Remember, you must maintain respectful and
friendly relations with the civil authorities and the
civilian community in general. Be alert to your duty by
preventing disharmony prejudicial to the armed forces.
Jurisdiction
The shore patrol has jurisdiction over all members
of the armed forces. You have the authority to take
corrective action against any member of the armed
forces who breaks regulations or the law. The
corrective actions include apprehension, if necessary;
but apprehensions should not be made if corrective
measures will suffice.
When standing shore patrol duties, you normally
have no jurisdiction over civilians. When dealing with
civilians in the continental United States, a member of
the shore patrol may do only what any other citizen
may docall on the civil police for assistance. If a
civilian is in the act of committing a felony, you can
and should place the individual under citizens arrest.
Every citizen has the right and the moral duty to stop
crime and apprehend a criminal.
Today many military personnel are allowed to
wear civilian clothes ashore. Wearing civilian clothing
does not free Sailors from the jurisdiction of the shore
patrol. If persons in civilian attire are creating a
disturbance, for instance, and you have reason to
suspect they are service members, request they show
their identification (ID) cards. If they refuse, seek the
assistance of the civil authorities.
Foreign military personnel serving under a
command of the U.S. Armed Forces also may be
apprehended by the shore patrol. They may be
apprehended under the same circumstances that justify
the apprehension of U.S. Armed Forces personnel.
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 jabbinga 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.
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