parties is that they be interfered with as little aspossible. To do your SP job properly does not meanyou should adopt a tough attitude and apprehend asmany people as possible. Personnel should not betaken into custody for minor infractions of regulationsif a warning will suffice. The warning should not be inthe form of a reprimand. It should be given so that onlythe offender hears what you have to say.When you request a person to show properidentification, do not be aggressive or overbearing inmanner. A wrong attitude may only provoke trouble foryou and your partner. Persons must be given everyopportunity, within reason, to identify themselves. Ifyou must send personnel to SP headquarters todetermine their identification, always advise them thatthey are not being taken into custody; and that whenthey have properly identified themselves, they will bereleased. If a person refuses to be cooperative orbecomes abusive, then that person must beapprehended and taken to headquarters. When thissituation occurs, it must be handled as quickly aspossible and very tactfully. Make sure you notify thepersonnel involved that they are being taken intocustody. According to article 31 of the UCMJ(Compulsory Self-Incrimination Prohibited), personstaken 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 beused as evidence against them in the event of trial bycourt-martial.When making an apprehension, use as little forceas possible. You have a partner that can help you. Thenightstick you are carrying is for self-defense and is tobe used only when the offender cannot be subduedotherwise. If the nightstick is needed, never strike aperson in the head as it can cause serious injury andeven death. Strike the shoulder, arm, or leg; or use thenightstick for jabbing—a jab in the lower solar plexus(pit of the stomach) is most effective. When personnelare taken into custody, a written report must besubmitted to the shore patrol officer stating all thecircumstances about the apprehension and thecircumstances that required the use of the nightstick.APPREHENDING OFFICERS.—Only whensituations offer no alternative should enlisted shorepatrol personnel apprehend an officer. Such action istaken only to prevent disgrace to the service, to preventthe officer from committing an offense, or to preventthe escape of one who has committed a serious offense.If time permits, an officer of the patrol should besummoned to take necessary action; or the assistanceof any available officer of the armed forces should berequested.8-23
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