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FM 19-10: Military Police Law and Order Operations

FM 19-10: Military Police Law and Order Operations

2 FM 19-10 FM 19-10 3 4 FM 19-10 *FM 19-10

Field Manual HEADQUARTERS No. 19-10 DEPARTMENT OF THE Washington, DC, 30 September 1987

MILITARY AND ORDER OPERATIONS

Preface

One of the most important missions the Army has is to maintain its readiness. Unit readiness rests on the morale, discipline, and training of its . It rests equally on having quality soldiers and their families feel good about life in the Army community. Our soldiers and their families must have a safe and secure environment in which to live, work, and train. The police (MP) accept that challenge daily. MP protect the Army’s assets through active physical security measures. And MP undertake a vigorous economic program. They guard the Army’s people and installations against terrorist threats. Their initiatives in crime prevention and family advocacy and their “work friendly” attitude show they care about soldiers and their families. MP unstintingly fulfill their law and order mission, knowing it to be vital to the Army’s success in combat. This field manual (FM) discusses each element of the MP law and order mission. It addresses operations, investigations, confinement of US military prisoners, and terrorism counteraction. This FM will assist MP in understanding how each of these elements is an essential part of their law and order mission. Commanders will find it useful in understanding how MP help support the fulfillment of command responsibilities. Because many aspects of the MP law and order mission are undertaken largely to provide a safe environment for the total Army community, much of the discussion in this FM is devoted to MP law and order responsibilities in a peacetime environment. The proponent of this publication is Headquarters, US Army Training and Doctrine Command (TRADOC). Submit changes for improving this publication on Department of the Army (DA) Form 2028 (Recommended Changes to Publications and Blank Forms) and forward it to Commandant, US Army School, ATTN: ATZN-MP-DML, Fort McClellan, Alabama 36205-5030. Unless otherwise stated, whenever the masculine gender is used both men and women are included.

*This publication supersedes FM 19-10, 30 September 1976.

1 PART ONE THE MP LAW AND ORDER MISSION

The MP provides the Army a wide In a peacetime environment MP conduct range of diverse support. On the battlefield extensive law and order operations. These MP provide commanders combat, combat operations support commanders’ order and support, and combat service support. Both discipline in the field and on installations “an Arm and a Service,” the MP Corps plays around the world. The performance of these an important role in battle. But MP also play operations impacts even beyond the maintenance of law and order. Many an important role in supporting commanders peacetime law and order operations and beyond the successful resolution of battle. subelements embody basic methods, Through their law and order mission MP measures, and techniques MP use to carry out continue their active support of Army their BCC and area security missions. For commanders by ensuring the existence of the example, operating a traffic control post lawful and orderly environment units need to (TCP) is a measure basic to the MP missions maintain combat readiness. MP performing of BCC and area security. Operating TCPs is law and order operations extend the also basic to the MP law and order mission. commander’s command and control. They MP conducting law and order operations in a aid commanders in obtaining and peacetime environment are consistently maintaining combat proficiency. They exercising battlefield skills. prevent diversion of military resources. They suppress the chance for criminal behavior; In peacetime as well as in combat MP they protect and assist the military provide commanders with a well-armed, community. And they help commanders communications-intensive, and highly ensure US forces are disciplined troops of mobile asset. While combat ready, the MPs’ high morale. professional orientation ensures their ability to operate with restraint and authority, In a theater of operations MP conduct law within , and with a minimum and order operations only when the combat use of force. This makes MP ideally suited as commander requires it and when battle a response force in civil confrontations or intensity permits. During intense continuous disorders, in terrorist counteractions, and in combat, like that expected near a main battle low-intensity conflicts in a noncombat area. area or in a developing theater of operations, Away from conflict, wherever US forces are MP are most needed to expedite and conserve located, the MP Corps is the protector and vital resources for combat forces. In intense assistor of the military community. MP combat the commander’s priority of need is efforts are directed to ensuring a lawful and most often for MP combat and combat orderly environment. MP help ensure support operations. MP are employed more commanders have troops, equipment, and often for battlefield circulation control (BCC), supplies when and where they need them to area security, and enemy maintain readiness. By their efforts to (EPW) operations and less often for law and preserve the law, MP help the commander order operations. But a commander’s need for ensure a high standard of order and law and order operations depends on the discipline within the commander’s units. By tactical situation. And it depends on the level their efforts to assist and protect the military of command involved and the location of the community, MP help ensure a high level of command on the battlefield. well-being among the commander’s troops.

FM 19-10 5 THE MP LAW AND ORDER MISSION

MP provide commanders with the support MP confine US military prisoners. MP take they need wherever and whenever it is counteractions against terrorism. And needed. In and war MP help always, MP are prepared to quickly expand commanders ensure a lawful and orderly their law and order operations into their military environment. MP enforce . MP full-scale battlefield range of combat, combat investigate disorders and suspected . support, and combat service support operations.

Military police help the commander get his people, supplies, and equipment where he needs them when he needs them. MP help relieve the commander’s burden of providing security and protection for critical persons, facilities, and equipment. MP are the initial response force to criminal and enemy attempts to demoralize, terrorize, or sabotage the military community or its operation. MP relieve commanders of the responsibility for detaining and safeguarding prisoners and MP reduce opportunities for crime. Only the magnitude and purpose inherent in each operation changes from peace to war.

6 FM 19-10 CHAPTER 1 The Provost ’s Law and Order Purview

The (PM) for each command is that command’s advisor on MP CONTENTS combat, combat support, and combat service Page support operations. IMPLEMENTING MP OPERATIONS...... 9 In a theater of operations and in tactical ORGANIZING THE PM OFFICE ...... 9 units the senior MP at each echelon is the commander’s advisor for MP operations. Military Police Company ...... 9 He is a member of the command’s special Operations Section ...... 10 staff. For example, the theater army PM is Administrative Section ...... l2 the theater’s senior MP. He is responsible for Physical Secruity/Crime staff supervision of MP matters at theater Prevention Section ...... 12 army level. In theater army area commands Absentee/Deserter (TAACOMs) and corps, the MP brigade Apprehension Section ...... 13 commanders are their commands’ PM. As Juvenile Section ...... 14 PMs they serve on their commanders’ special Installation Confinement Facility ...... 15 staff as planners for MP operations. At Military Police Investigation division level the senior MP officer is the Section ...... 15 division PM. Patrol Section ...... 16 On military installations outside a theater Game Warden ...... 16 of operations the installation PM is the Traffic Section ...... 16 installation commander’s advisor for MP law Military Working Dog Section ...... 16 and order operations. As the chief law Special Reaction Team ...... 16 enforcement officer on the installation the PM provides the installation commander with professional and technical advice concerning law and order objectives, policies, Provides staff supervision for the and directives. installation confinement facility. The installation PM— If an Office of Command Provost Marshal is established, the command PM would, in Advises the commander and staff about addition to the above, be responsible for MP abilities. command and control of operations to Prepares plans and policies. include administration, logistics, training, and administering of for all Directs and reviews MP operations. assigned and attached MP units in the Maintains liaison with command. Army Criminal Investigation Command On installations the commander (USACIDC) support elements. determines the degree of law and order Assists and supervises interaction of needed to support order and discipline. The supporting and supported units. PM advises the commander on the means Coordinates with civilian law enforcement and methods needed to achieve the agencies, allied forces, and host nation commander’s needs. The PM implements the (HN) military and civil police. commander’s law and order policies and

FM 19-10 7 THE MP LAW AND ORDER MISSION

plans. The PM ensures MP plans and civilian police. Civilian police are normally operations supporting the commander’s plan led and directed by persons with many years are carried out. The PM recommends when of experience in dealing with people and law and where to concentrate the command’s MP enforcement. In coordination with the local assets. The PM supervises MP support on the civilian police executive, the PM establishes installation or within the command’s area of policies to guide MP when dealing with operation. The PM coordinates matters of MP civilian police. For example, sometimes direct concern on a daily basis. telephone lines for liaison are established The PM keeps the commander advised on between an MP station and a civil police MP operations. The PM ensures that MP station. Arrangements may be made for the provide protection and assistance to the use of the civil police radios and their military community. The PM ensures MP telephone call box facilities. But use enforce laws with objectivity. And the PM ordinarily is limited to emergencies or special sets the example in community relations that situations, and care is taken not to overload reflect and enhance the MP image. the civil police networks. (Requests for this type of service are coordinated with the local The PM establishes command and control communications-electronics officer or civil procedures to effectively manage MP affairs officer.) MP must be familiar with the resources and provide law enforcement when civilian police department’s manual of and where needed. The PM’s management procedures. and contingency planning are the key When MP are assigned to work directly elements to ensuring effective law and order with foreign , their actions are operations. governed by the prevailing status of forces Planning MP support is a continuous agreements. The PM ensures that MP process at every echelon. In the absence of maintain a professional attitude and that specific directions or orders, the PM plans the they are not critical of how other nations do use of MP assets. The PM evaluates current things. operations and projects future courses of action. The PM bases his plans on Large installations may have a deputy assumptions consistent with sound judgment provost marshal (DPM). The DPM may aid and a thorough knowledge of the situation the PM by supervising general MP activities and mission. and services. The DPM may manage physical security, crime prevention, and The PM ensures MP planning is practical investigations for the PM office. Often a DPM and flexible. The PM ensures that plans are makes work assignments and reviews work coordinated with staff sections and for compliance with policies, standards, and subordinate commands. And the PM ensures . The DPM may review and plans reflect manpower and resources needed improve work methods, organizational by MP. (This includes needs for command structure, and position assignment to achieve and control, fire support, equipment, and supplies. It also includes construction, optimum efficiency. The DPM may manage communication, transportation, and the civilians assigned to the PM office. The aviation support.) As new information is DPM can assist subordinate supervisors in received, the PM reviews, updates, and meeting civilian personnel requirements. modifies plans. The PM ensures that the The DPM can ensure issues like merit promo- commanders get the MP support they need. tion, performance appraisals, equal employ- ment opportunity, career development, and The PM ensures that MP show mutual labor-management relations are addressed. respect and maintain a professional, working The DPM often writes job descriptions, relationship when working with local counsels civilians, and communicates with

8 FM 19-10 THE MP LAW AND ORDER MISSION

the civilian personnel office to obtain further enforcement operations, commercial guidance on managing civilian personnel. activities programs, and reserve component The DPM may also manage civil law support for the PM office.

IMPLEMENTING MP OPERATIONS The primary focus of MP law and order must know where hospitals, fire operations on a military installation is the departments, and neighboring police MP station. MP station personnel implement agencies are located. MP are careful not to the PM’s plans and operations. provide restricted police information or classified military information to MP stations are the center of activity for all unauthorized persons. But when information MP functions, especially law enforcement. A or assistance by the public is requested, MP station should be located as near as possible determine exactly what is wanted. Then they to a point that provides effective direction give a clear and concise answer. If MP do not and centralized control of all MP operational have an answer, every effort is made to elements. Wherever possible, existing obtain the answer. Or the person is referred to facilities are used for the MP station. But consideration is given to the mission, an appropriate agency to obtain assistance. available transportation route, communica- The PM provides information to information tions facilities, and proximity to troops or centers. This information is similar to that facilities. Commanders may establish MP available from the MP station. Information stations in any area where the incident rate centers may be located in transportation or offense experience indicates a need for a centers, centers of troop concentrations, main permanent MP presence. traffic routes, or gates of military installations. The MP station operates 24 hours a day, 7 days a week to provide law enforcement The MP station may also operate any assistance and information whenever number of substations depending on needed. The general public invariably turns distance, volume of activity, or mission to the MP for assistance and information. requirements. MP functions center around When dealing with the public, MP must be patrol operations, traffic control, able to provide the correct information absentee/deserter return to military control, needed. And they must be courteous when apprehension/detention of offenders, and providing assistance and information. MP control and accountability of evidence. (See posts and patrols often have available maps Appendix A for more information on MP of the post or city to provide the public. MP stations.)

ORGANIZING THE PM OFFICE In a theater of operations PM functions continental US (OCONUS) as well as in the are under a table of organization and continental US. equipment (TOE) (IAW AR 310-31). On installations PM functions are organized MILITARY POLICE COMPANY under a table of distribution and allowances The MP company provides command (TDA) (IAW AR 5-3). A TDA may contain management, administrative support, and civilian and military positions, whereas a logistics for assigned military personnel. The TOE contains only military positions. And a MP company provides discipline, house - TDA organization can be tailored to suit the keeping, welfare activities, and food services. It needs of a particular MP organization. A also provides training (see Appendix B for TDA organization can be used outside the information on MP qualification).

FM 19-10 9 THE MP LAW AND ORDER MISSION

OPERATIONS SECTION observation of confinement facilities when All MP stations have an operations occupied.. He receipts. for and secures .personal section. This section is the primary control effects of offenders and prepares required point for all MP operations. The pivotal duty reports. He maintains DA Form 3997 position of desk sergeant is part of the (Military Police Desk Blotter) and DA Form operations section. The desk sergeant is the 1594 (Daily Staff Journal or Duty Officer’s key individual in this hub of operations. He Log). And he prepares DD Form 460 receives and records complaints. He provides (Provisional Pass). He obtains medical aid quick response to calls for assistance where for an offender, complainant, or witness who crimes have been committed. He ensures is physically ill or who seems to be in shock, traffic is controlled and that traffic accidents in a coma, or heavily intoxicated. The desk are investigated. He informs the PM of sergeant maintains communications with serious incidents that deal with personnel, patrols, directs actions of patrols, and installation security, threats to military reviews patrol reports. And he furnishes operations, and so forth. He processes, information, as authorized, to military detains, feeds, and prepares disposition of personnel and the public. He keeps the duty offenders. And he maintains continual officer informed of pertinent matters and

10 FM 19-10 THE MP LAW AND ORDER MISSION

dispatches reserves in the absence of the duty military and civilian communities served. officer. The desk sergeant maintains a lost The operations section provides support to all and found property service, or coordinates installation contingency plans. It plans for this service with the adjutant section, as the use of resources and provides operational directed by local regulations. Also in the control of the special reaction team (SRT). operations section is the radio operator who The operations section maintains control of operates the communications net control all MP investigations, criminal intelligence station. Some station operations sections data collection, and physical security have subelements for administration, operations. The operations section ensures communications, and records and reports. all traffic operations are coordinated, planned, and directed in coordination with The operations section ensures all law the traffic section. Entry and exit of the enforcement and investigative activities are installation is controlled by the operations implemented, coordinated, and controlled as section. The operations section dispatches directed by the PM. This section ensures that patrols, maintains communications with police liaison and public relations activities patrols, establishes traffic control points, and are established and maintained with the mans these points, as required.

FM 19-10 11 THE MP LAW AND ORDER MISSION

The operations section establishes patrol conducts research to include multiyear areas, policies, and responsibilities for MP planning and budget and manpower personnel while on duty. Personnel projections; it is responsible for requirements and employment of the implementing the automated Offense supporting MP company are determined in Reporting System (ORS) and the Vehicle coordination with the supporting unit. The Registration System (VRS). (See DA Pam 5-3 daily required distribution of personnel is for information on work method techniques.) determined the operations section. The number of personnel by grade, job The administrative section prepares assignment, and required skill is given to the serious incident reports (SIRS) for the PM. MP unit commander as soon as the Serious incidents are communicated through requirement is known. the chain of command to ensure commanders are knowledgeable of such events. SIRS will The operations section determines MP be processed in accordance with Army training requirements and recommends them (AR) 190-40 and AR 27-50. to the MP unit commander. The operations section serves as an evaluation center for MP The PM ensures that the commander is personnel to determine additional training notified when such incidents occur. and equipment requirements. These Procedures for notifying the chain of requirements are furnished to the supporting command of incidents and their seriousness MP company. Job site training is coordinated are usually set by the installation between the PM and unit commander to commander. Often this is done during his facilitate continuous development of inbriefing with the PM. The PM ensures the technical skills of assigned personnel. intent of the commander’s directives are Inexperienced personnel are paired with reflected in the standing operating procedure experienced personnel. Duty assignments (SOP). The SOP outlines the notification must be appropriate to grades. If personnel procedures to be used by the desk sergeant are not qualified for assignments in and MP duty officer (MPDO). The PM accordance with their grades, training must ensures that information is factual and be initiated to correct the deficiencies before passed on in its entirety. The SOP provides individuals perform such duties. the immediacy in which the installation commander will be notified. Generally, the In some stations other sections, like MP commander is given the facts of the case investigation, absentee/deserter apprehen- verbally as soon as possible. The commander sion, protective services (when authorized), is given a copy of the military police report juvenile, military working dog (MWD), and (MPR) which contains all information wildlife conservation enforcement, may be organized to operate independently of the relevant to the SIR. operations section, but they maintain close PHYSICAL SECURITY/CRIME coordination. PREVENTION SECTION ADMINISTRATIVE SECTION The physical security/crime prevention section oversees the installation’s physical The administrative section performs all security and crime prevention programs. The administrative functions for the PM office. section coordinates policies and procedures This section maintains administrative for these programs. It ensures that the liaison with other staff sections and the programs are administered and maintained. National Crime Information Center (NCIC). The personnel in this section help unit It maintains files and safeguards classified commanders and staff sections formulate documents. It controls correspondence, and administer security plans and records, and forms. This section plans and procedures and crime prevention programs.

12 FM 19-10 THE MP LAW AND ORDER MISSION

MP in the crime prevention section support safeguard personnel, materiel, and the commander in his responsibility for equipment. These include lock and key ensuring the welfare of members of the control; protective barriers, lighting, and command. They oversee the development of sensors; MP patrols, vehicle checks, and the Army crime prevention program. The searches; community relations programs; objective of this program is to reduce criminal and neighborhood crime watch. activity and improve the readiness posture of Physical security surveys and inspections, all commands. By suppressing the crime prevention surveys, and personal opportunity for criminal behavior, MP help security assessments for high-risk personnel the commander maintain a fighting force in a identify existing or potential conditions state of high morale and discipline. conducive to criminal or terrorist activity. Physical security personnel establish and Specific guidance for conducting physical maintain a current priority listing approved security surveys is contained in AR 190-13. by the commander of critical activities and Specific questions used by the person facilities within the command. They provide conducting an inspection are developed from input to the PM and the command staff on regulatory procedures governing the budgeting, inspection results, and the operation of the activity or facility being installation physical security plan. examined, pertinent internal security Specific responsibilities of the physical requirements, and experience. See FM 19-20, security section include— FM 19-30, and AR 190-13. Developing and updating installation ABSENTEE/DESERTER physical security plan. APPREHENSION SECTION Reviewing physical security SOP. An absentee/deserter apprehension Reviewing work orders to ensure section is established if justified by AR 5-9 compliance with physical security and the absentee/deserter program (see requirements. Chapter 6). Justification depends on caseload Performing technical assistance visits. and geographic and demographic data. The PM resources the section based on historical Conducting physical security classes. caseloads and area of responsibility as Establishing and monitoring intrusion designated in AR 5-9. The section may be alarm procedures. organized with an officer in charge (OIC)/ Providing members for installation noncommissioned officer in charge (NCOIC) command inspection team. and one or more two-man apprehension teams chosen in accordance with AR 190-9. If Installation physical security programs the caseload is small, this function may be are tailored to the local threat. Security performed as an additional duty by MP patrol requirements are determined by the personnel or the MP investigation section. installation PM; USACIDC field offices; units, agencies, and The absentee/deserter apprehension activities; local civilian law enforcement section conducts investigations of absent agencies; annual DA physical security threat without leave (AWOL)/deserter personnel. statement; and operations security (OPSEC) The section compiles and distributes all evaluations and surveys. The installation documents pertinent to AWOL/deserter physical security program is described in a personnel. The status of individuals is comprehensive physical security plan. This verified through plan addresses specific detection, Deserter Information Point (USADIP), and assessment, response, delay, and all regulatory reporting requirements communications measures taken to involving AWOL/deserter personnel are

FM 19-10 13 THE MP LAW AND ORDER MISSION

included when reports are processed. The Techniques to be employed by absentee/ deserter apprehension section aids absentee/deserter apprehension teams in apprehensions by distribution of making apprehensions must be clearly AWOL/deserter material in person or by outlined in an SOP. The SOP must state what telephone. Coordination is maintained with is to be done, how it is to be done, and why it is civil law enforcement agencies to aid in necessary. Team personnel must be familiar AWOL or deserter personnel apprehension. with these procedures. Further guidance can The absentee/deserter apprehension section be obtained from AR 630-10 and AR 190-9. processes DD Form 629 (Receipt of Prisoner The absentee/deserter apprehension or Detained Person) in accordance with AR section handles the administration of the 190-45, processes transportation requests, program. The section handles the initial and takes other administrative actions to reporting requirements concerning transport AWOL or deserter personnel. absentees/deserters. The section processes The team must first coordinate with the absentees/deserters being returned to Staff Judge Advocate (SJA) and then with military control. civilian police before entering the civilian And the absentee/deserter apprehension community to apprehend an absentee/deserter. section maintains the administrative The absentee/deserter apprehension team working files. This includes individual case briefs the local civilian police on the team’s files in “active,” “inactive,” and “closed” specific mission. They brief the civilian police categories, as well as a suspense file. Each on the results of the team’s mission before case file includes documents received, leads leaving the . If local civilian developed, actions taken, and persons or police apprehend an absentee or deserter, the agencies with whom coordination was made. team provides documents for obtaining the Memorandums for record are used for most reward or reimbursement offered by the actions, or information not shown on MP Army per AR 190-9. reports, statements, work sheets, or other documents. The absentee\deserter apprehension team can request that civilian police accompany JUVENILE SECTION the team. If local civilian police cannot PMs with significant juvenile problems accompany the team, the absentee/deserter can set up a separate juvenile section if apprehension team requests advice and resources are available. This section handles guidance from them. The absentee\ deserter juvenile crime, delinquency, and apprehension team must coordinate with the misbehavior. SJA when the local civilian police cannot MP and MP investigators (MPIs) assigned accompany the team. to this section can be volunteers. The number The absentee/deserter apprehension team of people assigned depends on availability of is tactful and courteous when dealing with personnel, extent of the juvenile problem, and the civilian community. The team’s degree of command interest. PMs try to select professionalism must be evident. Friends, MP or MPIs who have a counseling or social family, relatives, and local police are work background, or who have been involved contacted for help in developing leads. An in volunteer work with the young. Personnel absentee/deserter apprehension team must assigned to this section deal with delinquent keep in mind that their jurisdiction extends to youths, make appropriate referrals to social the subject only. It does not extend to those agencies, and provide knowledgeable who aid the subject or other civilians. The recommendations for disciplinary action and team will not pressure the family or friends of preventive measures. an absentee into furnishing information or By closely monitoring juvenile activities assistance. MP and USACIDC personnel can aid in

14 FM 19-10 THE MP LAW AND ORDER MISSION establishing an effective delinquency MPIs wear the duty MP , to include prevention program, identifying potential the appropriate components of distingushing problems, and solving juvenile offenses. MP equipment. However, local commanders Elements of a juvenile delinquency may authorize MPIs to wear the military prevention program are— uniform devoid of distinguishing MP Determining juvenile group hangout accessories, or civilian clothing when it is areas. essential to the successful completion of a specific investigation. MPIs authorized to wear Making note of juvenile identities and civilian clothing may request a civilian cloth- activities. ing allowance in accordance with AR 700-84. Developing sources of information. MPIs are armed with either the .45-caliber Determining current feelings of unrest or pistol, the 9-mm pistol, or the .38-caliber boredom. revolver, depending upon equipment Identifying group leaders. authorizations and local directives. Paying special attention to parking lots, Individuals selected to become MPIs must schools, or vacant buildings as hangout complete formal training. One formal course areas or targets for delinquent acts. is the MPI course conducted at the United States Army Military Police School, Fort INSTALLATION CONFINEMENT McClellan, Alabama. Formal training also FACILITY can be received through an MPI course established by a major command authorized The presence of an installation to award an additional skill identifier. confinement facility and its personnel promotes law and order. It assists the Individuals may receive OJT in conjunction commander in maintaining unit discipline with formal training. and strength. It is an integral part of the Upon receipt of a favorable written military justice system. It provides limited response from the US Army Crime Records counseling, administrative services, and Center (USACRC) and completion of formal custodial supervision for pretrial prisoners, training, the individual can be awarded the short-term posttrial prisoners, casual additional skill identifier V5 and be issued prisoners, and posttrial prisoners awaiting MPI credentials. Credentials are issued to transfer to a correctional facility. MPIs by the local PM or a designated MP unit commander. DA Forms 3837 and 3837-1 MILITARY POLICE INVESTIGATION (Military Police Investigator Credentials) are SECTION the only authorized credentials for MPIs. Credentials are serially numbered, The MP investigation section investigates containing the name, description, date of disruptive incidents and suspected offenses birth, color photograph, and signature of the for the PM. MPIs conduct those criminal MPI to whom they are issued. The credentials investigations for which the PM is are authenticated by the PM and are issued responsible. MPIs may also be called upon to for a period not to exceed 24 months. provide personal security when needed for high-risk persons visiting or leaving the area. To ensure positive controls are used for the MPIs are selected in accord with AR 190-30 by issuance and accountability of MPI the local commander responsible for law credentials, the PM ensures the following enforcement operations. The MPI supervisor actions, as a minimun, are taken: is normally a company grade commissioned Appointment on orders of a commissioned officer or a senior noncommissioned officer. officer as credential control officer and a MPIs are normally under the control of the commissioned officer as alternate operations officer. credential control officer.

FM 19-10 15 THE MP LAW AND ORDER MISSION

Establishment of a credential control log. Army’s wildlife conservation is managed by Establishment of controls over unissued the installation game warden. credentials and the establishment of The game warden is often times organized adequate inspection procedures. under the patrol section. The game warden’s Development of procedures for the duties are set by the PM to meet the wildlife temporary and permanent withdrawal of conservation laws and needs of the local area. credentials. MP game wardens are the liaison between the Once credentials are issued to an military installation and the federal fish and investigator, he becomes responsible for wildlife service, state fish and game agency, keeping them in a safe place. If credentials and local law enforcement agencies for fish are lost, the investigator reports this loss and game control. (See AR 420-74 and DA immediately to his supervisor. Pamphlet 420-7.) TRAFFIC SECTION PATROL SECTION The traffic section provides accident The patrol section responds to incidents reporting and investigation services for received by the MP desk or observed by the motor vehicle accidents. This section MP. MP patrols report and investigate all coordinates with the Directorate of suspicious activities, apprehend persons who Engineering and Housing and the Safety have or are in the process of committing an Office concerning traffic patterns and flow. offense, and ensure the security of the (See FM 19-25.) military installation. The primary objective of MP patrols is to protect, assist, and provide MILITARY WORKING DOG high visibility of MP in areas subject to SECTION criminal activity. MP patrols— The MWD section manages and operates Ensure physical security of military MWD facilities. It provides advice on MWD installations, personnel, property, and matters. It trains and maintains proficiency equipment. of MWD teams to support MP and other Secure crime scene. agencies. It maintains the health and welfare Enforce laws, orders, and directives on of MWDs. And it maintains kennels, related military installations or areas under facilities, and equipment. (See FM 19-35.) military control. SPECIAL REACTION TEAM Provide information and assistance to members of the military community and The SRT, through intensive training in the general public. combat in built-up areas, marksmanship, Control the flow of military and civilian rappelling, physical training, first aid, and traffic subject to their jurisdiction. the use of specialized equipment, is designed to neutralize or apprehend a barricaded Control crowds of military and civilian offender with a minimum of danger to personnel subject to their jurisdiction. hostages, team members, other MP, and others. All team members receive cross- GAME WARDEN SECTION training in the specialized duties of other MP actively support the conservation of members. For additional information see installation wildlife. The MP support of the Chapter 21.

16 FM 19-10 CHAPTER 2 Extending MP Support

The specific operations MP perform at a given time are determined by the need of the CONTENTS echelon or installation commander and by Page the availability of MP resources. On the AUGMENTING RESOURCES ON THE battlefield the echelon commander’s BATTLEFIELD...... 17 priorities of need determine which MP ENHANCING SUPPORT ON THE operations are accomplished. In a peacetime INSTALLATION ...... 18 environment the installation commander’s Using Reserve Forces ...... 18 priorities determine which MP operations Using Military Working Dog Teams...... 18 must be accomplished. In either case MP Using Contracted Services ...... 19 assets are limited, thus all assets are Chain of Command ...... 20 committed at all times. Statement of Work ...... 20 The PM must consider ways to extend his Using DOD Guard/Police Force ...... 22 resources. Even on the battlefield, for Using Volunteers ...... 23 example, courtesy patrols may be performed Recruiting ...... 24 by non-MP personnel when authorized by the Conducting Orientation and Training. .25 commander. In peacetime, when dictated by Coordinating ...... 26 the situation, the PM may request assistance Maintaining Program...... 26 in the form of additional manpower and equipment from general purpose tactical MP units assigned to the installation. These units contracting services and Department of include, but are not limited to, corps MP Defense (DOD) guard/police force require companies, heavy division MP companies, extensive planning, coordination, and and light division MP companies. Assets like justification. Other assets, like volunteers, unit reserve and ready reserve forces and require some expenditure of existing MP MWD teams are readily available to the PM. resources, but this loss is more than offset by Some installation alternatives like the gain in productive assistance.

AUGMENTING RESOURCES ON THE BATTLEFIELD On the battlefield the PM, aware that not that his division MP assets are totally all MP operations can be accomplished all of committed. The corps PM then assesses his the time, continuously effects a trade-off own assets to see if he can provide the between the number and kind of MP requested support. He informs the division operations that the commander requires and PM of his decision. If the corps PM agrees to the number and kind of MP operations that provide support, the problem of how to do the can be resourced. But in some circumstances mission is solved. However, the corps PM augmentation assets may be required to may say he cannot offer support at that time. accomplish the mission. The division PM then reconsiders the If the division PM needs more assets to division commander’s desires and goals accomplish missions, he uses his technical (criticality of the missions). He must decide link with the corps PM. He requests X number whether or not to request support through the of MP assets to do the mission. He explains official chain of command. If he decides to

FM 19-10 17

161-016 0-94-2 THE MP LAW AND ORDER MISSION make the request, he notifies the division should be provided, the corps commander will chief of staff or the G3. He tells him that he direct the corps PM to provide the assets. But has not been able to get support from the they may decide corps assets cannot be used corps PM. He asks for commander-to- to support the division’s mission. In that case commander contact to get the needed support for those missions is delayed until support. The chief of staff or the G3 informs division or corps MP assets are free to do the division commander. He, in turn, talks to them. the corps commander. If they decide support

ENHANCING SUPPORT ON THE INSTALLATION

In considering enhancing support on the USING MILITARY WORKING DOG installation, there are questions that must be TEAMS answered. Will the majority of duties consist of protection or enforcement? And how Use of MWD teams also extends. PM critical is the mission to national security? resources. The teams, consisting of one dog The answers to these questions can make a handler and his dog, can often function in difference in the composition of the work place of a two-man MP team. force. The PM may decide that a reserve force All dogs and their handlers are trained at is needed or that an MWD team would better Lackland Base. All dog handlers, suit the needs of the installation. Or the PM even those working with narcotics/explo- may decide that contracting services, a DOD sives detector dogs, are first trained as patrol guard/police force, or volunteers could be dog handlers. Patrol dog handler training used to supplement the MP. teaches handlers how to care for and feed their assigned dog and the importance of USING RESERVE FORCES obedience and proficiency training. This training helps handlers to develop a complete Reserve forces such as unit reserves and understanding of their role in the MWD ready reserves can provide the PM with program. added personnel. To respond to emergency All dog handlers receive training on the situations the size and makeup of the MP unit drug abuse problem, techniques of searching, reserve force depends on the situation and the law of search and seizure, custody of MP resources available. The unit reserve is evidence, and other subjects as deemed made up of MP who are off duty, who have necessary. just completed a tour of duty, or who are assigned to later tours of duty. The unit The dog handler must be qualified with reserve is used only when ordered by the PM the .45-caliber pistol, the 9-mm pistol, the or his authorized representative. Vehicles .38-caliber revolver, and/or the M16 rifle and emergency equipment are required when before he may carry the weapon. No other this force is used. An MP unit reserve is used weapon will be used nor may any weapon for specific purposes, such as control of be carried concealed. disasters or civil disturbances. The length of tours of duty for MWD teams is determined by the needs of the command. A ready reserve force is a small motorized Schedules must also consider the climate and reserve patrol force. This force is available to terrain conditions that can enhance or reduce meet minor emergencies, reinforce details, a dog team’s effectiveness. Scheduling must and handle special events. This force is either include the time necessary for training the stationed at the MP station or on call in the dog, caring for and feeding the dog, and MP unit area. kennel sanitation and maintenance.

18 FM 19-10 THE MP LAW AND ORDER MISSION

The standard for employment is Authorizations are reduced to the numbers approximately 30 hours per week. Proficiency that can maintain the standard. Excess training is mandatory. And at least four MWD teams are reassigned to areas where hours of proficiency training per week are they are needed. required in performing patrol dog techniques There is no need to withdraw MWD teams and tasks. from their posts during inclement weather. Dual-trained MWDs will require four hours The dog’s ability to detect an intrusion will of training in patrol tasks and four hours of still exceed that of his handler or many other training in specialty tasks (drug or explosives physical, mechanical, or electrical intrusion detection). The minimum standard of detection systems. MWDs stationed in cold proficiency to maintain certification as a weather areas should be acclimated to their narcotics detector dog team is a 90 percent or boots and blankets during training. As a better detection rate. The minimum standard result, the dogs do not resist wearing of proficiency to maintain certification as an protective equipment when weather explosives detector dog (EDD) team is a 95 conditions necessitate its use. percent or better detection rate. Narcotics or explosives dog teams must maintain an If a narcotics or explosives detector dog is average proficiency that meets or exceeds the unable to continue detector duties, or fails minimum proficiency standard. Failure to do recertification, and retraining fails to correct so for three or more consecutive months will the situation within 45 days, the result in automatic recertification of the circumstances will be throughly documented. narcotics or EDD team. The team is (See Chapter 11 for more information on recertified only after retraining and MWD teams.) consistent demonstration of the minimum standard of proficiency. An appointed USING CONTRACTED SERVICES certification authority or the instructor staff The Army has PM activities that are or of the Air Force training activity can then may be are subject to the Commercial Activi- recertify the team. ties (CA) Review Program (see AR 5-20). The effectiveness of narcotics and Under the CA program privately owned explosives detector dog teams depends on civilian firms compete with in-house continual reinforcement of their detection government activities. The CA program ability through proficiency training. During requires that a local point of contact (POC) be a handler’s extended absence, a minimum of designated at each installation to coordinate four hours of proficiency training must still the installation CA program. This POC is be conducted each week. This training can generally designated within the Directorate be performed by the kennel master, a dog of Resource Management (DRM). trainer, or a qualified narcotics or explosives An example of a service a PM may consider detector dog handler. for contracting is police/guard training. It may be necessary to periodically increase When considering contracting the PM the frequency or length of proficiency train- must— ing to compensate for or correct training or Identify the need for the contractor operational deficiencies. When proficiency services. training is increased, there will be some trade-off with utilization. However, it should Coordinate with the installation be possible to maintain the utilization and Directorate of Contracting (DOC). proficiency training ratio. When both Determine if the services to be contracted training and utilization consistently fall can be performed by a civilian company. below the employment standard, a reduction Decide if contracting for the services will of MWD team authorizations is indicated. be cost effective.

FM 19-10 19 THE MP LAW AND ORDER MISSION

Decide if the services can be performed specifies to what degree the services are to be more efficiently by a contractor. performed; that is, how well, to what degree, The PM should coordinate with the local and how accurately. CA point of contact prior to contracting any The SOW contains paragraphs which services. This coordination is to determine if address: these services are subject to a CA review. Scope of Work. This paragraph is a brief, Once these decisions are made, the local simple, and concise overview of what Resource Management Office (RMO) is the contractor services will involve. contacted to determine if funds are available Objective. This paragraph identifies the for contract services. If funds are available, a goal to be accomplished by the contracting recommendation is made to higher service. headquarters to contract for the required Phase-In. This paragraph states how services. A program analyst, your DRM many days the contractor has to POC, signs a DA Form 3953 (Purchase commence the work. This may involve Request and Commitment) indicating the time for training of employees and for availability of funds. obtaining the necessary equipment. The Chain of Command phase-in time begins the day the contract The chain of command is an essential is awarded. ingredient for a successful contract. The General. This paragraph is an overview of chain of command includes— the services that are going to be performed The contracting officer (KO), who holds by the contractor and under what the position which governs all government condition (for example, weekly, monthly, contracts on an installation. The KO is first, second, or third shift). appointed by the major command. Contract Personnel. This paragraph The contract officer representative (COR), addresses the specifics for each task the who is usually the author of the statement contractor is to perform. It is written in the of work (SOW). The COR represents the SOW as “The contractor shall.” contracting officer and the interests of the Quality Assurance Plan. This paragraph United States government. addresses the specifics of the tasks to be The contractor, who manages the contract, performed by the contractor and and the contract employees, whom the eventually becomes an appendix of the contractor has hired. contractual package. The quality assurance plan should specify that a Statement of Work written response from the contractor is The solicitation package becomes the SOW required for all written deficiencies noted. and part of the contractual package. For a Government-Furnished Items or PM services contract, the individual most Notification. This paragraph addresses knowledgeable and most familiar with the those items that the government will types of services required and with the provide to the contractor for the mission is the likely candidate to develop the performance of services. The equipment SOW for the contract. will be listed specifically and separately. It The SOW consists of tasks, conditions, and will be a technical exhibit during the standards for the services to be performed. negotiation phase and will eventually The task statement tells what job is to be become an appendix of the contractual performed. The conditions statement tells package. The notification addresses what is required to perform the services and occasions that require government under what circumstances the services are to notification to the contractor to include be performed. The standards statement changes in negotiations.

20 FM 19-10 THE MP LAW AND ORDER MISSION

Contractor Furnished Items/Equipment. SOW is approved, it is announced in the This paragraph addresses what the Commerce Business Daily, to which many government requires the contractor to companies subscribe. The contract at this furnish for performance of services to point is open to the public for bids. Potential standard. contractors have 15 days after the date of Contractor Responsibilities. This publication of the Commerce Business Daily paragraph states exactly what services in which the announcement of the SOW are to be performed. appeared, to make a request for proposal to Contract Performance Period. This the DOC. paragraph states the period of time the If a company decides to bid on the contract, contractor has to perform the services which means to offer all services required by required by the contract (for example, the SOW for a certain price, the company 1 October 87-30 Sepember 88). prepares a solicitation package. The Attachments. The attachments may solicitation package provides a brief history include known companies and the of the company, descriptions of previous evaluation plan. The known companies government contracts awarded it, and will include institutions, companies, and resumes of their key personnel. organizations that already perform the When one or several solicitation packages services being considered for contracting. have been received by the DOC, a technical The evaluation plan identifies the review board is conducted. The technical specifics that the technical review board review board consists of the COR, a DOC looks for in each bidder’s package. representative, an SJA representative, and Evaluation Factors and Subfactors. This others who are technically proficient in the paragraph lists specific areas in which descriptions outlined in the SOW. All total points are awarded. These factors individuals making up the board must be and sub factors are given numerical value disinterested parties to the companies and used by the technical review board to providing solicitation packages. determine who is awarded the contract. A method of conducting the technical There is no publication that tells how to review board is to begin with the lowest develop a particular contract since bidder and work your way up in dollar requirements and specifications for each amounts. The bidder, when selected by the contract are different. When developing the KO becomes the contractor. A meeting then SOW the COR can use Federal Acquisition takes place between the contractor and the Regulations (FARs), SOPs, and other chain of command to “fine tune” the SOW. publications. The COR may ask for guidance A COR may be the most technically from the chain of command. Quality contract proficient person in the area for which a service is totally dependent on a quality contract is proposed. Sometimes a PM serves SOW. If a task is not outlined in the SOW it as a COR. The COR is appointed in writing will not be accomplished by the contractor. by the KO. The FAR outlines the areas required in the The COR represents the interests of the SOW. The Office of Federal Procurement United States government and carries out Policy publishes the Guide for Writing and each aspect of contracting duties in a Administering Performance Statements of professional manner. The COR also Work, which outlines the details for represents the KO, who governs all development of SOWS. government contracts on an installation. After the SOW is drafted, it is staffed with The KO is the only person authorized to enter the local DOC. The DOC will staff the SOW into contracts for the government or change with the local SJA for legal advice. After the a contract on behalf of the government.

FM 19-10 21 THE MP LAW AND ORDER MISSION The contractor is the manager of the When services are not performed or are not contract. The contractor plans, controls, and performed according to the terms of the allocates available resources. The KO/COR contract, the DOC takes one of the following administers the contract. Contract actions: administration covers all actions from award Criminal. of contract to close of contract. The resolution of problems that arise after awarding of a Civil. contract is a major concern in contract Administrative. administration. The largest single challenge Contractual. in administering contracts is to ensure that products or services paid for are in fact In resolving contractual problems, the received. DOC can issue a “cure notice.” This notice states that the contractor is not performing in The COR ensures the requirements are accordance with the contract and that the carried out in accordance with the situation must be corrected. The DOC can specifications of the contract. The COR is also issue a “show cause” letter. This letter responsible for spot checking and inspecting states that the contractor has a certain the contractor’s performance of work. A amount of time to show cause why the quality assurance evaluation plan is government should not terminate the developed and acts as a checklist for the COR contract. The contractor must then prove that or a technical assistant appointed by the KO. the problem is beyond his control. When a deficiency is noted, a written notice When contracts are terminated, the of deficiency is forwarded to the contractor. A defaulting contractor becomes responsible copy is provided to the KO. The contractor for paying all reprocurement costs. In some keeps the COR informed in writing of actions cases a contractor can be made to pay a taken to correct the deficiency. Copies are predetermined amount based on failure to provided to the KO. provide products or services by a given date. The COR’s file contains but is not limited to— USING DOD GUARD/POLICE A copy of the contract and all changes and FORCE modifications. Purchase requests and commitments The responsibilities of a DOD guard force (PR&Cs), which indicate to RMO that and a DOD police force have similarities and services are rendered for a fee to be paid at differences. To understand these similarities a later date. and differences, supervisors and managers need to compare and contrast the Copies of obligations of monies, which are responsibilities of each force. received from RMO. A duplicate copy of the COR appointment A DOD guard force is established primarily letter, the original of which is maintained to protect government property from hazards such as sabotage, espionage, theft, fire, and by the DOC. accidental or willful damage and destruction. All correspondence between the KO, COR, As a secondary responsibility, guards and the contractor. maintain law and order and control the Names, titles, and positions of individuals movement of persons and materials into, functioning for the COR as technical and within, and from government property being administrative assistants. protected. Phone conversation records between the A DOD police force is established primarily COR and the contractor. to promote law and order. It protects the life, Records of inspections performed. property, and civil rights of persons. It

22 FM 19-10 THE MP LAW AND ORDER MISSION preserves the peace; prevents, detects, and officers to exercise authority granted investigates accidents and crimes; by statute. As special officers, guards may apprehends violators; and provides aid and have the same power as sheriffs and/or comfort in emergency situations. As a constables on federal property to— secondary responsibility, DOD police protect government property. Enforce the laws enacted for the protection of persons and property. Guards and police, as well as MP, are Prevent breaches of the peace. designated as military law enforcement officials by the Manual for Courts-Martial Suppress affrays and unlawful (MCM), United States 1984. Each is fully assemblies. empowered by the Uniform Code of Military Enforce rules and regulations established Justice (UCMJ) to apprehend military by proper authorities. members while in the execution of their The jurisdiction and authority of these official law enforcement duties. Members of officers does not extend to the each category share the same restrictions serving of civil processes. They are restricted over apprehension of persons not subject to to federal property where the United States the UCMJ. Differences between DOD has exclusive or concurrent criminal personnel assigned as civilian police or jurisdiction. Guards are prohibited from guards lie in the duties performed, not in their receiving extra compensation for exercising authority. Additionally, members of each this additional arrest authority. series serve as agents of the installation commander in the preservation of peace. DOD police in federal jurisdiction enforce Persons not subject to the code may be a wide variety of federal and state statutes, as apprehended and detained by personnel in well as agency rules and regulations. either series and turned over to the Authorized under the rules governing the appropriate civilian authorities. armed forces, persons serving in the police series are expected to exercise authority to— Further, guards, police, and MP have the ordinary right of citizens to assist in the Apprehend, under warrant, any person maintenance of peace. This assistance accused of having committed any offense includes the right to make a citizen’s arrest of against the laws of the United States or civilian violators on military installations. against any rule or regulation prescribed under pertinent law. Since no federal citizen’s arrest statute exists, care is taken not to exceed the citizen’s arrest Apprehend, without a warrant, any person authority of the locality. In some states committing any such offense in their citizens may make for felonies but not presence. for misdemeanors. In other states a private Apprehend, where applicable, without citizen may make arrests for any crime warrant, any person in a situation in committed in his presence. Personnel should which there are reasonable grounds to become familiar with the provisions of the believe that person has committed a citizen’s arrest authorization granted by the felony. law in their locality. See AR 190-56 for more information on Administrative restrictions may be Army DOD guard/police forces. imposed locally requiring DOD guards to USING VOLUNTEERS detain violators pending the arrival of specific law enforcement personnel. Law To enhance the operation of a PM activity, enforcement duties can be expected of guard PMs may seek to use volunteers. Department force personnel. If so, they may be deputized, of the Army policy on volunteers is that they commissioned, or appointed as special police will be used to the maximum extent possible

FM 19-10 23 THE MP LAW AND ORDER MISSION within legal restrictions. Federal law (31 demands on the PM’s staff are minimal. For United States Code [USC] 1342) prohibits the this reason, this is the preferred option. See United States government from accepting DA Pamphlet 608-28 for details. most types of voluntary services. But the Another option to consider is a volunteer Comptroller General of the United States has coordinator to recruit participants and rendered decision B-204336 which approves administer the volunteer program. The PM’s the limited use of volunteers in Army crime staff assists in recruiting and training prevention programs. Before performing any volunteers and in any other way necessary to services, volunteers must sign a DA Form make the program a success. The volunteers 4712-R (Volunteer Agreement) to agree to and the coordinator develop a strong sense of perform their duties without pay. Volunteers identity with the PM office, and there is a are not government employees. They must built-in flexibility and responsiveness that have their own volunteer chain of command may not exist when working through the headed by a volunteer coordinator. Army Community Service volunteer Military and civilian retirees perform program. efficiently as part of an installation crime An outside service organization can prevention or crime analysis section. They administer the volunteer program. This option have the interpersonal skills, work habits, is preferable when a recognized service and attitudes needed to be effective members organization desires to setup a volunteer crime of the crime prevention staff. Volunteers may prevention program for both the installation perform many crime analysis support and the local civilian community. This functions. They may prepare and distribute program ties together the Army and civilian literature to support crime prevention programs, but the PM has relatively little campaigns. They may make presentations on control over this volunteer program. crime prevention and assist in organizing and operating neighborhood watch or other Recruiting crime prevention programs. Volunteers may The PM and installation commander must not answer telephones, register vehicles, or understand the importance of the volunteer perform any other functions which paid program. One of the most important issues in civilian or active duty personnel have creating a volunteer program is to decide historically performed. Any other duties exactly what needs to be done. There must be must be approved by Department of the a specific, immediate need for volunteers. Army. Positions are not created, then individuals recruited to do the work. Job descriptions Organizing and administering a volunteer must be developed for each position. Job program requires an investment in time. descriptions define a task and its subtasks, Volunteers require work space, equipment, and explain how the task will benefit the and other support to do their jobs effectively. overall mission. See DA Pamphlet 608-28 for How the volunteer program is organized will guidance in preparing job descriptions. determine how much time the PM’s staff However, any format that clearly defines the must expend on the program. There are at task, skills needed, reporting system, and least three different organizational models time requirements is acceptable. which may be employed. Which model is best will depend on the local situation. The American Association of Retired Persons has local chapters in most towns. On many military installations, the Army Their rolls are usually filled with retirees who Community Service has already established desire to maintain a relationship with the or can establish a volunteer program. The military community. Retirees almost always Army Community Service recruits have the character traits and stability volunteers and administers the program. The required for the crime prevention program.

24 FM 19-10 THE MP LAW AND ORDER MISSION

Because they are permanent residents of the work tours. This includes scheduling backup community, they offer a potential source of personnel if the scheduled volunteer does not continuity to any operation. report for work. The coordinator sets work There may be other local community standards. And minor breaches of work service organizations having likely standards are documented by the volunteers. Examples include the United coordinator. Persons who fail to meet Way, Red Cross, Noncommissioned Officer’s standards are counseled. Active duty and paid civilian personnel offer advice on how to Association, and Retired Officer’s perform tasks correctly. They must intervene Association. directly when a volunteer causes a safety Volunteers should be interviewed several violation. But volunteers are disciplined only times. One interview is usually a group by the coordinator. Volunteers must meet the meeting. At this time, volunteers are given same basic standards as paid employees. application blanks to take home and to return They must report for work on time and act by mail. The program is explained, and it is professionally while on the job. And their announced whether or not a background after-duty conduct must not reflect adversely check will be conducted on specific jobs. If a on the installation law enforcement activity. background check is required, local PM and civilian police department records, NCIC Volunteers seldom work a full day. It is files, and USACRC files are checked. The necessary to recruit enough people to assure group meeting allows the volunteers to be the work load is not too great. But it is also discreetly assessed and preliminary important not to have too many volunteers. judgments made as to their suitability. Recruiting is a continuous process. A current inventory, showing where volunteers are The most effective interview is one-on-one. needed, and a list of people who have This interview is the best way to learn expressed interest in becoming volunteers individual interests, assess talents, and are useful. develop support of potential volunteers for the program. Guidelines are developed before All support required is identified and the interview is conducted to obtain the arranged before the volunteers report for information wanted from the interviewee. duty. To the maximum extent possible, Interviewers must know what jobs are volunteers are provided the same working available and the hours available for conditions as paid staff. As a rule, they volunteer work. Volunteers are given the are not segregated, but work closely with chance to select the hours they want to work. full-time staff so that a productive relationship develops. One of the best assets for a volunteer program is to have a motivated coordinator. Because volunteers will not usually work a A motivated coordinator can greatly 40-hour week, it is often not possible to assign facilitate recruiting. Coordinators need— each volunteer an individual desk. However, when volunteers share work space, at least Some managerial or supervisory skills. part of it (for example, one desk drawer) is Good communications skills. designated for each person’s use. Ability to work under minimal supervision. Conducting Orientation and Training Dynamic, pleasing personality. Orientation is important. There is a Ability to identify and solve problems. general orientation to the MP Corps and the PM office. Volunteers are also taken on a tour The coordinator is a key figure in of the MP station. They are told how their maintaining the integrity of the program. particular job fits into the overall scheme and The coordinator schedules volunteers for provided general information common to all

FM 19-10 25 THE MP LAW AND ORDER MISSION new employees. There is also a specific To ensure that an effective working orientation on the volunteer program. relationship develops between employees Volunteers are provided an explanation of and the volunteer organization selected, all the job and the job setting. Step-by-step supervisors, civilian employees, and soldiers procedures to be followed in the performance must be briefed on the program. of tasks are carefully explained. Volunteers Included in the briefing are the specific will perform required tasks under the functions volunteers will perform. The supervision of a paid employee or briefing must clearly state that volunteers experienced volunteer. The volunteer is given will not replace full-time staff and that their more freedom in small increments as he participation will have no impact on career demonstrates his ability to accept the added advancement, job stability, or any other job responsibility. conditions. The briefing should define the Formal training must be provided when relationship between volunteers and paid the need is identified and as determined by staff, especially as it relates to supervision the PM. Lesson plans are developed for all and discipline. formal instruction. Classes are brief and, The briefing should also address the whenever possible, scheduled to coincide benefits that will accrue as a result of the with volunteer work periods. volunteer program. It is essential that Volunteers are also used to organize everyone understands that volunteers will neighborhood watch programs or similar enhance the staff’s ability to provide activities outside the office. If so, the need for first-rate law enforcement support to their government transportation and government installation. drivers’ licenses must be considered. If the Maintaining Program installation requires vehicle registration, arrangements must be made to provide The PM must ensure that volunteers decals to volunteers to register their privately receive the feedback necessary to maintain owned vehicles. their morale and commitment to the program. There are several ways to ensure Coordinating this goal is met. Volunteers and line Once the decision has been made to use personnel must get acquainted. One way to volunteers and the organization model has do this is to include volunteers in all social been chosen, it is important to coordinate functions in the office that are scheduled with other installation activities which may during duty hours. be affected. It is essential that appropriate Volunteers must understand what types of commanders and staff organizations are well information and procedures enhance informed about the program so they can successful police operations. One way to get respond to inquiries. As a minimum, the this information to volunteers is to allow following people are briefed: them to sit in on unclassified briefings. The installation commander. Service award certificates are developed to The garrison commander. present to volunteers for active participation The Director of Personnel and Community in the program. Awards are keyed to the Activities. number of hours contributed; for example, The civilian personnel officer. 500, 1,000, or 5,000 hours. (The volunteer coordinator should accurately record hours The public affairs officer. of service performed and notify the PM when The staff judge advocate. a service award is due.) Award ceremonies The Army Community Service are held to present certificates and to coordinator. recognize the contributions of the volunteers.

26 FM 19-10 THE MP LAW AND ORDER MISSION

A luncheon or dinner may be planned to that corrective actions were attempted. If the honor the volunteer staff at least annually in removal is for one incident of unacceptable one of the installation clubs. Members of the behavior or a violation of trust, the incident is installation command group may attend, as fully investigated in order that the well as key members of the PM/security volunteer’s rights are protected. The office. situation is thoroughly investigated by the Volunteers are removed from the program volunteer coordinator and discussed with the for poor performance. Removal from the crime prevention officer and PM. When the program is accomplished formally. The decision is made to remove a volunteer from volunteer coordinator must have the program, the decision is relayed to the documented proof of such performance, volunteer personally by the PM or a including counseling statements showing designated representative.

FM 19-10 27 CHAPTER 3 Resourcing MP Operations

The proper management of resources is an important aspect of a PM’s operation. The CONTENTS PM is responsible for providing the input that Page will ensure MP operations can be carried out. UNDERSTANDING THE COMMAND Hence, PM familiarity and involvement with BUDGET PROCESS ...... 28 budget development is critical. The execution Obtaining Funds ...... 28 of the budget requires a clear understanding Participating in the Resource Process. . . . .31 of the budget cycle. It also requires close Using Available Funds ...... 31 scrutiny of requirements and monitoring of Obtaining Funds for Unexpected the commitment, obligation, and dis- Requirements ...... 32 bursement of funds. DEVELOPING THE INSTALLATION MP programs compete for funding. COMMAND OPERATING BUDGET...... 34 Effective planning, programming, and budgeting of funds to obtain resources management document for law and order requires knowledge of the system. activities for the installation. It represents Programming of resources is usually planned the summation of existing resources, their two to five years ahead. The PM’s resource application, and new initiatives that require plan serves as an overall resource resourcing.

UNDERSTANDING THE COMMAND BUDGET PROCESS The program analysis and resource review, OBTAINING FUNDS which major Army commands (MACOMs) The PM obtains funds through the Army’s submit to Headquarters (HQ) DA, indicates strategic management system known as the the missions, issues, or initiatives that the planning, programming, budgeting, and MACOMs would like to see included in the execution system (PPBES). The Army Army program objective memorandum PPBES establishes and maintains the (POM). The POM conveys the Army’s pro- Army’s portion of the DOD Five-Year posed program to the Office of the Secretary Defense Program and Defense Budget. The of Defense. It addresses resource levels for Army PPBES is influenced by both the DOD five fiscal years beginning with the biennial PPBES and the joint strategic planning program. system. These systems provide input to the Secretary of Defense and the Joint Chiefs of A major objective during budgeting and Staff. Through its disbursement of funds the execution is to maintain program and budget Army PPBES carries out guidance from consistency. Acceptance of any change to higher HQ. It influences policies, strategy, program levels in the approved POM requires force objectives, materiel acquisition, and determining program trade-offs to achieve a other considerations. And through its request zero-sum change. Adjustments during budget requirements, the PPBES allows for policy formulation must remain within the levels participation by the Army staff, Army field approved as depicted in the Army’s total operating agencies, and MACOMs. (AR 1-1 obligational authority (TOA). contains additional information. )

28 FM 19-10 THE MP LAW AND ORDER MISSION

PPBES architecture allocates program and sustaining, manning, lnformation budget resources to products described by management, training, managing, and management decision packages (MDEPs), facilities) with an Army staff point of contact which collectively establish Army force designated to defend and manage the PDIP. capability in terms of— The other component of the MDEP is a Missions of TOE units. budget increment package (BIP) managed by Acquisition, fielding, and sustainment of the Director of Army Budget. The BIP com- systems. (Linkage to units exists through plements the PDIP and covers the prior year, off-line decision support systems main- current year, and budget year. tained by the Deputy Chief of Staff for Fund sources, known as “appropriations,” Research, Development, and Acquisition.) in the PPBES are geared to meeting specific Activities of the support and mobilization types of needs. For more information on base. PPBES, see AR 1-1 and DA Pamphlet 5-9. Operations of Army installations. The PM will obtain most resources through Special functional areas (program and the Operations and Maintenance Appropria- budget packages that cut across two or tion (OMA) of the PPBES. OMA subelements, more other management areas in order called programs, are drawn on for base to define and protect resources having operations, training, and property main- high-level interest during a specific tenance, among other needs. Program 11 period). monies are divided into functional areas as MDEPs have two components. One com- “lettered” accounts. ponent is a program development increment It is the “T” account in Program 11 of OMA package (PDIP), which is managed by the that is important to PMs. The T-account Director, Program Analysis and Evaluation. monies are designated for the preservation of The PDIP covers five years and helps build order. The T account is subdivided into the Army program. The PDIP helps the separate elements of resource: decision-making process accommodate either decreases or increases to the TOA and Civilian pay. manpower levels. It provides discrete, Contracts. executable levels that can be readily Travel. extrapolated to unit equipping. The PDIP is supply. managed by functional areas (equipping, Equipment.

FM 19-10 29 THE MP LAW AND ORDER MISSION

Civilian pay is based on compensation Command item manager. OPA funds are also rates and authorized strength levels. provided as a “tail” to Major Construction, Contractual elements of resource are based Army (MCA) projects to furnish intrusion on a schedule of itemized contracts currently detection systems as government-furnished in effect and updated to reflect deletions of equipment to a contractor. PMs must contracts not expected to be renewed and understand that OPA funds are identified for anticipated new contractual requirements. the purchase of specific items and cannot be Travel and temporary duty (TDY) reflect a reprogrammed. For example, OPA funds for schedule of trips to include place to be an installation MCA project to upgrade a visited, length and purpose of visit, mode of fence cannot be used to buy automatic data transportation, and per diem rate or total processing (ADP) equipment for the MP estimated cost per individual trip. Supplies station. PMs must evaluate and identify the are separated into two types: consumable appropriate resource for the requirement and nonconsumable. Consumable supplies being considered. When in doubt, PMs should are those items of supply required by section contact their local budget analysts or chiefs or subactivities. These items, such as MACOM PM office for advice. stationery and batteries, are priced out and compared with historical supply records. Funds in support of MP investigations are Nonconsumable supplies are durable items available through USACIDC confidential such as equipment. The basis for the funds to the PM. These funds, known as nonconsumable supply element is the .0015 funds, are used in support of infor- equipment replacement schedule which is mation gathering, investigative activities, derived from the expected life of the covert operations, and other related individual item. Within certain limits activities. All MPI personnel must be reprogramming may occur between the thoroughly briefed on the conditions and elements (except for civilian pay). This procedures under which .0015 funds can be action reallocates resources from, for used for payment or reimbursement. example, the consumable supply element to the travel element. The PM obtains .0015 funds by submitting a letter of request to the approving official. The PM must stay informed about com- The letter of request explains who mitments and obligations of the T account. (specifically) will be obtaining and using the The installation commander may reprogram funds. After the .0015 funds have been money from the T account to another approved by the approving official, the fund installation account within certain limits. custodian requests and actually obtains the These limits differ from MACOM to MACOM. A reprogramming action should be money. The fund custodian must account for a cooperative effort which examines all law all advanced and expended funds. enforcement programs to ensure program MPIs obtain .0015 funds in support of interests are protected. The budget analyst specific operations. They must then provide within the Directorate of Resource the fund custodian with an accurate Management will be able to give local accounting of all expenditures. This guidelines. accounting is documented on DA Form 5070-R The PM can obtain other funds, however, (Justification Statement for .0015 through other appropriations. For equipment Contingency Funds). The form is submitted such as night-vision devices or voice-secure to the fund custodian for his records. MPIs radios, PMs may address Other Procurement, must be aware that funds are for authorized Army (OPA) funding requirements to their expenditures only and are subject to MACOMs. Approved OPA funds are pro- disapproval otherwise. Guidelines are vided to the MACOMs by the Army Materiel contained in AR 195-4.

30 FM 19-10 THE MP LAW AND ORDER MISSION

PARTICIPATING IN THE The next step is to get involved with RESOURCE PROCESS resource management in the early stages. The PM must effectively participate in the Then the PM should follow each action PPBES to resolve and follow up resourcing through to completion. At each step in the issues. The PM must identify needs based on process decisions will be made and priorities the requirements, activities, and tasks to be will be set. For example, during the first performed. (See DA Pamphlet 5-3 for more stage of the decision process, a given PM information on activity and task analysis.) requirement may receive a high priority. But during the second stage, this requirement The justification of need is a critical may be given a lower priority because of element in resourcing. Justification must changing priorities, unprotected require- reflect the importance of the need and the ments, and emergencies. The funding impact on the mission if the need is not met. process is not predictable. The PM must Resources must be identified and justified in realize that no decision is final until the a resource plan. funds are actually obligated. At each installation the PM must learn The final step is to do the necessary who develops resource priorities and what homework. Even though the PM plans, committee makes recommendations. programs, and identifies present needs, the Examples of such committees are the amount of time required for the process to program resource advisory committee evolve full circle is agonizing and frus- (PRAC) and the installation planning board. trating, but important. Continuous evalua- The PRAC and installation planning board tion of all law enforcement requirements, make decisions that affect the PM’s mission threat assessments, and problems should performance. funding not be received must occur on a The PRAC recommends to the installation regular basis. The PM should implement a commander which programs are to be time-phased plan for the phases of the law funded. Major activity directors (MADs), enforcement needs program. who are members of the installation’s Using Available Funds PRAC, are in the best position to make PMs can keep informed about com- meaningful financial estimates to support mitments and obligations of the T account their missions and to provide relevant through the budget analyst. A commitment justification for the required funds. The PM is the first step toward spending dollars. A must be able to participate or, at a minimum, commitment indicates to the PM’s MAD an provide input to the installation PRAC anticipated obligation of dollars. Since a regarding those issues of utmost concern to commitment constitutes an administrative the PM missions. reservation of funds, committed funds The installation planning board decides should not be used for making future budget the priority of installation work orders. For decisions. Once the procurement cycle is example: Will the requirement for kennels be complete, and a contract awarded or services funded this year? Will permanent or tem- rendered which require programmed porary kennels be constructed? Where will periodic payment, the dollars are con- they be located? The PM may not be a voting sidered obligated. Obligation rates provide member of these decision-making groups, a measure from which to assess a but he may attend the meetings. (The budget well-managed budget execution program. analyst should be aware of when the Once obligated, the execution of contracts, meetings are conducted.) It is more difficult delivery of equipment, or provision of for the committee to reprogram PM funding services should be monitored and evaluated if the PM is present and armed with defense to determine if obligations will require for PM requirements. adjustment.

FM 19-10 31 THE MP LAW AND ORDER MISSION

PMs may receive a monthly account status fiscal years, serves as the base document for report from the budget analyst. The account identifying installation resource status is reported on any locally designed requirements for the budget year. This is form that will assist the budget analyst in followed by the contract process which monitoring obligation of funds. The report involves the installation and MACOM transmits budget information about commanders. Finally, the budget execution underutilization of funds, indicates the review (BER) occurs midway through the possibility of reprogramming funds, and current year. PMs should anticipate potential indicates when funds are low. The monthly requirements and identify their needs early account status is an important document for in the budget process. PMs should also the PM because it provides a history that can continuously monitor their programs and be used for future budget guidance and identify possible alternatives that could serve decision making. as a means for providing resources for The relationship between the PM and the unanticipated requirements. In the future budget analyst is critical. The PM and budget installations will review budget execution analyst must communicate openly about through the review and analysis process. budget matters to provide the commander This process will allow commanders accurate information to make fiscal throughout the chain of command to have decisions. Failing to keep the commander continuous monitoring of each COB. informed invites decisions that can have When addressing UFRs, PMs must be negative implications on existing and thorough in determining if the requirement planned law enforcement programs. can be accomplished if funds are made available. The requirement and supporting Obtaining Funds For Unexpected justification for UFRs must be clear and Requirements specific. The UFR status lists are prioritized Important to the success of any instal- and continually updated at the MACOM lation’s law enforcement effort is the PM’s level. The lists are then forwarded to the acquisition of dollars for unprogrammed, Office of Army Law Enforcement (OALE) unfunded requirements. These requirements resource manager. are referred to as unfinanced requirements The MACOM PM must ensure an open (UFRs). UFRs may result from an channel of communication with the OALE unexpected need arising from a change in resource manager. And the MACOM PM policy, situation, or resource. Or UFRs may should provide a copy of the individual also result from an earlier reduction in UFRs to the OALE resource manager. funding. PMs identifying a UFR should During the programming, budgeting, and immediately contact the budget analyst for execution phase of PPBES, the OALE advice. PMs should provide the budget resource manager interfaces with MACOM analyst complete rationale and justification budget analysts. The OALE resource to support the UFR. A UFR will normally be manager translates PM requirements to reviewed by the program director and “budgetese.” This provides for a more appropriate staff elements for authorization, thorough understanding by the MACOM prioritization, and potential trade-offs. and higher level budget analysts who “edit” the UFRs and other documents. A UFR may be submitted for consideration anytime during the fiscal year. However, the Most important, the OALE resource most appropriate times are during three manager will speak for the MACOMPM when formal budget processes. First, the command opportunities arise allowing DA to provide operating budget (COB), developed midway extra funds to MACOMs. The suspense through the current year for the following two requirement to obtain the extra funds is

32 FM 19-10 THE MP LAW AND ORDER MISSION

normally very short—sometimes a matter of of other activity MACOM UFRs. The OALE hours. The short response time prohibits resource manager must be prepared at the coordination between the OALE resource time the opportunities arise for extra funds. manager and the MACOM PM. The OALE Keeping the OALE resource manager resource manager must be armed with the informed with dependable rationale and justification to present and defend the justification for UFRs is paramount in the MACOM PM's UFRs against the competition successful awarding of extra dollars.

FM 19-10 33

161-016 O-94-3 THE MP LAW AND ORDER MISSION DEVELOPING THE INSTALLATION COMMAND OPERATING BUDGET The systematic development of a COB is between the comptroller and the MADs and not a regulatory process that must be prepares the installation BMG. The PRAC- followed at the installation. But the use of recommended installation BMG is then such a procedure ensures a well-coordinated presented to the installation commander, operating budget that reflects the major normally in the form of an oral briefing. The mission director’s recommendations. It also commander then directs, changes, and/or reflects the installation commander’s approves the PRAC-recommended decisions on how the financial resources will installation BMG and returns it to the be used to accomplish the mission. comptroller for final copy and publication. The comptroller distributes the final The COB contains detailed costing of the installation BMG to the MADs. The MADs approved program as well as administrative then break out dollar guidance to the activity schedules to be used in support of the Army level and furnish operating activities with budget estimates. The COB addresses two BMG and funding targets. The activity chiefs fiscal years: The execution year and the prepare their portions of the installation budget year. The budget year data are used COB. An activity may comprise subactivities, primarily for reprogramming actions and the and the activity chief will further break out apportionment request to the Office of the funding targets. The MADs receive input Management and Budget. The biennial and applicable supporting schedules from program years are the two years following each activity chief. Each MAD reviews, the budget year. evaluates, and adjusts the activity portions. To develop the COB the comptroller The MAD then prepares a summary receives budget and manpower guidance schedule, UFR list, and decrement list. The (BMG) from the MACOM and distributes it to comptroller receives, reviews, evaluates, and the MADs. During the interim, the comp- prepares recommendations and/or troller reviews the BMG from the MACOM adjustments to the summary schedules, and develops a time-phased schedule for UFRs, and other supporting schedules. The completion of the COB. MADs review the comptroller then completes all schedules BMG, giving special attention to their area of required in the draft installation COB and responsibility. They prepare recommenda- assembles them for presentation to the tions to the MACOM BMG and forward these PRAC. The PRAC reviews the installation recommendations to the Comptroller, draft COB to ensure compliance with the Directorate of Resource Management. BMG from the MACOM, resolves any differences among the PRAC members, and The comptroller evaluates the recom- makes necessary adjustments. The chairman mendations, makes his own recommenda- of the PRAC presents the recommended tions, and coordinates with the MADs for installation draft COB to the installation development of their recommended dollar commander. The commander, after directing targets. The comptroller then prepares a draft any necessary changes, approves the installation BMG directive which includes installation COB, signs it, and returns it to dollar targets and distributes it to the MADs. the comptroller for transmittal to the Next, the PRAC resolves any differences MACOM.

34 FM 19-10 CHAPTER 4 Managing Military Police Information

Military police success in effecting law CONTENTS and order relies upon acquisition, processing, Page and application of certain essential information. Police information aids in crime UNDERSTANDING THE CRIMINAL prevention and criminal investigations. INTELLIGENCE CYCLE ...... 36 Police information supports the commander COLLECTING AND RELEASING in administering his unit or installation. INFORMATION ...... 37 Police information in the US Army is one of USING MILITARY POLICE MANAGEMENT the elements of command intelligence. INFORMATION SYSTEMS ...... 39 Offense Reporting System ...... 39 The primary purpose for gathering police Vehicle Registration System ...... 39 information is to support the commander or Correctional Reporting System ...... 39 PM and to support the enforcement elements DEVELOPING AND USING MP of MP units. The information system in law INFORMATION FILES...... 40 enforcement includes recording, reporting, Area Files ...... 40 evaluating, and managerial tasks associated Activity Files ...... 40 with MP reports, criminal investigations Individual Files ...... 41 reports, traffic accident reports, and armed USING OTHER INFORMATION SOURCES. . 42 forces traffic tickets. The information National Crime Information Center . . . . . 42 system can contribute in great measure to Crime Records Center ...... 42 selective enforcement. Federal Bureau of Investigation ...... 43 Drug Enforcement Administration ...... 43 In correctional administration, police information includes many of the recording and managerial tasks for confinement facilities, hospital prisoner wards, security elements, to include tactical rehabilitation training centers, and military forces. (See FM 19-30.) correctional facilities. MP develop and In preserving public order, police exchange police information and criminal information includes many of the recording intelligence with other police forces in their and managerial tasks associated with civil area of operations. Police information, disturbances, disorders, and natural including criminal intelligence, is obtained disasters. MP conducting the normal through daily contact with people, MP, and functions involved with occurrences of these other law enforcement and . types will develop and exchange police information with local police and security In physical security, police information agencies, national police forces, and military includes recording and managerial tasks forces involved. However, military agencies associated with security of individual rooms cannot be used for collecting, reporting, or buildings, structures, facilities, and processing, or storing civil disturbance installations. In conducting and monitoring information unless specific approval is physical security, MP will develop and obtained from Headquarters, Department of exchange police information with other the Army. FM 19-15 discusses intelligence police forces, private security agencies, operations in civil disturbance situations, industrial representatives, and other including the critical items of information,

FM 19-10 35 THE MP LAW AND ORDER MISSION sources of information, and collection by cording command and staff actions assoc- individuals. iated with stability operations. FM 100-20 discusses these operations and the MP In certain situations, such as countering support to such operations, including police terrorism, police information may go beyond intelligence. the field of law and order and extend into tactical and other types of intelligence. And Disciplinary control boards rely heavily on the information can include recording police information. In overseas areas, data command and staff activities associated with generated by well-directed police information planning, organizing, and executing MP area efforts can contribute greatly to political combat operation support. MP contribute to planning relevant to relations between the intelligence required by the area United States forces and the local population commander with particular respect to the or government. In CONUS, data generated threat situation. (See FM 90-14.) by police information-gathering operations can often be more valuable than pure military In operations against insurgent elements intelligence in planning local public the police information system includes re- relations. UNDERSTANDING THE CRIMINAL INTELLIGENCE CYCLE The criminal intelligence cycle is a con- are standard procedures and expedients, tinuous process. Planning ensures that improvisations made necessary by local intelligence collectors are provided a logical, conditions and resources, and the orderly system for conducting the collection employment of available specialized effort. Ideally, it ensures that all needed personnel and equipment. intelligence is collected in time to be of use and that all possible sources of intelligence If criminal intelligence is to be useful it are exploited by appropriate collection must be recorded and capable of being agencies. Planning includes establishment of rapidly retrieved when needed. Such records priority areas of interest, allocation of include journals, files, tapes, reports, maps, resources, and alternate means of photographs, and automatic data processing intelligence gathering. The establishing of files. priority areas of interest is normally required Evaluating criminal intelligence involves because of resource limitations. It is virtually determining the reliability of the source and impossible to collect all criminal intelligence the pertinence and accuracy of the in all areas of MP responsibility. Resources information. The determination of a source’s are directed to criminal intelligence reliability is dependent upon past experience considered most critical. Priorities are not with the source. Accuracy concerns the permanently fixed but may vary with the truthfulness of the information and the situation. likelihood that such information may be The need to exploit all sources of criminal true. The fact that a source may be intelligence requires resourceful, flexible, and completely reliable does not mean that all aggressive direction and coordination of the information from him is accurate. The intelligence collection effort. Commanders information must be evaluated in its relation and MP personnel involved in gathering to other information on hand and the criminal intelligence must be aware of the prevailing circumstances of its collection capabilities and limitations of all available (see FM 19-20). resources to make the best use of them. Criminal intelligence is analyzed Among the collection techniques employed singularly before being integrated with other

36 FM 19-10 THE MP LAW AND ORDER MISSION information. This affords an opportunity for Formally or informally many types of logic information to be viewed on its own merit. can be applied, as well as new methods of After analyzing information for its own statistical analysis, operations research, worth, it is then included with other data and systems analysis, and computer analysis. integrated with related information. This The timely distribution of available data is allows an examination of all available of vital importance to MP operations. information and presents the greatest Criminal intelligence is useless unless placed possibility of deriving criminal intelligence. where it can be used. Distribution is made at Analysis is conducted at all levels of MP the most advantageous time, by the most information activities. The best basis on rapid means available, considering the which to conduct analysis is experience. classification of the material.

COLLECTING AND RELEASING INFORMATION The collection and release of information It is a requirement of the Privacy Act that pertaining to US citizens is governed by law. people be informed of the purpose for The Freedom of Information Act allows obtaining information. Individuals are not citizens to obtain information and records required to disclose their social security that have been gathered on them by various numbers. However, the authority to obtain it governmental agencies. The Privacy Act for DA forms is contained in 10 USC 3012. If restricts the kind of information about an individual refuses to disclose his social citizens that government agencies can security number, it will be obtained from collect. For more information on records official personnel records. The law places administration and release of information, restrictions on transferring information see AR 190-45. concerning an individual to other agencies or AR 340-17 governs the procedures the organizations, particularly those outside the Army will follow when a freedom of federal government. In accordance with information request is received. Each status of forces agreements (SOFAs) or local installation has a Freedom of Information laws, transfer of investigatory information Act officer with whom coordination is may be allowed to local, state, and foreign made when acting on requests. Some police (see AR 340-21). Coordination with SJA MP/investigative records are exempt from is made concerning questions and problems disclosure. Denial of information can be involving this act and release of information made only by designated initial denial to other law enforcement agencies. authorities who are generally heads of the DA staff agencies. All records pertaining to juvenile offenders must be safeguarded from AR 340-21 governs the procedures the unauthorized disclosure. They are released Army will follow concerning the Privacy only on a need-to-know basis. They must be Act. AR 340-21 provides guidance on the maintained in a secure file in the juvenile various law enforcement information office or PM office, with very limited access. systems of USACIDC and the MP. Some See AR 190-45 for more information on how investigative and internal control records in to store juvenile records. the law enforcement field are exempt from disclosure. Some of these exempt records are During juvenile proceedings, information informant registers, accreditation files, on the juvenile and the circumstances of the reports of investigation, MP reports, and SIR offense may be furnished only to the court, files. Each record-release request must be counsel for the juvenile, the government, or handled on an individual basis. others entitled to review sealed records.

FM 19-10 37 THE MP LAW AND ORDER MISSION

Records may also be released to a treatment classified or libelous. The PM and MP unit facility to which a juvenile has been com- commanders must be familiar with mitted by the court if the director submits an ARs 360-5 and 360-61. inquiry in writing. And sometimes records may be released to an agency considering The PM, in coordination with the PAO, the subject for a position involving law uses all available public information media, enforcement work or affecting national such as television, radio, newspapers, and security. posters to— Introduce MP and their mission so there Records should give detailed listings of will be understanding and cooperation regulations the juveniles have violated. And between MP and the military and civilian they should include the disposition made by communities. civilian authorities. But permanent records of nonessential minor incidents or situations Explain enforcement plans, policies, resolved in conference with parents or the programs, and changes so members of the juvenile are not made. If the juvenile is military community know the law found innocent, the records are destroyed, enforcement programs and govern sealed by the court, or otherwise disposed of themselves accordingly. in accordance with local directives. Juvenile Explain pertinent provisions of records transmitted outside the MP station agreements entered into with local civil or PM office will be assigned protective police. markings as specified in AR 340-17. Explain the role that all members of the MP may, at times, come in contact with military community must play to prevent the news media. Establishing a cooperative crimes and offenses, and actions they are relationship with the news media can to take to assist MP if they become eliminate misunderstanding between the victims of crimes and offenses. military community and the news media. Publicize outstanding accomplishments MP do not release information to the news of MP and other members of the military media. If asked to give information, MP community in preventing crimes and decline. The requestor is referred to where offenses. the information may be obtained. A definitive policy as to what news is to be The sources of departmental information made available, through what channels, available to the press are strictly controlled, and under what circumstances it is to be standardized, and reduced to a minimum. released is established by the PM in When stories are misinterpreted, the coordination with the public affairs officer responsible reporter is contacted and the (PAO) of the installation. proper interpretation given. MP must be careful not to exaggerate occasional petty The PAO, like the PM, also is a staff criticisms that are printed in the papers, as officer of the commander. The PAO keeps long as general press relations impact the community informed about unit positively on the military community. In operations or developments that ma y impact this respect, MP must remember that the on the military community. The PAO also press is usually a good barometer of keeps the commander advised of community community opinion and wields a great opinion and the probable community influence upon it. Good press relations can reaction to impending operations and mean that favorable stories will be given developments. front page coverage and unfavorable stories The PAO may release to the press will be presented in a less damaging light, information concerning the post that is not consistent with the facts.

38 FM 19-10 THE MP LAW AND ORDER MISSION USING MILITARY POLICE MANAGEMENT INFORMATION SYSTEMS In an effort to standardize automated in- assistance on how to use the ORS, see the formation management throughout the MP Offense Reporting System Functional Users Corps, specific systems have been created for Manual. use Armywide. Under the umbrella Military VEHICLE REGISTRATION SYSTEM Police Management Information Systems (MPMIS), the ORS, the VRS, and the The VRS is a stand-alone system, indepen- Correctional Reporting System (CRS) dent of other MPMIS systems, that can support the law enforcement mission of the provide useful vehicle data to the MP and MP. Each system is designed to provide data unit commanders. It entirely automates the query and report capability in response to registration of vehicles authorized on any managerial or investigative requirements. installation. The necessity for the timely retrieval of vehicle information is OFFENSE REPORTING SYSTEM fundamental and can most efficiently and effectively be achieved through automation. The information used by the ORS is taken VRS complements the registration process from each DA Form 3975 (Military Police by meeting the increasing demands of law Report). Information is stored in the enforcement for timely information. computer until it is requested through a data Whether or not the actual registration query or in the form of a standard report. process is conducted by personnel assigned Automation of this information does not do away with the requirement to prepare and to the PM is not important. Information store hard copy MP reports and associated stored through VRS is equally valuable case documents. These documents must be through the process of data query and available for court or court-martial standard reports. proceedings. However, ORS provides rapid Reports are requested as required by the access to detailed information as well as MP. The types available include registration broad statistical analysis. by decal number, state license number, or personnel type. Additionally, VRS monitors Standard reports generated through ORS the status of driving privilege suspension may be requested and used as needed at the and revocation as well as validation of installation level, or they may be used to safety inspections, insurance, and post satisfy a regulatory requirement for decals. For assistance on how to use the standard information such as the law VRS, see the Vehicle Registration System enforcement and discipline report. Features Functional Users Manual. of ORS include computer-generated reports that identify crime by location, summarize CORRECTIONAL REPORTING all offenses by type, profile adjudication of SYSTEM persons apprehended by the MP, and The CRS assists in the management of the produce separate reports on any cases Army’s confinement facilities. Information involving juveniles. Additionally, ORS on each prisoner is taken from confinement monitors the status of all open MP reports orders, release orders, personal history referred to MPIs, USACIDC, traffic, or other documents, and other sources. This investigative agencies. It further recognizes information assists the correctional facility overdue suspenses for DA Form 4833 staff in monitoring the custody and control (Commander’s Report of Disciplinary or of all prisoners assigned. The data base is Administrative Action). ORS is beneficial in used to generate various types of daily, assisting MP in the identification of problem monthly, and quarterly reports as required areas or units on an installation. For by regulation. Reports provide information

FM 19-10 39 THE MP LAW AND ORDER MISSION on the status of the prisoner population. performed on the information in the data Reports make it possible for prisoner gains base. For assistance on how to use the CRS, and losses to be tracked. Reports also make it see the Correctional Reporting System Users possible for statistical analysis to be Manual.

DEVELOPING AND USING MP INFORMATION FILES

MP information files must contain as immediate apprehension, is reported by much information as possible, cover as patrol personnel. Usually a locally devised many years as possible, and be efficiently field interview card is used for this purpose. organized, consistent with the limitations It should contain spaces for complete imposed by AR 380-13. Information files are identification of the individual (and vehicle retained indefinitely. (To request modifica- if applicable), the time and place of the tion of the Army filing system and method of interview, the reason for the interview, and storage and retention, see AR 25-400-2.) the person’s stated reasons for being in the These files must be excluded from general area. Additional space can be provided for inspection or review by anyone other than any remarks of the MP and for his signature. designated persons except upon authori- Data compiled from field interview cards are zation from the commanding general or transferred to information cards filed in the installation commander. Cross-referencing of police information file. files is mandatory. Automatic data processing is used to the maximum extent AREA FILES possible. Area files include information on any The sensitive nature of these files must be definable geographic area that has activities understood by all persons concerned. Files of police interest. On a CONUS installation, contain offense charts, statistical it may include housing areas, supply and summaries, blotters, DA Forms 3975, and storage areas, and recreational or training information from MP and criminal areas. Off post, it may include bar, hotel, or investigations. These files also include pawn shop areas, or any area of potential rumor, supposition, conjecture, and gossip; civil disturbances. With only slight this information may be damaging to modifications, the same considerations otherwise innocent persons. These files may apply in overseas areas. In overseas areas also contain information on friends, where units or specific groups move into an relatives, or fellow MP. From contacts made area and more or less claim it as their own with other MP and MPIs and information area, files become very revealing and already contained in the files, MP can extremely important. In rear area protection pinpoint establishments, activities, friends, or in stability operations, areas of police interest may include those areas where and problems. populations are known to be unfriendly to MP patrols and their supervisors are alert the United States or allied forces, areas and observant for all items of interest. They suitable for guerrilla training or bases, and report such items fully and promptly. They areas that may provide potential sources of question the identities of persons supply and equipment for insurgent forces. encountered in unusual places at unusual times. They ask their reasons for being in ACTIVITY FILES those places at those times. And they may The activity files contain all information ask for other information as well. Interview of interest to the MP. The categories in this information, if it does not lead to an system vary, and the information is not

40 FM 19-10 THE MP LAW AND ORDER MISSION limited by the area of influence or by restrictions of AR 380-13 do not apply in the jurisdictional considerations. theater of operations. All activities that can pose a threat to military personnel, functions, or property INDIVIDUAL FILES are included in an activity file. Information concerning persons and organizations not Any individual identified as being of affiliated with the Department of Defense special significance to the MP, either may be acquired, reported, processed, and because of activities, leadership, contacts, or stored under the authority of AR 380-13 only even as a symbol of some nature, has a if in the judgment of the commander dossier within the restrictions of AR 380-13. concerned there is reasonable basis to This dossier is nothing more than a complete believe that one or more of the following has biography to include information on habits, or is likely to occur: income, friends, weaknesses, and personal history. The individual’s police record, Theft, damage, or sabotage of weapons, disciplinary record, and details of other ammunition, equipment, facilities, or contacts with law enforcement agencies are records belonging to DOD units or included. See AR 340-17 and AR 380-13 for installations. guidance regarding non-DOD-affiliated Compromise of classified defense personnel. information by unauthorized disclosure or espionage. INVESTIGATORY FILES Demonstrations occurring on or immediately adjacent to Active or Reserve Investigatory files compiled for enforcing Army installations which are of such size civil, criminal, or military law are considered or character that they are likely to exempt from mandatory release provisions interfere with the conduct of military of the 1974 Freedom of Information Act (5 USC 552). Information requests activities, as defined in AR 380-13. concerning data determined to be releasable Direct threats to DOD military or civilian by the PM and SJA are honored in personnel regarding their official duties or accordance with the provisions of AR 340-17. to other persons authorized protection by Requests for information from representa- DOD resources. tives of the press will be processed through Activities or demonstrations endangering the appropriate command information classified defense contract facilities or key officer. Information is not released to defense facilities. representatives of the press if it is likely to— Interfere with law enforcement Acts occurring on Active or Reserve Army proceedings. installations in violation of laws or Deprive an individual of fair and regulations. impartial justice. Subversion of loyaltv, discipline, or Invade the personal privacy of an morale of military and DOD civilian individual. personnel (18 USC 2387). Disclose nonroutine investigation A distinction must be recognized between techniques and procedures. the various restrictions governing the Disclose confidential investigative collection, storage, and dissemination of information and sources of information. information in a peacetime environment and Reveal information that might endanger the need to gather information in support of the lives or physical safety of law tactical operations. Normally, the enforcement personnel.

FM 19-10 41 THE MP LAW AND ORDER MISSION

USING OTHER INFORMATION SOURCES NATIONAL CRIME INFORMATION (DCSPER), is responsible for overall Army CENTER participation in the NCIC. In addition to The NCIC is a computerized information operating the Army’s central terminal in the system established by the Federal Bureau of NCIC system, it maintains liaison with the Investigation (FBI) as a service to all law FBI on NCIC matters. Currently, Army field enforcement agencies—local, state, and terminals in the NCIC are located at federal. The system operates by means of designated installations and the Military computers, data transmission over District of Washington. AR 190-27 specifies communication lines, terminal devices, and, procedural requirements for Army users of most important, people. Its objective is to the NCIC system. The FBI publishes a improve the effectiveness of law enforcement manual containing standards, procedures, through the efficient handling and exchange and instructions for NCIC participants. of documented civil and military police PMs maintain and update a copy of the information. NCIC operating manual and refer to this manual when questions arise concerning The NCIC makes centralized criminal proper procedures for using the NCIC. data rapidly available to law enforcement FM 19-20, AR 190-9, and AR 190-27 provide agencies. Patrol tactics and investigative further details concerning the NCIC. habits must be reviewed in light of this capability if the system is to attain optimum CRIME RECORDS CENTER use. The success of the system will depend on the extent to which patrols, supervisors, and The USACRC receives and maintains the investigators use it in daily operations. permanent files of USACIDC reports and investigations and designated MP reports. The US Army participates in the NCIC USACRC ensures retention of these records system in conjunction with other law and supplies data and copies of files or enforcement agencies. The system affords documents to agencies authorized to request the Army timely police information such information. USACRC also maintains regarding deserters; wanted persons; and liaison with other federal intelligence stolen, missing, and recovered automobiles, agencies as prescribed in AR 195-2. boats, securities, license plates, weapons, and other identifiable property. The function of the USACRC is to— The NCIC provides data on military Receive and file all USACIDC reports of absentees and deserters as provided in investigation. AR 190-9 and AR 190-27. Data are Receive and file MP reports acquired obtained from DD Form 553 (Test) under the provisions of AR 190-45. (Deserter/Absentee Wanted by the Armed Forces) forwarded by PMs to the USADIP at Operate and maintain criminal data Fort Benjamin Harrison, Indiana. The reference files. USADIP, staffed by MP and personnel Provide record checks, both emergency specialists, ensures that information and routine, for USACIDC elements, received is current and correct, and that it is other federal investigative agencies, and entered into the NCIC and disseminated to other authorized users. all appropriate law enforcement agencies. Develop specialized statistics and reports The Office of Army Law Enforcement, on crime within the Army as required by Deputy Chief of Staff for Personnel Headquarters, Department of the Army.

42 FM 19-10 THE MP LAW AND ORDER MISSION

Transmit, upon reqest, copies of violations, such as counterfeiting and USACIDC reports of investigation and internal revenue violations. The FBI MP reports to USACIDC elements, classifies and maintains fingerprint files on Department of the Army, federal all present and past federal employees investigative agencies, and other (including military personnel) and all authorized users. persons apprehended for the commission of serious crimes. The bureau also maintains The USACRC will, upon request of the NCIC. authorized users, conduct a search of available files for information on a The 1984 Memorandum of Understanding particular individual. File searches can be between the Department of Justice and the made as part of a crime survey check of Department of Defense relating to the employees at a particular establishment. investigation and prosecution of certain Such checks are considered routine. crimes (see AR 27-10) provides guidance on Requests for immediate record checks may investigative responsibility between the FBI be forwarded by telephone, telecopier, or and military criminal investigative teletypewriter. Telephonic format is organizations. contained in AR 195-2. Letter or message requests are addressed to Director, US Army DRUG ENFORCEMENT Crime Records Center, 2301 Chesapeake ADMINISTRATION Avenue, Baltimore, Maryland 21222. Requests contain, if available, the name, The Drug Enforcement Administration date of birth, place of birth, social security has prime responsibility for enforcing laws number, and military service number. and statutes relating to narcotic drugs, marihuana, depressants, stimulants, and hallucinogenic drugs. The agency will assist FEDERAL BUREAU OF federal, state, and local law enforcement INVESTIGATION agencies in the exchange of information and The FBI investigates all violations of training to control the use and trafficking of federal laws, with the exception of specified narcotics and other drugs.

FM 19-10 43 PART TWO LAW ENFORCEMENT OPERATIONS

Military police law enforcement operations are used on and off the battlefield to help help the commander keep his command ensure critical personnel, equipment, and combat ready and combat efficient. The supplies arrive where they are needed. enforcement of military laws, orders, and Sometimes the purposes for using the regulations is a function of command. measures differ. In a peacetime Commanders, by enforcing laws and environment, MP use physical security regulations, ensure order and discipline. measures to reduce the opportunity for Each commander is responsible for crime. In a theater of operations, the maintaining order and discipline in his unit. measures are used to protect critical facilities and supplies from the enemy. Yet the Leaders are the key to order and discipline. measures still suppress the opportunity for From on-the-spot corrections to referrals for crime. (Battlefield uses for traffic control and action under the Manual for Courts-Martial, physical security measures are discussed in leaders execute their responsibilities through FM 19-4 under Battlefield Circulation the chain of command. To assist the chain of Control and Area Security.) command, MP are empowered by division, corps, and echelons-above-corps command- It is, however, recognized that most MP ers to exercise control over soldiers who efforts that directly enforce laws and support violate military laws, orders, and regula- order are undertaken mainly in a peacetime tions. MP at all levels support the com- environment. These efforts include both mander in his responsibility for command proactive and reactive measures. MP and control by ensuring that his directives undertake and support preventive programs are complied with. to remove conditions promoting crime and to reduce opportunities allowing crime. MP Sometimes it is not in the commander’s enforcement efforts encourage voluntary best interest to employ MP assets compliance by all personnel with laws, specifically on law enforcement operations. orders, regulations, and directives of the Yet even then MP efforts continue to reduce commander. the opportunity for crime. All MP missions contribute to the preservation of law and Military law enforcement is best served by order. Law enforcement is an implied factor achieving the greatest compliance with rules in all MP operations. In the course of any with the least amount of punitive action. MP operation MP perform, MP operate in a accomplish much at potential trouble spots manner and with intent to encourage by encouraging law-abiding persons to support and to enforce the commander’s cooperate actively in helping fellow soldiers discipline and military law. act properly. Friends and buddies are encouraged to remove troublemakers from Even in a theater of operations when the the scene. And proprietors are encouraged to intensity of battle dictates the need to call MP when there may be disorders. But concentrate MP efforts on combat support when necessary, MP undertake active operations, the opportunity for crime is enforcement measures. MP take immediate nonetheless reduced as a result of MP action to halt crimes in progress, to missions. MP battlefield combat support apprehend perpetrators, and to aid victims. operations and peacetime law enforcement MP undertake enforcement measures that operations use many of the same measures. range from conducting raids and seizing Sometimes the purpose for using the illegal drugs to patrolling roadways and measures is the same. TCPs and checkpoints regulating traffic.

44 FM 19-10 CHAPTER 5 Having Authority and Jurisdiction

Military police carry out their law CONTENTS enforcement operations with strict regard for Page the needs of the Army and the safety of the EXERCISING AUTHORITY AND military community. At the same time, MP JURISDICTION ...... 45 maintain a strict regard for the rights of the Authority ...... 45 individuals making up that military com- Authority Over Persons Subject munity. Just as MP undertake their law to UCMJ ...... 46 enforcement operations in the military com- Authority Over Persons not Subject to UCMJ ...... 46 munity to protect and preserve the life of the Posse Comitatus ...... 47 community, they also protect and preserve the legal rights of members of the military Jurisdiction...... 47 Military Jurisdiction ...... 48 community. In so doing, MP carry out the Civil Jurisdiction ...... 49 Army policy of equality before the law. PROTECTING LEGAL RIGHTS ...... 49 Rights Warning ...... 49 EXERCISING AUTHORITY Temporary Detention ...... 53 AND JURISDICTION All military personnel performing police military commander which must be based work operate within their jurisdiction and upon federal law. authority. Jurisdiction and authority are not the same. MP may have the authority to The authority of MP in a friendly foreign apprehend a suspect, but the military nation or territory may be, and in most cases may not have jurisdiction to try the suspect. is, different from MP authority in the US. Authority is the lawful right of designated This difference arises from the law of the persons or agencies to exercise governmental country concerned (except as otherwise power or control. Military jurisdiction is the provided by agreement) being applicable to extent of and limitation on the right of an all persons, including MP in that country. armed force to exercise authority and control Consequently, in the absence of an over persons and offenses. international agreement to the contrary, US troops in a friendly foreign nation are subject AUTHORITY to the UCMJ and the laws of the nation in which stationed. The authority of MP to enforce military law, orders, and regulations, by appre- An agreement to resolve jurisdictional hension if necessary, is derived primarily conflicts is the status of forces agreement. from the President of the United States as Basically, the SOFA authorizes one Commander in Chief of the armed forces. MP government to take action in cases where must familiarize themselves with the both governments could take action. A contents of the articles of the UCMJ if they formula decides which government will act in are to perform their duties effectively. a particular case. The North Atlantic Treaty National Guard and Army Reserve MP Organization (NATO) SOFA was the first usually exercise no authority overactive duty significant agreement negotiated and has military unless they are themselves subject to become the model for most later agreements. the UCMJ. In a domestic territory under For example, during joint NATO operations martial rule, the authority of the MP over US Army MP can be tasked to be a part of a persons other than those subject to the UCMJ NATO combined MP detachment (see NATO is derived from policies and orders of the Standardization Agreement [STANAG] 2085).

FM 19-10 45 LAW ENFORCEMENT OPERATIONS

Authority Over Persons Subject to apprehended and detained long enough to UCMJ be turned over to civil authorities. MP have authority to take appropriate Civilians not subject to the UCMJ also action with persons subject to the UCMJ. may be apprehended for violation of This authority is not limited to military properly promulgated post regulations. reservations or federal property. All active These persons then may be escorted to the duty military personnel are subject to the entrance of the post and may be forbidden provisions of the UCMJ. It also pertains to reentry by the installation commander. some retired members and other personnel enumerated in Article 2, UCMJ. Civilians not subject to the UCMJ may be cited for violations of the Assimilative The UCMJ, as established by Congress, Crimes Act not amounting to felonies or provides one basic code of military justice breaches of the peace (such as fishing and law for all services. The code authorizes without a valid permit) and referred to a the President of the United States to set rules US magistrate. of evidence; pretrial, trial, and posttrial Civilians not subject to the UCMJ may be procedures; and maximum punishments for subject to military authority in situations violations of the UCMJ. Under this involving or hostilities. authority, the President has issued the MCM. The MCM is a primary source document for Thus, commanders and MP have authority matters relating to military justice. It is an to apprehend civilians in many circum- executive order implementing the provisions stances; they may also detain civilians for a of the UCMJ. It establishes the military law reasonable period of time in order to effect of evidence. their arrest by civilian law enforcement authorities. The local SJA is consulted Ordinarily in the US, MP have the same regarding the applicable rules. AR 600-40 authority to apprehend friendly foreign provides general guidance regarding military personnel as they have to apprehend apprehension and restraint of persons not civilians. On post this authority arises from subject to military law. the installation commander’s inherent authority to maintain order on the Commanders have the authority to eject installation. However, after authorization by trespassers on the installation and to enforce the President and upon request of the the ejection of any person previously barred commanding officer of a friendly foreign from entry. This authority comes from 18 force having service courts in this country, USC 1382, which provides that “whoever, MP may apprehend a designated member of within the jurisdiction of the United States, the friendly foreign force and deliver him to goes upon any military, naval, or Coast US military authorities for delivery to the Guard reservation, post, fort, arsenal, yard, requesting force. station, or installation, for any purpose prohibited by law or lawful regulation; or Authority Over Persons Not Subject to whoever reenters or is found within any such UCMJ reservation, post, fort, arsenal, yard, station, or installation, after having been removed In areas under military jurisdiction or therefrom or ordered not to enter by the control, MP in some cases may take persons officer in command or charge thereof, shall be into custody whether or not they are in the fined not more than $500 or imprisoned not military services: more than six months or both.” Persons not subject to the UCMJ who are found committing a felony or a The US Magistrate System provides the misdemeanor amounting to a breach of the Department of the Army with a means of peace on a military reservation may be processing and disposing of certain minor

46 FM 19-10 LAW ENFORCEMENT OPERATIONS

offenses and traffic violations. A minor Thus, it does not prohibit the use of Army offense is defined as one in which punish- experts in deactivating and ment would not exceed for one destroying explosives found in civilian year, a fine of not more than $1,000, or both. communities. Nor does it prohibit Army DD Form 1805 (United States District Court medical personnel from rendering medical Violation Notice) will be used to refer minor care to persons injured in a natural disaster. offenses to the US Magistrate Court. Further, this law does not prohibit an individual member of the Army from If a case is referred to magistrate court, the making a citizen’s arrest for a felony or individual is given the option of either paying breach of the peace committed in his a fine or appearing before the court to contest presence. The act does not prohibit the charges. For only the most serious development and maintenance of effective offenses is a court appearance mandatory. working relationships between MP and their The court frequently sits on the military civilian counterparts nor the loan to civilian installation. An advantage to such a system is the prompt and expeditious disposition of authorities of certain types of equipment. minor offenses without resort to a federal But the law does prohibit concerted use, district court. under orders, of units or individuals of the Army to execute the law. The Posse Posse Comitatus Comitatus Act does not prohibit investiga- tion of offenses committed by civilians if MP authority does not extend to civilians there is an Army interest. The SJA should be outside areas under military jurisdiction or consulted on a case-by-case basis to control. The military cannot be used to help determine whether or not there is an Army execute civilian law. The Posse Comitatus interest and the measures to be taken during Act provides that whoever, except in cases the investigation. and under circumstances expressly authorized by the or by act of The does not apply Congress, willfully uses any part of the Army when a state activates its National Guard in to execute civil law shall be fined not more accordance with state law. Such a force can than $10,000 or imprisoned not more than be used to enforce the laws of the state. two years or both. This act applies to However, if the National Guard is called into enforcement of federal, state, county, or local federal service, the Posse Comitatus Act law. And a related statute makes it an offense applies. to have military personnel at a place where elections are being held, except when such JURISDICTION force is necessary to repel armed enemies of the US (18 USC 592 and 593). Jurisdiction limits the exercise of authority. The jurisdiction of every offense Military forces acting in civil disturbances or incident depends upon the status of the under the provisions of 10 USC 331-333 are suspect, international agreements and not in violation of the Posse Comitatus Act. treaties, the “service connection” of the Nor does this prohibition extend to offense, and other factors. The SJA is employing federal military forces to protect always consulted where questions exist federal functions and property or to acting in about jurisdiction. an emergency. Acts having a primary military purpose and only incidentally The term “exclusive jurisdiction” refers to enforcing civilian law are not prohibited. the power granted to Congress by the United States Constitution to exercise legislative Note that the Posse Comitatus Act does authority. It also applies to similar power not prohibit military assistance to protect acquired by the US through cession by a public safety as opposed to law enforcement. state, or by a reservation made by the US

FM 19-10 47 LAW ENFORCEMENT OPERATIONS upon the admission of the state into the an area in a state but has not obtained Union. In the exercise of exclusive jurisdiction. Where the federal government jurisdiction, the federal government has no legislative jurisdiction over its land, assumes sole jurisdiction over the it holds such land in a proprietorial interest designated area. For example, many only and has the same rights as any other military installations have exclusive federal landowner. In addition, there exists a right jurisdiction. The federal government then of the federal government to perform the exercises its executive, legislative, and functions delegated to it by the Constitution judicial authority over that area and the without interference from any source. It may personnel within it. To avoid the difficult resist—by exercising its legislative or task of enacting and maintaining a code of executive authority, or through court criminal laws appropriate for all areas under proceedings—any attempted interference by its legislative jurisdiction, Congress passed a state instrumentality of its exercise of 18 USC 13, commonly referred to as the constitutional responsibilities. Congress Assimilative Crimes Act. In this statute, also has authority to enact laws for the Congress provided that all acts or omissions protection of US property. Subject to these occurring in an area under federal conditions, when the US acquires only a jurisdiction, which would constitute crimes if proprietorial interest, the state retains all the the area were under the state jurisdiction, jurisdiction over the area it would have if a will constitute similar crimes, similarly private individual rather than the US owned punishable, under federal law. This act does the land. The Assimilative Crimes Act does not assimilate crimes based on state statutes not apply to areas of federal proprietorial that are contrary to federal policy and law, jurisdiction. In such areas, MP exercise such as civil rights legislation, nor does it authority in compliance with the assimilate state law if there is an existing instructions of the appropriate commander. federal statute or law on the subject. Concurrent jurisdiction exists when the Military Jurisdiction US is granted authority that would Military jurisdiction is exercised through otherwise amount to exclusive legislative the application of military law, the law of jurisdiction over an area, but the state in war, military government, martial law, and which the area is located retains the right to military orders and regulations – simultaneously exercise its authority along with that of the federal government. It is an Military law regulates the entire military area of dual jurisdiction. Under concurrent establishment of the US. jurisdiction, state criminal laws are Law of war is that segment of treaty and applicable in the area and can be enforced by customary international law applicable to the state. The same laws can be enforced by warfare. the federal government under the Military government is the administra- Assimilative Crimes Act, which is applicable tion by which an occupying power to areas under concurrent as well as exercises executive, legislative, and exclusive jurisdiction of the US. Federal judicial authority over occupied territory. criminal laws also apply. Many crimes fall Martial law or martial rule is the under both federal and state sanction, and temporary exercise of control over either the federal or state government, or domestic territory by a military both, may take jurisdiction over a given commander as authorized by the offense. President. Proprietorial interest applies to instances Military orders and regulations are used in which the federal government has in a military organization for its internal acquired some right or title of ownership to direction.

48 FM 19-10 LAW ENFORCEMENT OPERATIONS

Military jurisdiction extends to military enforced by state, county, and local personnel whether or not they are in an area governments and their regulatory agencies. under military control. The military has For example, traffic regulations, liquor laws, exclusive jurisdiction to try persons subject and closing hours are usually set by local to the UCMJ for offenses purely military in law. Some penal laws pertain to specific nature, such as unauthorized absences. The matters or areas within the civil jurisdiction Supreme Court has abandoned the of the federal government. Such federal law, requirement of showing a “service like regulations and counterfeiting connection” for off-post offenses before a laws, is enforced by federal agencies. service member can be tried. A service member may now be tried in a court-martial Under international law, a friendly foreign regardless of any service connection. It is power normally has primary jurisdiction to Army policy that a service member will not prosecute nonmilitary offenses committed ordinarily be prosecuted under civil within its borders by members of a visiting jurisdiction and later under military force. This power may be further defined or jurisdiction for the same offense. The surrendered to military authorities through military rarely has jurisdiction to try SOFAs and other treaties or agreements civilians. depending upon the nature and circum- stances of the offense. This limitation to prosecute does not prohibit commanders Civil Jurisdiction from taking administrative action against Civil jurisdiction is exercised through the suspects. Guidance on the exercise of application of state and federal law. Under military jurisdiction subsequent to action by the Constitution the states retain the right to civilian authorities is found in AR 27-10. regulate conduct of persons within their When doubt exists on jurisdiction over a boundaries. Penal laws, which declare particular individual or offense, consult the certain acts to be unlawful, are defined and SJA.

PROTECTING LEGAL RIGHTS An MP can make contact with a person in Amendment. This is a proper activity of a any place the MP is lawfully situated. commander or MP. Every contact between Examples of lawful contacts include the police and a citizen is not a detention, questioning of witnesses to a crime and and does not demand a basis for the contact. warning a pedestrian that he is entering a Many contacts between MP (and commanders) dangerous area. These types of contacts are and other persons are not based on suspicion of reasonable, permissible, and within the criminal activity. However, some contacts may normal activities of MP and commanders. result in finding evidence of a crime. They are not detentions in any sense. MP may inspect or walk through barracks or the Contacts between MP and others may unit area. MP may be any place where occur without thought of criminal activities. consent has been given by a person who has MP assist disabled people, untangle con- the power to give consent. They may be any gested traffic, and escort intoxicated persons place with the consent or authorization of a to shelter. MP perform other helping commander, or any place where they are activities as required. present to effect a lawful apprehension. RIGHTS WARNING An MP may make a contact when the The law requires that a military member person is not subject to the Fourth who questions a military or civilian suspect

FM 19-10 49

161-016 O-94-4 LAW ENFORCEMENT OPERATIONS or accused must be exercising some form of On many occasions, an individual may police or disciplinary power before he is approach an MP, a commander, or a required to read the person his rights. If an noncommissioned officer and furnish in- apprehending MP considers it important to formation concerning criminal activities. question a suspect while in the field, the Listening never requires a warning. MP must advise the suspect of his rights. However, any time the listener wants to Any individual can be read rights before interrupt the person giving the statement even the most innocent questioning. and clarify some information, questioning However, a commander or MP who is does take place and a warning is required. questioning a suspect is performing a disciplinary role and has to read the person A warning is not needed before question- his or her rights. When in doubt, read the ing a person who is merely a witness to a rights. crime. Nor is it needed to question someone who may know something about a crime but When a law enforcement official or who is not a suspect. For example, asking a commander intends to question an accused witness to a crime which way the perpetrator or suspect of an offense and knows, or went requires no warning. Nor would asking reasonably knows, that counsel either has someone to show his identification card if been appointed for or retained by the the identification card is not suspected to be accused or suspect with respect to that evidence. offense, the counsel must be notified of the The warning is repeated any time there is intended interrogation and given a a significant delay in questioning. If reasonable time in which to attend before the questioning a person who after waiving his interrogation may proceed. A suspect or rights and agreeing to answer questions has accused who is intoxicated or who is been released for the night, the next day that suffering from a serious injury or illness person must be rewarned of his rights. But if should not be interrogated. Nor should a the person is released for lunch or is released suspect or accused be interrogated who is to go back to the unit to get some clothing, a hysterical or emotionally upset. In these new warning is not required. And if it is cases the court may rule that the suspect known that an accused or a suspect has been could not give an intelligent, knowing warned by another officer and has chosen to waiver of his rights. During an interrogation waive his rights, there is no need to give the questioner will not attempt to persuade, another warning when there is no trick, or threaten the suspect or accused into significant delay in questioning. The waiving his rights. The suspect or accused warning also is repeated to a suspect if he will make his own decisions. The questioner indicates that he did not understand the first will not subject the suspect or accused to warning or that he might want to change his prolonged questioning without a break. The mind about answering questions. questioner will not threaten the suspect or If a suspect remains silent after he has accused into confessing and will not been given the required warnings and has physically abuse the suspect or accused. been asked if he wants a lawyer and is A suspect or an accused must be warned willing to make a statement, he is not whenever answers are wanted to questions. questioned further. However, if the person If a person will be asked to perform an act merely indicates that he will not sign a that might be the equivalent of speech, such waiver form but is willing to waive his as pointing to a coat worn on a specific date, rights, the questioning can continue. When a the rights must be read. It is not necessary person waives his rights but objects to note for the warning to be given before taking by the questioner, the questioning conducting a lawful search of the suspect. can continue; but the note taking stops for But if any doubt exists, the rights are read. practical reasons.

50 FM 19-10 LAW ENFORCEMENT OPERATIONS

If the accused or suspect first agrees to Witnesses to the lineup are not allowed to answer questions and then says that he does make an identification in the presence of not want to talk or say anything more, the one another. questioning stops. If the accused or suspect The suspect or his counsel is allowed to answers some questions, then stops and determine the suspect’s position in the requests a lawyer, the questioner must stop lineup. The suspect is allowed to change asking questions until a lawyer has been his position after each viewing. provided or the accused or suspect initiates further questioning. When individuals in the lineup are required to try on clothing or to perform When a lineup will be used, the suspect other acts, all individuals perform these must be warned of his lineup rights and his acts, not just the suspect. right to counsel. If a suspect is under any The suspect’s counsel may request certain form of pretrial restraint, or if charges have changes in the lineup procedures; been preferred against him, then before however, he has no right to dictate how placing him in a lineup at the MP station, police will conduct the lineup. See FM 19-20 the MP must warn the suspect of his right to for more information on lineups. counsel. The warning must be given by using the “Although you do not have a right to warning shown on the back of DA Form 3881 refuse to appear in a lineup, you have (Rights Warning Procedure/Waiver the right to have a lawyer present when Certificate). A service member’s rights under the witnesses to the crime view the the self-incrimination clause and Article 31 lineup. If you wish, a military lawyer will ensure that he cannot be forced to answer any incriminating questions or to make any be appointed for you to represent you incriminating physical acts equivalent to free of charge.” speech (for example, soldiers cannot be ordered to point out the clothes that were To ensure the pretrial lineup is not worn at the time of a rape offense). The suggestive, the following steps are taken: taking of such evidence is considered to be There are at least four fillers in the lineup. requesting a statement within the meaning of Article 31. MP are not to be used as fillers in lineups. Additionally, fillers in a lineup are not Correct use of DA Form 3881 requires the informed of who the suspect is otherwise narrative warning on the reverse of the form nonverbal communication by them may be read verbatim to the suspect. (See FM 19-20 be communicated to the witness. Fillers in for a detailed discussion for issuing rights the lineup resemble the suspect. When the warnings.) Warning the individual of his characteristics of the suspect cannot be rights means more than just reading the matched, it may be better to use some sort warning found on the back of DA Form 3881. of photographic identification. To waive his rights, the suspect must show some understanding which ordinarily will The person conducting the lineup is not to require, after each warning, an answer on be involved with the specific the suspect’s part that proves his investigation. The person is not to make understanding. The individual must state, any suggestions because they may first, that he is willing to make a statement, adversely affect the integrity of the lineup. and second, that he does not wish to have an Witnesses must be separated before and attorney present nor to consult with an after any identification of the suspect. attorney before questioning can continue. One witness may have an unfavorable The suspect is then asked to execute the influence on another. waiver portion of the form documenting his

FM 19-10 51 LAW ENFORCEMENT OPERATIONS

desires concerning questioning. If the form (waiver block) and the investigator suspect agrees to answer questions but signs the form where indicated. The suspect refuses to sign the waiver portion of is asked to initial the investigator’s state- DA Form 3881, the heading blocks of the ment, but initials are not essential. Guidance form and the rights portion are completed as for preparing DA Form 3881 can be found in usual. The investigator then prepares a FM 19-20. When a suspect consents to statement for the waiver block of the form. questioning, the statement is recorded on The statement must state that the suspect DA Form 2823 (Sworn Statement). When understands his rights, does not want a questioning is completed, a DA Form 3975 is lawyer, wants to discuss the offense under filled out and the required entries made on investigation, but refuses to sign the waiver DA Form 3997 and DA Form 3998 (Military certificate. The statement is added to the Police Desk Reference).

52 FM 19-10 LAW ENFORCEMENT OPERATIONS

The individual requesting a statement or The youth must be kept entirely away from conducting the interrogation will probably operational activities of the MP station. The do so in the English language. If there area where juveniles are detained must be appears to be a language barrier, the comfortable, private, and out of public view. interrogator must ensure that the individual Unless there is another suitable area, the is aware of his rights in his native language, PM’s office may have to be used. Since The understanding of the rights also comes juveniles are not subject to the UCMJ, the into play when an individual is grossly detainment of juveniles in correctional intoxicated. Such an individual cannot custody, detention cells, or hospital prisoner make a voluntary waiver. wards is forbidden. A detention cell may be used for juveniles when there is a threat to the community, the juveniles, or MP TEMPORARY DETENTION involved and authority has been obtained Detention is temporary. It is not used for from the installation commander through purposes of confinement. Persons are legal channels. (See Chapters 6 and 10 for detained only when military necessity, the more information on juveniles.) safety of the individual, or the safety of Facilities for temporary detention of others makes it necessary. adults apprehended by MP are located Juveniles are detained only if all or some within the MP station. These facilities are of the following conditions are met: close enough to the desk for continuous The detainment is authorized by the observation. They are sufficiently removed installation commander. so normal operations will not be hindered. These facilities must not be open to casual The juvenile is suspected of a serious view by visitors. If the cell location does not criminal offense requiring the exercise of permit desk personnel to maintain jurisdiction by civilian law enforcement observation when occupied, a guard or an authorities. MP must be posted. Closed circuit television The parents or other suitable relatives are can be used as an alternative method of not available to take custody of the observation. In detaining females, female offender at the time of apprehension. MP must be present for security and observation purposes. Male and female The detainment is for the purpose of detainees are not placed in the same cell. transferring custody of the juvenile, at the earliest possible time, either to the child’s Detention of suspects requires a blotter parent or to the appropriate state or entry that shows who ordered the detention, federal agency having jurisdiction. the reason, the time detention began, and the time of release. Detainees are furnished If a juvenile must be detained until the normal amounts of food and water. Bedding appropriate juvenile authorities are is provided if detained more than 12 hours. contacted, the MP will then notify the Normally, detention does not exceed 24 military sponsor’s unit commander. In cases hours. However, the installation commander where the juvenile has no military sponsor, may extend the period to 72 hours. Use of the MP will follow the directions given by showers and latrine facilities for women is the juvenile authority. Because of special determined by individual PMs per AR 190-38 protections accorded juveniles under many and available facilities. state statutes, MP may not obtain If the decision is made by the PM or fingerprints or photographs of a juvenile responsible MP supervisor to place a without written consent of the juvenile suspect in detention, a thorough search judge. Nor may names or pictures of the must be made. Personnel performing the juvenile be released to the public. search and those acting as witnesses must

FM 19-10 53 LAW ENFORCEMENT OPERATIONS be of the same sex as the offender being includes suspicions or allegations of searched. After the search has been offenses. The suspicion or allegation is conducted, the offender is then placed in a described in the report, whether or not it is cell. Money, other valuables, and personal derogatory to the person detained. Entries property (other than individual clothing and are made on the MP blotter on all temporary wedding rings) are taken from the offender, detentions. inventoried in his presence, and secured. Persons who are under the influence of Items of clothing that could be used to inflict drugs, injured, or ill must be examined by a bodily injury are taken from the suspect if medical officer before or immediately after deemed necessary by the responsible MP being placed in detention. A blotter entry is supervisor. The suspect is given a receipt, made indicating time, diagnosis, disposition, DA Form 4137 (Evidence/Property Custody and the name, rank, and organization of the Document), for all items taken. The reason medical officer or physician’s assistant. for and degree of any use of force required is Minor injuries requiring simple first aid, also recorded in either the desk blotter or the such as cuts and abrasions, are treated by DA Form 1594. MP unless the suspect specifically requests a medical officer. Written certification must A DA Form 3975, DA Form 3998, and be filed by the medical officer concerning the DA Form 4137 must be prepared on any person’s health if an examination is detention involving an offense. This required.

54 FM 19-10 CHAPTER 6 Undertaking Preventive Programs

Military police law enforcement CONTENTS programs support command strength, Page readiness, and well-being. And they help assist and protect the military community. CRIME PREVENTION ...... 55 Providing Physical Security ...... 57 Most MP programs are proactive. Controlling Vice Activities ...... 58 Preventing crime by suppressing the Prostitution and Gambling ...... 59 opportunity for it is at the base of all law Alcohol and Drug Abuse ...... 60 enforcement planning. MP programs are Preventing Juvenile Delinquency...... 62 diverse. Major programs are directed toward Diagnostic Interview ...... 62 supporting military law enforcement needs. Police and School Liaisons...... 63 But a number of efforts like customs Juvenile Council ...... 64 information services and wildlife conser- Controlling Traffic ...... 64 vation are equally supportive of civilian law Installation Traffic Control...... 65 enforcement needs. And often the liaison Traffic Offenses ...... 66 and interaction between MP and the civilian ABSENTEE/DESERTER PROGRAM ...... 70 community that makes a program effective WILDLIFE LAW ENFORCEMENT PROGRAM 70 is, in itself, proactive for law and order. MP CUSTOMS INFORMATION SERVICES ..70 DISASTER RELIEF AND AREA CRIME PREVENTION DAMAGE CONTROL ...... 72 Crime prevention is a primary goal for all their effectiveness, modifying measures, and Army law enforcement elements. Strong developing further information. During the installation physical security programs and planning step of the crime prevention vice control programs support installation program development, the PM must crime prevention programs. The DA crime generate sufficient, accurate, and up-to-date prevention program goal is to provide a information with which to organize a viable secure environment for service members and prevention plan. A series of priorities must their families, government employees, and be established to determine where MP assets the general public. Crime prevention is a are needed. command responsibility having a con- tinuing command emphasis. One of the principal means for developing information on the extent of a criminal Crime prevention employs proactive threat is the use of a crime prevention measures aimed at protecting persons and This is an examination of all their property and the property of the federal survey. government. Basic policies of crime physical and geographical features within prevention are presented in AR 190-31. Use and adjacent to military facilities in order to of specific preventive techniques is made determine any conditions that may ease or after a careful review of a problem and its encourage criminal acts that will be causative factors. Concern is focused on the detrimental to the command. This thorough, complete, and continuing report includes the number and types of crimes being committed composition of both military and civilian and where crimes are being committed. populations, a review of the state of order Crime prevention is an ongoing process of and discipline in the command, and a study planning, implementing measures, evaluating of any physical features of the military site.

FM 19-10 55 LAW ENFORCEMENT OPERATIONS

It becomes the principal guide for high visibility of uniformed patrols usually determining the personnel, equipment, and results in a decrease in crime rates. direction of the crime prevention program. Military peculiar offenses, such as disrespect Evaluation is made as a result of analysis and disobedience to orders, are command and review developed through statistical concerns and must be prevented by the unit data on the effectiveness of the command commander. Installation crime prevention program. Based upon the analysis and any efforts focus on preventing the more violent change of priorities by the commander, the crimes, such as murder, rape, and assault, by initial program is altered to become more active enforcement and patrolling activities. effective. The cycle then begins again. In a mature theater of operations crime The PM, as the chief law enforcement prevention program, the major effort of the official of the command, has primary staff PM is toward detecting organized criminal responsibility for crime prevention. His behavior that threatens the command as a efforts are supported by staff members, whole. These areas include organized vice subordinate commanders. members of activities, wholesale pilferage of arriving governmental and law enforcement agencies supplies, black-market operations, currency within the civilian community, and other manipulation, organized deserter bands, and agencies. The installation crime prevention narcotics activities. Such areas are a council meets to review findings of physical command-wide concern and require security and crime prevention inspections command-wide participation in their sup- and corrective actions taken. They also pression and prevention. review the financial impact of installation crime and preventive measures. They The crime prevention plan is placed into address crime trends and conditions action; orders, plans, and operational conducive to crime. And they discuss the procedures are published. Education effectiveness of existing crime prevention programs are implemented to alert members programs. The council looks for ways to of the command to any criminal threat that increase the usefulness of the program. The exists. Organized task forces may be council is chaired by a member of the employed to aggressively move against installation command element. The PM or those criminal threats considered by the security officer serves as the coordinator. commander to be the most threatening to The council includes delegates from the in- good order and discipline within the stallation staff, major unit commanders, and command. delegates from tenant or attached units. Most often when crime does occur, the A crime prevention officer, appointed in Crime Prevention Branch, augmented by writing by the installation commander, MP investigators, conducts a crime analysis manages the installation crime prevention to identify problem areas. The areas are then program (AR 190-31). MP with extensive targeted by crime prevention and MPI experience in physical security or MP personnel in a manner which makes investigators are normally assigned as apprehension highly possible. This permits crime prevention specialists. Unit crime the uniformed patrol to remain in their prevention officers (E6 or above) are patrol area, deterring crime through designated in writing at all levels of maximum visibility. command. Unit crime prevention officers— The system may require additional Conduct announced or unannounced personnel to be assigned to the Crime crime prevention inspections of unit Prevention and/or MP Investigation areas. sections based on an increased role in Ensure electro-stylus etching markers are targeting high crime areas. However, the available to the military community for

56 FM 19-10 LAW ENFORCEMENT OPERATIONS

marking government and personal council’s consideration, inspecting the property. implementation of council-mandated Develop crime prevention themes for measures, and coordinating the efforts of installation and local command unit/activity crime prevention officers in information programs. implementing the installation crime prevention program. For a state-of-the-art Crime prevention personnel support the discussion of crime analysis, crime installation council by performing crime countermeasures, and community crime pre- data analysis, drafting programs for the vention programs, see DA Pamphlet 190-31.

PROVIDING PHYSICAL SECURITY vulnerable activities within a command. An effective physical security program This includes reserve centers and Reserve supports installation crime prevention. A Officers’ Training Corps (ROTC) activities strong physical security program helps that a command supports. The results of identify, reduce, eliminate, or neutralize physical security inspections are reported on conditions favorable to criminal activity. DA Form 2806- 1-R (Physical Security Physical security inspections and surveys Inspection Report). Physical security are conducted as a part of the overall surveys are reported on DA Form 2806-R program. Physical security inspections and (Physical Security Survey Report). (See surveys reduce the opportunity, and desire, AR 190-13.) Activities examined may be for engaging in criminal acts. Physical internal (such as cash flow procedures) or security inspections and surveys are made external (such as lighting intensity or door on designated mission-essential or security).

FM 19-10 57 LAW ENFORCEMENT OPERATIONS

Physical security inspectors are selected with recommended actions to the com- by the PM, security officer, or installation mander. Upon receipt of the commander’s commander. Inspectors must hold military decision, a written report is provided to the occupational specialty (MOS) 95B and meet responsible office for action and reply. If the qualifications listed in AR 190-13. extensive time is needed for the corrective Civilian inspectors must meet Office of action, target dates for completion are Personnel Management qualification established and reported in the reply. standards. (These standards can be found in the local civilian personnel office.) Qualified Follow-up inspections should be made of physical security inspectors are issued the facility, activity, or area inspected after DA Form 4261 and DA Form 4261-1 (Physical a lapse of not more than three months. This will show if recommendations have been Security Inspector Identification Card). carried out. It will also show if major Before conducting inspections the inspec- changes in mission or personnel may make tors must know the function or mission of further study and evaluation necessary. the area, facility, or activity being inspected. Specific guidance in establishing and They must be familiar with the regulations maintaining a practical, economical, and and directives required for the operation of effective physical security program is the activity. They should know of offenses or contained in AR 190-13. For activities that incidents that have occurred in the past. may require surveys and inspections, see They review prior surveys or inspections FM 19-30, AR 195-2, and AR 190-13. conducted and who conducted them. They also note deficiencies found and if any CONTROLLING VICE ACTIVITIES personnel changes have occurred. An effective vice control program helps Inspectors check to see if adequate ensure a command’s strength, readiness, security safeguards are provided. They note and well-being. Vice activities have adverse practices or conditions that contribute to the effects on the health, welfare, and morale of commission of crimes. They look for changes a command. Prostitution, gambling, nar- or additions required. That is, they see what cotics, and other types of vice can lower the personnel, regulations or directives, pro- command’s readiness or contribute to cedures, or equipment is needed to satisfy criminal incidents. MP suppression of vice security requirements. And they note the helps the commander maintain discipline actions needed by the commander, PM, or and order. other staff officers to provide required On post, the control of vice is a PM security. responsibility. Off post, the control of such After inspecting, the inspector makes a activities rests in the hands of the civil thorough analysis of findings. He or she authorities. But MP may assist in the weighs deficient measures, factors, or prevention of offenses outside a military conditions against existing standards and installation by enforcing off-limits requirements. The inspector balances regulations. And they can warn military manpower and financial costs of personnel to avoid known trouble spots and recommended measures against the areas. protection provided. Then the inspector The provisions of the Posse Comitatus Act briefs the PM on the findings using maps, prohibit participation by MP in raids, plots, sketches. He recommends corrective searches, and seizures of establishments off action. If necessary he makes on-site visits post conducted by civil police. However, in with the PM to clarify the recommendations. overseas areas where this act does not apply Following the inspector’s final briefing, MP may participate in such action if the PM reports the findings of the survey requested by civilian authorities and when a

58 FM 19-10 LAW ENFORCEMENT OPERATIONS military member is involved. Since SOFAS commander may also take necessary and international law will apply, the local countermeasures, such as temporarily SJA office is contacted before participating declaring the affected area or establish- in any such activity. ments off-limits to soldiers. The May Act, 18 USC 1384, was initially Prostitution and Gambling enacted by Congress in 1941 as an AR 190-24 and AR 210-10 provide that emergency measure to prohibit prostitution prostitution will be suppressed by all within such reasonable distances of military commanders in areas under Army control and/or naval establishments as the and among persons subject to Army Secretaries of the Army and should jurisdiction. The regulations specify that determine to be needed for the efficiency, health, and welfare of the Army and Navy. places of prostitution will be placed off-limits The act makes it unlawful within such to military personnel. Commanders are “reasonable distance” to engage in enjoined to cooperate with agencies engaged prostitution, to aid or abet prostitution, or to in activities designed to suppress procure or solicit for the purpose of prostitution affecting military personnel. prostitution. Persons or organizations not subject to the articles of the UCMJ who are The suppression of prostitution is an guilty of violating the May Act will be established policy of the Department of the deemed guilty of a misdemeanor punishable Army in its program for the welfare of by a fine of not more than $1,000, or by personnel, the development and guidance of imprisonment for not more than one year, character, and the control of venereal or both. disease. The policy applies to all overseas commands as well as those commands Department of the Army policy stresses within the continental United States. It is control of gambling rather than suppression. the responsibility of all commanders to But Army regulations prohibit gambling in secure compliance with this policy. All service clubs (AR 215-1) and gambling by practices that can in any way be interpreted disbursing officers (AR 37-103). Excessive as fostering or condoning prostitution will be losses because of gambling may lead to prohibited. Violations will be handled commission of other crimes and offenses, through appropriate disciplinary actions. such as robbery, burglary, and embezzle Identified houses of prostitution will be ment. The PM is familiar with the gambling declared off-limits to all US military situation within his jurisdiction and personnel. Action taken in this connection adjacent areas. The PM studies its impact on will be coordinated with proper authorities of offense rates and the conduct of personnel the other services. In the United States, the who are off duty. When appropriate, the PM civil authorities have complete control over recommends to the commander that the suppression of prostitution off the consideration for off-limits action be military installation. The policy of presented to the Armed Forces Disciplinary suppression is accomplished through Control Board. Information on dishonest cooperation with civilian law enforcement gambling practices is made available to civil agencies and health organizations. Full agencies concerned with controlling cooperation will be given civilian and other gambling. government agencies engaged in the suppression of prostitution and the Preventive action against gambling is elimination of sources of venereal infection. implemented through appropriate command Where local authorities fail to cooperate, the channels. Publicity relating to gambling is commander may appeal to higher authority used to inform all personnel of the inherent to negotiate improvement of conditions. The dangers of gambling.

FM 19-10 59 LAW ENFORCEMENT OPERATIONS

Alcohol and Drug Abuse Installation commanders, with the help of The introduction, sale, possession, and use the post MP, will maintain an alcohol safety of alcoholic beverages are permitted on Army action program (ASAP) and an alcohol installations as authorized by AR 215-2. But countermeasures program patterned after commanders must ensure that persons under the Department of Transportation Alcohol 21 years of age are not permitted to use, Safety Action Projects. These programs are possess, buy, or introduce intoxicating designed to help identify alcohol and drug beverages in any form to an activity unless abusers. Rehabilitation programs require the laws of the state allow it. Persons under extensive planning, coordination, 21 years of age must not be employed in any supervision, and an understanding of the capacity for the sale, handling, dispensing, offender to be effective. Evaluations of or serving of any intoxicating beverages. accident rates, driver’s license suspension Nor may intoxicating beverages be sold, and revocation actions, public opinion, and used, consumed, or permitted in, on, or about feedback from counseling and medical the premises of any service club, crafts personnel are used to enhance these facility, or youth activity facility. The PM programs. enforces the command’s adherence to this The public must be aware of the alcohol regulation. and/or drug problem, the behavior of an The costliness of drugs and difficulty in intoxicated driver or drug user, and the obtaining them can result in the user impact these problems have on the resorting to criminal acts to obtain them. community. Individual actions that may be Commanders and PMs at all levels curb the taken by the public need to be emphasized. use or sale of narcotics and other prohibited To enhance the MP enforcement effort drugs through education, detection of against alcohol and drug abuse, the public trafficking, and prompt apprehension and must be educated in the— disposition of users and suppliers. Nature of the ASAP and its objective. Enforcement and countermeasures In areas where narcotics, marihuana, and other dangerous drugs are readily available employed. to military personnel, information on the Implied consent provision. dangers of using these drugs, the aid that Blood alcohol content index and its can be given to police authorities, and the applicability. progress made in prosecuting sellers and Legal and administrative consequences of users of narcotics is disseminated through driving while intoxicated. command, public information, and human self-development program channels. For The PM analyzes past and present alcohol example, specially trained personnel may and drug offenses. Traffic studies, as speak to assembled troops on the dangers of described in FM 19-25, maybe undertaken to drug use. determine factors such as voluntary compliance with speed limits, effectiveness Public awareness is an important factor in of traffic control devices, and accident the prevention of alcohol and drug abuse. patterns. The PM then attempts to isolate Coordination with civilian law enforcement areas requiring additional traffic and Alcoholics Anonymous can help to supervision and enforcement beyond formulate and implement drug and alcohol normally available resources. Once the PM abuse awareness programs. These programs identifies the factors that contribute to also can help identify on- and off-post alcohol and/or drug problems, counter- conditions that contribute to the measures are adopted and corrective actions installation’s alcohol and drug problem. taken.

60 FM 19-10 LAW ENFORCEMENT OPERATIONS

Countermeasures will be proportionate to SJA, the information officer, and the unit the resources available for the mission and commander will have an active part in these to the nature of the specific problem. Some programs as well. effective countermeasures include— The unit commander will ensure military Checkpoints at installation entrances to personnel are referred to the installation check vehicle registrations/driver’s alcohol and drug program for evaluation licenses and to determine if the driver is or when convicted of, or subject to, official has been drinking. administrative action for any offense Traffic patrols dedicated solely to involving driving while under the influence detecting and apprehending drinking of alcohol or drugs. The person’s past history drivers. of such offenses will determine if referral to a Concentrated public education programs. mandatory drug-alcohol education or rehabilitation program is required. Driving The PM is concerned with all aspects of privileges will be revoked in accordance with these programs, but other staff agencies AR 190-5 for all drunk driving convictions as such as installation medical authorities, the well as for those individuals who refuse to alcohol and drug counselor, the chaplain, the submit to chemical intoxication tests.

FM 19-10 61 LAW ENFORCEMENT OPERATIONS PREVENTING JUVENILE If a juvenile offense is committed on a post DELINQUENCY where there is concurrent jurisdiction and Military sponsors are responsible for the MP investigation reveals that a dependent proper conduct of their dependents. juvenile has committed a state crime, final Investigation into the causes of misconduct disposition could include administrative and the collection of background data are action or trial by the appropriate civilian limited to essential information. But MP court or both. Many state statutes do provide may extend their investigation to include the for appeal of an adjudication of delinquency. conduct of the child’s military sponsor if that If a state provides for an appeal, the juvenile conduct is dangerous or harmful to the child. court will provide the PM’s juvenile section Depending upon the frequency and nature of this information and further guidance. the juvenile’s offenses, a number of Damage to federal property is a federal corrective measures may be taken. crime. When juveniles commit serious federal offenses, the appropriate In CONUS the commander has several coordinating agencies may include the FBI, administrative options that may be used US , and the US Attorney’s Office. separately or collectively. The commander The ability to prosecute juveniles in federal may find it sufficient to accept payment for district court is limited by 18 USC 403. property that was damaged, destroyed, or According to the Supreme Court of the stolen. The juvenile may be barred from using United States, a juvenile has no con- specific post facilities in which the offense took stitutional right to appeal. When the offense place. Hospital, dental, and other statutory takes place OCONUS the juvenile may be privileges can be denied only under prosecuted in HN courts if the case is serious extraordinary circumstances (10 USC 1076). The and upon the advice of the SJA. commander also may order the youth off the post and barred from reentry. The com- mander may take more serious administra- Diagnostic Interview tive measures for youths who reside on post When an offense has occurred that in- by terminating the sponsor’s government volves a juvenile as a suspect, a juvenile quarters. When OCONUS the commander officer or noncommissioned officer (NCO) may reduce or suspend the juvenile’s conducts a diagnostic interview as soon as privileges, officially reprimand the sponsor, possible after the offense is committed. The or return the sponsor and dependents to the purpose of the interview is to seek an answer United States. as to why the offense occurred, and to gather information to determine what disposition In CONUS the commander’s judicial would be in the best interests of the youth, options include considering the the family, and the military community. circumstances of the crime, jurisdiction, and Investigation into the causes of the prior offenses of the juvenile. Close liaison misconduct and the collection of background must be established between the PM, SJA, data are limited to essential information. and civil authorities. But MP may investigate the conduct of the child’s military sponsors if that conduct is State and local juvenile courts are the dangerous or harmful to the child. desired agencies for handling minor juvenile cases as prescribed by 18 USC 5032. If an The diagnostic interview is conducted with offense committed by a juvenile is a state the juvenile, with one or both parents crime and not committed in an area of present. The intent is to deal with the exclusive federal legislative jurisdiction, problem in a family context if possible, local police and courts may assume rather than as the youth’s problem alone. jurisdiction. The interview may be conducted in private if

62 FM 19-10 LAW ENFORCEMENT OPERATIONS parents are uncooperative, domineering, or if nation. This calls for great discretion and their presence has an adverse effect upon the tact. Delinquent behavior off the installa- juvenile. While commanders have every tion may affect relations with the host right to monitor the situation and to receive nation. In incidents occurring on the reports of diagnostic interviews, they are not installation, MP become involved in the allowed to actively participate in counseling investigation on referral of the incident to sessions. the proper social service activity for disposition. Minor incidents may be During the interview the juvenile officer disposed of without formal action. The attempts to find out if the juvenile has a parents are counseled and the youth previous history of delinquency and reprimanded, with a warning as to the behavior problems and, if the youth was a consequences of future delinquency. More runaway, where he or she went and what serious incidents involving juvenile happened. The juvenile officer attempts to dependents which are detrimental to the find out the youngster’s feelings about the command may result in administrative family and behavior at home as well as the action being taken. parents’ feelings about the youth and their perception of the current problem. The Police and School Liaisons juvenile officer also attempts to find out what actions, if any, the parents and the Police and school liaison programs include juvenile are taking to solve the behavior MP visiting installation schools to create problems. Guidance on investigating ongoing communication between the PM, juvenile delinquency and conducting the MP, the school faculty, and the student juvenile interviews and interrogations is body. found in FM 19-20. The PM can establish good relations with local school officials by— Based on the interview, the juvenile officer may counsel the juvenile and the family if a Becoming acquainted with school officials satisfactory solution appears to have been on both a formal and informal basis. agreed upon. The youth may be referred to Reviewing the school delinquency preven- the school guidance counselor, a chaplain, or tion program and tactfully recommending other social service personnel if the youth improvements and offering other and family express a desire to seek assistance. professional help for their family problems. Working with the school guidance Or the youth may be referred to the mental counselor or other school staff to hygiene clinic, an Army social worker, or determine disciplinary problems and other appropriate agency if it appears that other relevant data. deeply rooted problems are impairing the Offering to speak and show films to the youth’s normal functioning in the family or students on bicycle safety, drug and community. The juvenile officer may alcohol information, and other programs recommend to the PM that administrative that will aid in creating a feeling of trust action be taken against the youth. Normally, and friendship. this is reserved for repeat offenders. Or the Making MP assets available for school juvenile officer may recommend that the functions or affairs, such as open house juvenile be referred to the appropriate civil displays, career days, athletic programs, juvenile court system. and tours of military facilities. MP overseas often must contend with both juvenile dependents of United States mili- Meetings between parents and the MP and tary and civilian personnel and non- school staff can do much to educate the dependent juvenile citizens of the host parents to the causes of delinquency. The

FM 19-10 63 LAW ENFORCEMENT OPERATIONS development of a close working relationship battlefield, control of traffic is a part of the with area schools will increase the main MP mission of BCC. In combat MP use effectiveness of any plan for delinquency many of the same basic measures for BCC prevention and control. The active that in a peacetime environment are used to assistance of school officials is necessary if accomplish their law and order mission. plans for the welfare of the students are to be Traffic control is accomplished as main successful. supply route regulation enforcement. The In a school environment the MP may serve traffic control measures used for BCC as a resource person for school counselors. include measures of— Depending on local policy, the MP may even Operating traffic control posts. become a part of a carefully structured school counseling and referral team. The MP Operating mobile patrols. may present safety and other lectures and Emplacing temporary route signs. advise school authorities on means of Other, more specialized, measures include controlling theft and vandalism. The MP is operating— not used to enforce school regulations, maintain order within classrooms, or Holding areas. become directly involved in ordinary school Roadblocks. behavioral problems. Checkpoints. Defiles. Juvenile Council Straggler control posts. The juvenile council maintains an ongoing Straggler collecting points. liaison with federal, state, and local juvenile systems and planning agencies. The juvenile See FM 19-4 for detailed discussion of traffic council seeks to coordinate the juvenile control as part of BCC. welfare services of all installation agencies. It makes the system responsive to the child’s In a peacetime environment on military needs by eliminating jurisdictional disputes installations, in addition to the measures and misconceptions. The juvenile council used routinely to control circulation on the reduces duplication of juvenile services and battlefield, MP enforce installation traffic provides for efficient delivery of such laws. They investigate motor vehicle traffic services through systemwide planning. accidents within their jurisdiction. They Planning must be flexible and responsive to assist civilian agencies investigating traffic accidents involving military personnel or community needs. military vehicles. As part of their traffic Members of the council review juvenile control measures, MP may coordinate cases, dispositions, and follow-up treatment convoy movements with civil police to ensure proper handling. The council is authorities or provide convoy escort. They also responsible for the formulation and may also conduct vehicle registration. They review of post delinquency programs. may supervise the installation’s vehicle im- Representation on the council by the poundment lot. And to help ensure installation commander will allow juvenile movement of traffic, MP often employ speed problems and trends to be closely monitored and intoxication detection equipment to and can generate interest within the screen for unsafe drivers. command for juvenile programs. MP conduct traffic control studies to obtain information on specific traffic CONTROLLING TRAFFIC problems and usage patterns unique to MP control traffic to enable the safe an installation. Traffic control studies movement of personnel and supplies. On the (see FM 19-25) provide information on types

64 FM 19-10 LAW ENFORCEMENT OPERATIONS of accidents that occur most frequently, the of military and civilian vehicles. These plans time of day when accidents are most are coordinated with headquarters, staff frequent, the place where accidents are most offices, and civil authorities before likely to occur, and driving offenses and implementation. Plans will include accident other factors that tend to cause accidents. investigation and prevention and the ADP equipment used for storage, retrieval, conduct of traffic control studies and interpretation, and validation of traffic surveys. When developing plans, movement control information has greatly improved of military convoys, emergency medical the usability of traffic data. These data, once vehicles, and fire trucks will take precedence collected and analyzed, can be used to over all other vehicular traffic. prevent traffic accidents. The PM can use these studies to determine present and future MP are responsible for implementing the needs concerning traffic control and installation traffic control plan. These associated traffic programs. responsibilities include— Enforcing all traffic laws, regulations, The PM can also use these studies to and orders. analyze past and present alcohol and drug offenses. The PM then attempts to isolate Reporting and investigating traffic areas requiring additional traffic accidents. supervision and enforcement beyond Operating traffic control posts on the normally available resources. Once the PM installation. identifies the factors that contribute to Reporting traffic conditions. alcohol and/or drug problems, counter- Performing escort and convoy escort measures are adopted and corrective actions duties. taken, Recommending type and location of Results of traffic studies provide MP with traffic control devices. methods to prevent accidents. One method is Advising facility engineer of traffic signs to distribute MP effectively during the hours and control devices that need repairing and days when, and at points where, or replacing. congestion is greatest or where accidents are most likely to occur. MP must give particular Whenever possible, traffic signs and attention to the types of violations that are devices are used to indicate routes and causing accidents. MP also evaluate dangerous points and to direct or control effectiveness of traffic enforcement traffic. Unmanned traffic control equipment measures and emphasize driver training and aids in providing maximum control using a pedestrian education. MP recommend more minimal number of MP assets. MP post effective uses for traffic control devices and temporary signs and route markings. safeguards. They also coordinate traffic flow Luminous paint or other appropriate with facilities engineers. They recommend material may be used for night illumination engineering improvements to eliminate consistent with safety or blackout hazards that cause frequent traffic regulations. Information concerning signs accidents. can be found in the Manual on Uniform Traffic Control Devices. Installation Traffic Control The making and posting of permanent The basis for a well-planned and signs and devices is a facility engineer organized traffic control plan is a traffic function. MP on patrol report to the facility enforcement program and educational and engineer the location of traffic control safety programs. MP traffic control plans equipment needing repair. MP report to the provide for the safe and efficient movement PM control points requiring signs.

FM 19-10 65

161-016 O-94-5 LAW ENFORCEMENT OPERATIONS

Speed-measuring devices are used to Traffic Offenses conduct speed studies and increase MP ensure military vehicles are operated compliance with traffic laws. When only by authorized military or civilian planning to use speed-measuring devices, personnel. MP efforts are directed toward the device or method best suited for the serious traffic offenses. Serious offenses situation must be considered. These include speeding, reckless driving, drunken considerations are— driving, overloading, and transporting Cost. civilians without authority. The driver or the Local recognition by judicial authorities. senior passenger, or both, if charged with a serious offense, may be apprehended and the Training required for persons to use vehicle impounded. Minor offenses not devices. referable to the magistrate system may be Maintenance requirements. referred to the unit commander using Mission and environment of unit DD Form 1408 (Armed Forces Traffic Ticket) employing the devices. or DA Form 3975. All other traffic offenses will be handled using DD Form 1805. Speed-measuring devices or methods used If the installation commander tasks the by the MP are– PM to have vehicles registered on post, then Stopwatches. DA Form 3626 (Vehicle Registration/Driver Radar. Record) must be filled out and maintained. Aircraft. DA Form 3626 is prepared on each registrant of a car. A separate form is Pace method. prepared on persons who also drive the car See FM 19-25 for more information on and are involved in a chargeable traffic speed-measuring devices and methods. offense or receive a moving traffic violation.

66 FM 19-10 LAW ENFORCEMENT OPERATIONS

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It is made out in one copy. If the form Two copies are returned to the PM office indicates suspension or revocation of the for transmittal to US District Court. A copy registrant’s driving privileges or shows is returned to the PM office for filing. And a accumulation of points, the form is to be copy is issued to the violator or placed on the mailed to the PM of the gaining command violator’s vehicle. All violation notices upon permanent change of station (PCS) of require: the concerned. Social security number of issuing MP. The forms of military personnel who are Date of notice. being separated from the service and civilian Description of violation, including place personnel who terminate employment will be and time if applicable. destroyed. Information concerning decals Violation code number and issuing and control procedures is outlined in AR 190-5. location code number. DD Form 1805 is used by law enforcement agencies in conjunction with the US DD Form 1408 is used for reporting minor Magistrate System to cite individuals with traffic offenses. A copy of the form is minor offenses. PMs must coordinate with forwarded through command channels. the US magistrate of his area for— DD Form 1408 is administratively processed A list of minor offenses for which mail-in in accordance with AR 190-5. The form does not require any supporting forms or letters of procedures are authorized. transmittal. A copy is filed in the office of the The amount of the fine for each specific PM. A copy is given to the violator. Or in the offense. case of an unattended vehicle violation, this A list of minor offenses which require a copy will be placed under the windshield mandatory appearance of the violator wiper of the vehicle or otherwise before the magistrate. conspicuously affixed to the vehicle.

FM 19-10 67 LAW ENFORCEMENT OPERATIONS DD Form 1408 may also be used as a to make multiple turning movements within warning notice. Void traffic tickets will be the lane of travel, will knock down or run marked VOID in large letters and all copies over cones. turned in to the desk sergeant. The MP observes visual clues when the DD Form 1920 (Alcoholic Influence suspect is operating a vehicle. An effective Report) is used to record observations of an detection program begins with the individual apprehended for an offense in recognition that those who drive under the which alcoholic influence, such as drunken influence have certain behavior patterns driving, is a factor. This form is made out in that can be identified. sufficient copies to satisfy local The typical contact involves three requirements. At least one copy will be separate and distinct phases. It should be attached to each copy of the DA Form 3975. emphasized that MP will probably not go Detecting an intoxicated driver is both the through all three phases with every most difficult task in the enforcement effort suspected violator. Probable cause must be and the most important. If MP fail to detect established to apprehend. Many times this is violations, other countermeasure programs readily apparent by phase two. will also fail. Several methods may be used In phase one the MP observes the vehicle to deter violators. An effective installation in motion to note any initial clues of a intoxicated driving prevention program may possible violation. The major decision is to include the use of systematic gate determine if there is sufficient cause to stop inspections, a cone maze, or regular, trained the vehicle. The MP observes the manner in patrols. which the suspect responds to the signal to Systematic gate inspections may be used stop and notes any additional evidence of a to deter violators. These inspections may be violation. The MP looks for clues such as conducted to ensure security, military driver— fitness, or good order and discipline. Gate Attempting to elude the stop. inspections must be coordinated with the Stoping vehicle in roadway where local SJA and authorized by the installation shoulder is available. commander. Gate inspections must be Useing the wrong turn signal. documented, and signs must be displayed to warn personnel that they are liable to search Obstructs other traffic. upon entry, exit, or while on the installation. Once the vehicle is stopped, phase two Incoming personnel who object to being begins. In phase two the MP observes the inspected are not searched over their driver during initial contact. The major objections. In this case they can be denied decision is to determine if the suspect should the right of entry. Personnel exiting the exit the vehicle for field sobriety testing. The installation cannot refuse inspection. MP MP observes the driver exit the vehicle and selected to participate in the inspection are notes any additional evidence of thoroughly briefed. MP maintain a log impairment. The MP looks for more obvious recording all significant events. clues such as the driver— The cone maze is setup in an S shape and Fumbling through his billfold. also is an effective detection aid. Normally, Leaning on the automobile for balance, the unimpaired driver will see the cones at a Slurring his speech. reasonable distance, perceive the problem, Stumbling. slow down, and carefully adjust to the challenge. An impaired driver, on the other Seeming to lack orientation. hand, because of inadequate perception, Having a flushed face. unusually fast vehicle speed, or the inability Having bloodshot eyes.

68 FM 19-10 LAW ENFORCEMENT OPERATIONS If the MP is still undecided at this point, been refined by scientific research to make phase three begins. In phase three the MP them as accurate and discriminating as administers a preliminary breath test and possible. When properly administered and formal psychophysical field sobriety tests interpreted, these tests are highly reliable consistent with state law to evaluate the tools used to evaluate a suspect’s degree of extent of the suspect’s impairment. The MP alcohol impairment. But the HGNT is a must take adequate traffic control measures difficult and complex test to train. This test during the testing phase to ensure the can only be used if the MP has been trained suspect’s safety at all times. The major and certified competent by a qualified decision is to determine if the driver is to be trainer. PMs can send MP to the Driving While apprehended. Tests will help determine Intoxicated (DWI) Law Enforcement/Instructor probable cause. Once the decision to Training Course at Lackland Air Force apprehend has been made, the successful Base, Texas, to receive training in HGNT prosecution depends upon the MP’s ability to procedures. MP who are trained can then organize and present all relevant train unit members. information to the court. The MP’s observations are critical. The MP must use his or her judgment to determine which test is used. The one-leg Blood withdrawal is the most accurate stand test and the walk and turn test are method of determining different levels of divided attention tests because they require alcohol and/or drug intoxication in the the suspect to divide his attention between blood. This procedure is done by authorized mental tasks and physical tasks. Both tests medical personnel. However, breath require the suspect to balance and listen. The analysis has been accepted as a substitute MP must demonstrate the one-leg stand and for blood withdrawal for alcohol testing. the walk and turn test before requiring the Evidential blood alcohol testing equipment suspect to perform the test. is critical to the actual evaluation and subsequent prosecution of violators. The use The one-leg stand test requires the suspect of the portable breath tester may provide to balance while counting out loud. The walk sufficient evidence for probable cause. Each and turn test requires the suspect to— installation is authorized one chemical Comprehend verbal instructions. breath-testing device by Common Table of Process information. Allowances (CTA) 50-909. Chemical breath analysts are selected and trained to use the Recall memory. device. The device provides rapid, reliable, and judicially acceptable test results. For While administering this test, the MP judicial purposes, the device used must be determines if the driver— one that is authorized for use in the host state. Chemical breath-testing devices and Keeps his balance while listening to the the percentage levels of alcohol impairment instructor. are outlined in AR 190-5. Starts before instructions are finished. If the chemical breath-testing device is not Stops to steady himself while walking. available or is not legally usable in the area, Touches heel-to-toe. then the formal psychophysical field sobriety tests are used. The one-leg stand, Steps off the line. the walk and turn, and the horizontal gaze Uses arms to balance. nystagmus test (HGNT) have been developed by the National Highway Traffic Loses balance while turning. Safety Administration, using many years of Takes the incorrect number of steps or experience throughout the country, and have just cannot do the test.

FM 19-10 69 LAW ENFORCEMENT OPERATIONS ABSENTEE/DESERTER PROGRAM MP pursue an aggressive absentee/deserter and other related activities in accordance program that is preventive as well as with AR 190-9. Absentee/deserter reactive. The reduction of absenteeism is investigations are undertaken to provide the primarily within the sphere of command command a broad-reaching ability to return leadership. But the PM as advisor to the absentees/deserters to military control. And commander emphasizes the preventive because good coordination and communica- measures available to commanders to reduce tion between military and civilian law absenteeism in the Army. He also does this enforcement agencies is basic to the through his participation as a member of the absentee/deserter program, the program Army Community Service Council, the also serves to enhance MP/civilian police Armed Forces Disciplinary Control Board, relationships.

WILDLIFE LAW ENFORCEMENT PROGRAM The Wildlife Law Enforcement Program the hunting and fishing seasons are operates to enforce laws pertaining to water monitored as determined by the installation pollution, litter, forestry, recreational commander and state and federal laws. The facilities, and boating. The intent is also to program also ensures the enforcement of protect government property such as range environmental and safety regulations. It buildings, construction or range equipment, ensures that training on boating and and telephone and power lines. Measures hunting safety includes local, state, and used to accomplish the program range from federal laws pertinent to the local area. check stations at roadblocks and Coordination is effected between the DEH, checkpoints to publicity and administrative the installation recreation activity, the measures like information points. safety office, and the game warden on camping, boating and hunting safety. The The Wildlife Law Enforcement Program program ensures that help and information ensures control of predators and domestic are provided to persons using government animals on the installation. It ensures that recreation facilities.

MP CUSTOMS INFORMATION SERVICES MP customs units furnish a wide variety of radio, and similar news media. General customs information to entire commands as information may be prepared in the form of well as units and individuals. MP customs news releases. Radio and television talks personnel often present briefings on customs and interviews may be presented. Brief and information to units and other groups. The concise fact sheets can be developed, and units provide desk sergeants of MP stations display posters may be produced and basic customs information for answering distributed on items of current or continuing routine questions from the military customs interest. community. The MP customs units themselves can be contacted for detailed and Specific information will be sought, technical information. General information, particularly by individuals, on such matters such as new or changed requirements, as sales or transfers of personal property, the privileges, procedures, and so forth, are import or export of certain items, weapons publicized through newspapers, command and vehicle registration requirements, information publications, armed forces border crossings, and others. Specific

70 FM 19-10 LAW ENFORCEMENT OPERATIONS information may be furnished by MP render customs assistance to sales maintaining and publicizing walk-in and facilities by— telephonic services to which all members of Briefing managers and sales personnel. US forces have ready access. An important part of the customs information service is Monitoring facilities frequently. the ready availability of all blank forms Providing managerial personnel with required for customs actions. Instructions pertinent customs information and for completion of the blank forms should ensuring that each facility has also be made available. Display boards with regulations on file, to include weapons completed samples may be maintained at regulations when applicable. walk-in service locations. Providing a customs briefing at the The walk-in station may also display— annual rod and gun club convention, if Customs travel information for the host one is held, or at any other meeting of the and neighboring countries. membership. A list of restricted trademark items. To ensure that sales personnel and members US rates of duty for various imports. have a basic knowledge of pertinent customs regulations, detachment commanders, field State laws pertaining to importation of officers, and NCOICs coordinate with each alcoholic beverages. local sales store manager and arrange The addresses and locations of host formal or informal customs classes. They nation offices concerned with customs, also maintain good rapport with managerial , and registration matters. personnel and assist them in developing a Personnel assigned to provide customs customs enforcement program. information must be experienced and, as a minimum, familiar with the contents of— Public events conducted by US forces in overseas locations, such as open houses, DOD Regulation 5030.49-R. Fourth of July celebrations, youth carnivals, The Gun Control Act. and so forth, to which nonmembers of the forces may be invited or admitted, may ARs 40-12, 55-71, 55-355, 215-1, 600-290, involve the transfer or sale of US forces and 608-4. tax-free items, particularly food and bever- Pertinent international agreements. ages, to nonmembers. Such transfer or sale often requires prior approval of the host Command directives. country customs and/or tax authorities. In addition MP customs personnel must be This approval will probably specify limits to familiar with applicable Army and the amounts which may be so transferred or command regulations that pertain to the sold, as well as require that they be operation of sales facilities. Weapons and consumed on the premises. Items such as other tax-free items are often sold at rod and tobacco products on which are gun clubs in host countries. MP must make collected at the time of the sale are not every effort to monitor these operations normally included in such approval. MP frequently. And MP ensure that managers customs personnel can furnish assistance in and sales personnel are thoroughly informed an advisory capacity to persons planning of host country and US customs such events and can assist them in requirements. Particular emphasis is given obtaining any required approval. to transfer limitations, firearms registration, Consultation with the local SJA office will resale, importation requirements into normally be required since a legal CONUS, and provision of accurate interpretation of treaties and local statutes is information to customers. often involved.

FM 19-10 71 LAW ENFORCEMENT OPERATIONS

DOD Regulation 5030.49-R provides for with respect to plant products, animals, and US military enforcement of US customs birds. The Department of the Army serves as laws, postal regulations, and regulations of the executive agent for the DOD Military the US Department of Agriculture (AR 40-12) Customs Inspection Program. DISASTER RELIEF AND AREA DAMAGE CONTROL MP may be called upon to assist in of property, especially critical facilities; disaster relief operations. The preservation prevention of panic; and enforcement of of law and order following the development emergency restrictions. They may also assist of disaster conditions can be a major in traffic and circulation control, and the problem. MP should report any indications evacuation, and detention of civilians. of civil disturbances so that measures can be Additionally, MP teams may be used to taken to prevent major incidents. MP may provide guidance to other military units assist in the prevention of looting; protection performing law and order functions.

72 FM 19-10 CHAPTER 7 Planning Enforcement Measures

The PM bases his law enforcement CONTENTS measures on the premise of “selective enforcement.” Selective enforcement is the Page key to effective law enforcement. The PM COLLECTING, COMPILING, AND USING focuses MP resources on the actions and SELECTIVE ENFORCEMENT DATA ...... 74 areas where they are most needed. Police ACQUIRING DATA FROM MP REPORTS incidents are usually caused by conditions AND FORMS ...... 77 and acts that continue to cause trouble unless Recording Telephone Conversations . . . . .77 corrected. Maintaining Radio Log ...... 78 PREPARING MP REPORTS ...... 78 Basing law enforcement measures on Maintaining MP Desk Blotter ...... 80 selective enforcement fosters an efficient use Submitting Criminal Data of manpower. And it lends direction to crime Reference Cards ...... 80 prevention and law enforcement efforts. It allows MP actions to be based on logical, systematic information that makes the best keeps the PM alert to changing needs for use of resources. police services. Then the services, matched to the number of MP available, can be provided To employ selective enforcement the PM in the areas in which they are most needed. must have access to up-to-date information. A PM needs data that will provide pertinent Selective enforcement is founded on a facts for solving continuing enforcement continuous process of accumulating, problems. The PM must ensure he has the analyzing, and interpreting data. people and equipment he needs to do the job. Information in complaint reports, vehicle And he must employ these resources where accident reports, and offense reports is they are most needed. Effective law tabulated, computerized, marked on spot enforcement is proactive and minimizes maps, and filed in the proper files. Each unproductive time. Checking a building complaint or offense for which a report has during hours when the facility is closed is not been made is studied. proactive. Being at the facility before it closes An analysis of data accumulated over a is proactive. It eliminates the need to check period of time can show the nature of a the facility immediately after it closes. And it problem and how often it recurs. Analysis places the MP at the facility for maximum can also show the requirements for the most visibility and deterrence at the most effective assignment of MP. This data allows vulnerable time. the PM to plan enforcement activities without relying on intuition or arbitrary PMs, like all modern police administrators, plans. have learned through training and experience that MP assets must be dispersed The basis for selective enforcement is when and where police problems are likely to accurate, historical data on time, place, type, occur. The amount or volume of crime that and frequency of incidents or violations. occurs is not evenly distributed over the Careful interpretation of this data can help course of a week or a day. In 100 offenses determine the cause of crime, project reported during a seven-day period, more operating costs, forecast personnel and crimes will have occurred on certain days of equipment requirements, and maintain the week, at certain times of the day, and in accurate reports on the status of discipline certain places. Analysis of such information within the command.

FM 19-10 73 LAW ENFORCEMENT OPERATIONS COLLECTING, COMPILING, AND USING SELECTIVE ENFORCEMENT DATA Selective enforcement requires the support information easier to compare with other of statistical data. Proper collection and groups of similar data. It also offers a chance interpretation of this data is essential if for further analysis of the facts. successful results are to be achieved. The best sources of information are the routine records An imaginative PM will find many ways to and reports readily available to PMs. To be present selective enforcement data. A useful, the routine reports must be accurate presentation should be tailored to fit the and complete. If operating personnel like situation, the facts being presented, and the desk sergeants, patrols, and investigators intended audience. fail to record incidents, accidents, or One useful method of organizing and violations accurately, the resulting data will presenting data is by the construction of a not be factual. frequency distribution table. The basic data are located by finding the largest and Collecting and compiling enforcement data smallest numerical values. The difference must be done systematically. Clear between these two values (such as the range) instructions must be available concerning is determined. The values are grouped in the the information that is needed and the format order of their magnitude, in groups of twos, in which it is to be collected. Misunderstood threes, fours, fives, and so forth. The size of instructions can result in lost time or this grouping factor, called the class erroneous decisions based on poor data. The interval, normally is such that not less than responsibility for collecting and compiling ten, nor more than twenty, of such groupings data is assigned to a specific individual or result. Consideration is given, however, to section. If too many people work with the the total number of numerical values with data, the likelihood of misunderstood which it is necessary to deal. The completed instructions, errors, or inconsistent or tabulation is described as a frequency inaccurate data increases. distribution. The method used to compile and organize the data depends on available data resources Presenting data in a frequency and the desired results. Computer technology distribution table places the data in logical helps. It can easily provide the statistical order. It condenses and simplifies the data. analysis needed to produce pertinent But essential details are retained. A information. For instance, computers, frequency distribution table groups items of sorting reports of crime by day of the week the same class and specifies the number of and hour of the day, can make comparisons items in each class. Data can be classed by readily available. Specific types of type of offense, time of day of offense, and information may be requested. Reports can age of offenders. With some types of data it is be obtained that reflect increasing and useful to group classes together for easier decreasing trends. interpretation. For example, if we are listing numbers of offenses by time of day, it would Raw data must be organized and be helpful to combine two or more hours summarized before it will become meaningful together to form an hour group or interval. A for planning purposes. Data are usually table that lists offenses for three-hour obtained from various reports, records, or periods (such as 2100 hours to 2400 hours surveys and appear as unorganized numbers equals 284 offenses for a six-month period) and facts. By systematic rearrangement or would be more meaningful for most classification, meaning and significance enforcement problems than a listing of 24 may be given to data. This makes the different one-hour periods.

74 FM 19-10 LAW ENFORCEMENT OPERATIONS

Another statistical aid to the PM and his Percentages are also helpful in presenting staff is the calculation of percentages. Data briefings and reports. A percentage is the presented in percentage form give a clear relationship of a part to a whole calculated on picture of problem area locations. the basis of 100.

This method may also be used to that an additional computation must be determine percentage of increase or decrease made to determine the actual increase or in troop strengths. The only difference is decrease involved.

FM 19-10 75 LAW ENFORCEMENT OPERATIONS

The rate of occurrence is generally or chart data can be quickly compared. expressed in terms of frequency per some Graphs permit the condensation of facts and standard unit such as 100, 1,000, 100,000, figures and can demonstrate deficiencies 1,000,000. These figures (100, 1,000, and so and trends. A graph can provide the same forth) are arbitrary. They act as a common information as a table, but usually has the denominator to make evaluation and advantage of greater simplicity and clarity. comparison easier. But care must be taken in the preparation of graphs to avoid faulty presentation and A graph or chart provides the PM with a interpretation. The following are features medium for presenting facts in a clear, found in most graphs: understandable, logical, and interesting manner. (See Appendix C for more A distribution of a group of values or information on presenting statistical data.) traits or characteristics. A graph can give meaning to a collection of A brief, simple, and direct title describing facts when that meaning, if presented in the topic the graph represents. another form, might not be clear. On a graph The unit or units of measure used.

76 FM 19-10 LAW ENFORCEMENT OPERATIONS ACQUIRING DATA FROM MP REPORTS AND FORMS Complete, accurate, and timely completion to implementing an automated system. of forms is of prime importance to law Consideration must be given to the manner enforcement. All the effort expended in in which the computer stores and retrieves enforcement and investigative activities is information. A systematic arrangement of wasted unless data are properly recorded files allows for specific query capability as and reported. And based on accurate data well as meaningful report generation. compiled from MP forms, the MP can plan crime prevention, traffic control, and RECORDING TELEPHONE enforcement programs that are timely and CONVERSATIONS effective rather than reactions to situations. MP desk personnel are authorized by the MP records and forms are unclassified Department of the Army to record telephone except when they contain defense conversations for a clear and accurate record information as defined in DOD 5200.1-R and of emergency communications for command, AR 380-5. When privileged information is operational, or record purposes. This contained as defined in AR 340-17, records authorization extends only to reports of will be marked “FOR OFFICIAL USE emergencies, analysis of reported ONLY” and safeguarded accordingly. information, records of instruction or Records will be maintained and disposed of commands, warnings received, requests for in accordance with Army regulations. assistance, and instructions on locations of serious incidents. MP desk sergeants and supervisors must ensure that subordinates do not release There are restrictions when telephone and information without proper authority and radio conversations are recorded: clearance from the post information officer All telephones connected to recording or SJA (see AR 340-17). equipment will be la bled “FOR Computer technology enhances the ability OFFICIAL USE ONLY–CONNECTED to obtain and process information not TO RECORDING DEVICE.” Access will previously possible because of time and be restricted to desk personnel only. resource limitations. When used to their Recording equipment connection must be fullest extent, automated systems become coordinated with appropriate telecom- useful managerial and investigative tools. munications personnel. Computers have the ability to retrieve in a Official telephone numbers for the MP very short time obscure bits of information desk will be listed in appropriate not readily available through the most telephone directories with a statement elaborate cross-indexing. Moreover, the that emergency conversations will be ability of computers to arrange statistical recorded for accuracy of records. information in a meaningful format can Installation commanders must issue automate crime analysis and assist MP in letters of authorization for such activities. patrol distribution and crime prevention One copy will be forwarded to Department efforts. of the Army. To obtain useful information, all data Conversation recordings in overseas entered into the computer must be timely areas must also conform to SOFAS and and accurate. The basis for building any law other international agreements. enforcement data base comes from the Recording equipment at MP desks may records and forms completed by the MP and not be used to conduct wiretapping, supporting agencies. Attention must be investigative monitoring, and eavesdrop- given to the kind of information desired prior ping activities.

FM 19-10 77 LAW ENFORCEMENT OPERATIONS

MAINTAINING RADIO LOG and serves as a backup reference for the desk DA Form 3945 (Military Police Radio Log) blotter and other reports. It is important that is used as an official record of all MP radio the source, time, and subject of routine calls calls. The radio log is begun at 0001 hours be entered in the log. In the case of serious and closed at 2400 hours each day and incidents, the radio log entry is more contains all radio traffic to and from the MP detailed. Electronic tape-recording station and patrols during the period. The equipment is routinely authorized for use on form is normally prepared in one copy. It is MP desks. Audiotapes may be used in place filed sequentially in the desk sergeant’s files of DA Form 3945.

PREPARING MP REPORTS DA Form 3975 is prepared on all com- The military police report is initiated plaints received and incidents observed or immediately upon receipt of information. If reported to MP, except routine traffic time does not allow for the immediate violations and those minor violations noted initiation of the report, the report should be by MP where corrective action consists of a initiated as soon as practicable. This report verbal warning. DA Form 3975 is also assures complaints are recorded, system- prepared when an apprehension is made or a atically assigned for follow-up, disposed of. military person is returned to US Army or referred, and posted to the MP desk control from another apprehending agency. blotter.

78 FM 19-10 LAW ENFORCEMENT OPERATIONS

FM 19-10 79 LAW ENFORCEMENT OPERATIONS

MAINTAINING MP DESK BLOTTER printed, or stamped): “This blotter or extract The MP desk blotter is a chronological is a daily chronological record of police record of police activity developed from activity developed from reports, complaints, reports, complaints, information, and incidents, or information received and incidents. The desk blotter is not a substitute actions resulting therefrom. Entries for the MP report. Its entries, in narrative contained on the blotter may or may not be form, contain the essentials of the report. It complete or accurate and are not states concisely the who, what, when, where, adjudications attesting to the guilt or and how of an incident. It cites the identity innocence of any person. ” The desk sergeant of persons related to an incident. And it or duty officer verifies the entries. An directs readers to the MP report for details. authorized individual signs the blotter after Entries do not list names of juvenile it has been closed. subjects. In certain types of incidents/offenses Information concerning the administration such as rape and child molestation, names of of the MP station, such as personnel changes, victims should also be protected. In these inspections, visitors, and other administrative cases, entries reflect the term “protected data, is recorded on DA Form 1594 and identities” (PI) where the name of the in the MP desk journal. subject/victim is normally listed. If approved by the installation/activity PM, SUBMITTING CRIMINAL DATA this technique may be used whenever REFERENCE CARDS information on a particular entry should be controlled. In that case, the blotter will DA Form 2804 (Crime Records Data indicate that the entry is restricted. And it Reference) is used to forward to the Crime will show the number of the associated MP Records Center information on subjects of report. The action taken and the name of the investigations for— person recording the entry will be indicated Violations of Article 111 through 133, in the columns provided. UCMJ. The desk blotter covers the period from Violations of Articles 77 through 84, 87 0001 to 2400 hours. Time recorded in the through 110, and 134, UCMJ, for which “time column” reflects the time the the maximum punishment prescribed in information is typed on the blotter. The first the MCM is confinement for six months or daily entry on each blotter is always “blotter more. opened” and the last entry on each blotter is Offenses which result in revocation or always “blotter closed.” The blotter is suspension of driving privileges or the normally prepared in original and two assessment of six or more points as copies. One copy is sent to the senior outlined in AR 190-5. commander supported by the respective PM An offense under the Assimilative Crimes office (see AR 190-45). The original is Act (18 USC 13) or other federal statute for maintained in the PM files. The other copy is which there is no corresponding offense in maintained in the desk sergeant files. With the MCM and for which a maximum approval of the senior commander, extracts punishment of six months or more may be prepared for subordinate confinement is prescribed. commanders when the blotter contains entries that pertain to their respective A separate DA Form 2804 is submitted for commands. As determined by local policy, each identified subject (real name and aliases) the form may be used to provide information of an investigation of a special category to the supporting USACIDC element. offense, regardless of DA Forms 2804 pre- Distributed copies of blotters or extracts will viously forwarded as a result of separate include the following statement (typed, investigations. Completed DA Form 2804

80 FM 19-10 LAW ENFORCEMENT OPERATIONS

FM 19-10 81

161-0160 -94-6 LAW ENFORCEMENT OPERATIONS with completed DA Form 3975 is forwarded AR 195-2, except for the report of in- by the preparing office directly to Director, vestigation (ROI) number block, which US Army Crime Records Center, 2301 reflects the number shown in the USACRC Chesapeake Avenue, Baltimore, MD 21222. control number block of the completed The card is completed in accordance with DA Form 3975.

82 FM 19-10 CHAPTER 8 Operating Patrols

Military police practice preventive patrol- CONTENTS ling. Preventive patrolling places a Page uniformed patrol in the right place at the COMMUNITY PROTECTION AND right time. It has as its major feature the ASSISTANCE ...... 83 protection of people, not property. The PATROL METHODS AND MEANS ...... 84 primary emphasis of preventive patrolling is CONUS Off-Post Patrols ...... 86 having uniformed patrols work areas where OCONUS Off-Post Patrols ...... 86 analysis shows many people gather at times PATROL DISTRIBUTION ...... 86 when the likelihood of crime is greatest. Distribution Policy Decisions ...... 87 Emphasis is placed on such establishments Patrol Distribution Data ...... 87 as the post exchange, commissary, package Computation of Patrol Hours...... 90 beverage store, hospital (during evening PATROL SHIFT DESIGN ...... 92 Shift Reference Plan ...... 92 shift changes), banks, gas stations, and the Special Shifts ...... 92 numerous recreational facilities. The hours of operation of all estab- susceptibility of most establishments to lishments are verified and plotted on a time crime. Uniformed patrols are assigned to chart to indicate opening and closing these areas at those times for maximum periods. These are the times of the highest visibility and deterrence. COMMUNITY PROTECTION AND ASSISTANCE

Whether providing soldiers a safe MP behavior is professional while on duty. environment in which to train, providing MP follow proper procedures for handling commanders a means to promote order and incidents. Their behavior is impartial, not discipline, or providing military suspects judgmental. Minor violations are usually fair and impartial investigations, MP interpreted as noncriminal and require only protect and assist the military community. a warning or on-the-spot corrective action. The MP purview for implementing law Taking a subject into custody is only done as and order in the military community affects a last resort when compliance cannot be more than just commanders and their achieved by other means. troops. The military community includes MP often are called on to assist persons family members of military personnel. It unable to help themselves. Military sometimes includes DA civilian employees. personnel may require assistance either for And it can sometimes include installation their own protection or because they are visitors and the surrounding civilian unable to care for themselves properly. They populace. may be intoxicated, ill, confused, or in shock; MP on patrol work for positive community they may be without funds or transportation relations. Public cooperation and under- for return to their units; or they may, if not standing benefit both the community and properly assisted, become the victims of the MP. The handling of incidents requires various offenses such as robbery, assault, or observation, approach, and tactful corrective rape. Such persons are not apprehended or action or assistance by MP. taken into custody, although it may be

FM 19-10 83 LAW ENFORCEMENT OPERATIONS necessary to take them to the MP station for MP next take action to protect the crime return to their units. scene. MP patrols also protect the community by enabling military MP also protect juveniles. Most MP investigators to pursue their inquiries contact with juveniles occurs when patrols expeditiously. investigate minor offenses like disturbing the peace. Sometimes contact is made when The first MP to arrive at a crime scene have juveniles are seen committing acts that the critical task of securing the scene. They could be harmful to people or property. preserve its physical aspects so that it can be Usually, MP stop the misconduct and, when examined in detail by crime scene needed, refer the incident to the parents. Or, investigators and/or lab examiners. for those juveniles who have committed (See FM 19-20.) The patrol prevents minor offenses, a verbal warning by the MP unauthorized intrusions and protects the or making the child’s parents aware of the scene from change until an investigator situation may correct their actions. arrives. The MP prevent unneeded Investigation into the causes of the movement of physical evidence, which can misconduct and the collection of background render the evidence useless. They rope off data are limited to essential information. entrances and exits and routes possibly used But MP may extend their investigation to by the suspect. They post guards to control include the conduct of the child’s military spectators near zones likely to yield physical sponsors if that conduct is dangerous or evidence. If needed, they reroute traffic. They cover fragile evidence and areas that could be harmful to the child. affected by rain, snow, wind, smoke, or direct MP on patrol respond to reports of crime. sun rays. And when investigators arrive, the The initial action by MP at a crime scene is to MP make all of their information look for victims and, if there are signs of life, immediately available. Knowing that render first aid. Everything else is secondary details are important, the MP who arrive to the welfare of the injured person. Only and secure the scene provide their when death of the person is established, do observations on any changes. PATROL METHODS AND MEANS MP patrol activities are coordinated by the patrol supervisors then take charge of MP officer or MPDO in charge of the MP dispatched patrol personnel. When two or station. Patrol personnel report for duty to a more patrol supervisors are directed to designated officer or noncommissioned operate in unison, the desk sergeant officer. The relief is formed and is reported to designates a leader for the operation. The the desk sergeant. The desk sergeant gives desk sergeant keeps patrol supervisors all personnel their specific duty advised of adjacent patrol operations and assignments. Personnel and equipment are foot patrol areas. This permits reinforcement inspected. Personnel are briefed by the duty of any areas if it becomes necessary. officer, the desk sergeant, or the patrol supervisor. MP assigned to traffic control There are many different ways to patrol. posts, gate duties, and foot and motor patrols The method or combination of methods is are briefed on the information they are based on statistical analysis conducted by authorized and expected to furnish. Maps the PM office. and informational material to enable them to answer questions not covered in their When setting patrol areas and routes, briefing are helpful. consideration must be given to– MP patrols are dispatched by the desk Mission of the patrol and directives and sergeant, desk clerk, or radio operator. The policies to be enforced.

84 FM 19-10 LAW ENFORCEMENT OPERATIONS

Billeting, transient, and resident of traffic regulations. Motor patrols must population centers. maintain constant communication with the Hours of operation of theaters, service MP base station. (See FM 19-4 for specific clubs, and community clubs. procedures for conducting combat patrols.) General information on any recent The type of patrol visibility required is criminal or mischievous activity. based on each activity’s vulnerability to Traffic patterns and frequent accident crime. Visibility objectives should be sites. established and “coded.” Post size and population density. Total mileage to be covered by the patrol. EXAMPLE OF PATROL VISIBILITY Location of adjacent military and civil CODES police patrols. CODE A Slow roll-by to be seen. Checks are Location of nearest medical facility, police made of areas such as theaters and station, and fire station. bowling centers, with the patrol Communications capabilities and limits. moving toward these facilities at Personnel available for patrol. closing time. Including patrol orders in patrol note- CODE B books at- the time of briefing: Park in a visible area; dismount and walk through the area. Checks are The means of patrolling usually depends made of hospitals, parking lots, and on operational needs and environmental like facilities during the 2300-2330 conditions. For example, MP can patrol change of shift. using mopeds, snowmobiles, or boats. Foot CODE C patrols provide intensive law enforcement in Park in a visible area; meet the potential or high crime areas such as– manager. Checks are made of Warehouses. facilities dealing with large amounts of cash receipts, or facilities located Family member quarters. in more isolated areas. Commercial establishments. Foot patrols check doors and windows for The kind of check each activity receives is security and signs of attempted or forced based on its code patrol checks. A feedback entry. Foot patrols enhance community form, completed by each activity manager relations by providing assistance to people and provided to MP operations, permits on a personalized basis. Use of foot patrols to adjustment of patrols and patrol areas. enforce off-limits policies enables the MP to monitor trouble spots and prevent offenses Motor patrol personnel must know how to from occurring. (See FM 19-4 for specific respond to emergencies that require procedures for conducting combat foot immediate and knowledgeable action. patrols.) Knowledge of how to request aeromedical assistance, emergency medical treatment Motor patrols provide highly mobile MP assistance, backup assistance and who can respond to a wide variety of law procedures on proper defensive tactics until enforcement and emergency situations. help arrives is important. Motor patrols operating in defined areas provide planned continuity of operations Unmarked vehicles may be used if needed and enhance the more intense coverage to provide limited warning of MP presence. provided by foot patrols. Motor patrols are The most effective use of unmarked vehicles also used for traffic control and enforcement is during operations.

FM 19-10 85 LAW ENFORCEMENT OPERATIONS

Aircraft patrols can be used when MP are Coordination of requirements with armed required to cover large, sparsely populated forces police detachments. areas where motor patrols are inefficient or Limitations of the Posse Comitatus Act as ineffective. Helicopters are normally used in it applies to local laws. performing aircraft patrols. All policies governing off-post law MP patrols may be supplemented by enforcement. courtesy or unit patrols provided by Published off-limits areas and commanders of units other than MP. These establishments as determined by the courtesy/unit patrols consist of NCOs who Armed Forces Disciplinary Control may wear brassards for identification. Board. (See AR 190-24.) Courtesy/unit patrols must rely on regular MP in securing crime scenes and Apprehension of personnel not on official questioning suspects. Courtesy/unit patrols business who are present in off-limits must not interfere or attempt to prevent establishments. apprehension of personnel who have Enforcement of curfews when established. committed an offense. The MP duty officer Trouble spots based on post data. will brief and debrief courtesy/unit patrols. Briefings will emphasize procedures for OCONUS OFF-POST PATROLS obtaining MP support, limits of authority, In overseas commands it is necessary that and any pertinent information concerning MP have a working knowledge of SOFAs the town area. Emphasis must be placed on and pertinent international laws as well as the procedure that courtesy/unit patrols deal local laws, agreements, and customs. All only with personnel from their unit; working agreements with host nations must however, information concerning personnel be reviewed by the SJA prior to from other units may be provided to the MP. implementation. Due to the language barrier it may be advisable to have an interpreter CONUS OFF-POST PATROLS fluent in the host nation language to assist In CONUS off-post patrols will normally in interrogations, investigations, and other not be employed. Where off-post patrols have operations. Due to host nation restrictions been established, the desk sergeant will brief the jurisdiction and authority change from patrol personnel on— locale to locale. PATROL DISTRIBUTION Efficient use of manpower and other minimal. But careful consideration must be resources is critical for effective patrol made based on the types of crime occurring operations. Essential to the success of patrol on the installation. Consideration must also operations is appropriate distribution of be given to backup requirements and the manpower. Supervisors must develop a experience level of assigned MP. distribution plan addressing both available manpower and the need for enforcement. How many work hours of patrol time are available to the PM in a 24-hour period? How Military working dogs can be an effective should these hours be distributed for the means of patrolling while reducing most effective patrol coverage? These are manpower requirements. (See Chapter 11 for two of the questions that can be answered more information on military working dogs.) using compiled data. One-man patrols conserve manpower. They are useful for emergency traffic control. And Patrol distribution equalizes the work load a one-man patrol can respond to complaints among patrol units. If the work load is if chance of contact with a criminal is unbalanced, one unit may spend its entire

86 FM 19-10 LAW ENFORCEMENT OPERATIONS shift responding to calls and completing which will require a unit to be dispatched? reports, while another is underemployed. Which calls will be referred to more Unequal work loads can also adversely appropriate agencies, such as Army affect MP morale. Equal patrol areas allow Community Service or the unit commander? personnel to spend roughly equal There must be a clear policy on the degree to percentages of their time between which patrol personnel handle crime responding to service calls and preventive investigations. Do they gather witnesses as patrol. well as secure the crime scene? The extent Standards for distribution will vary. On that patrol vehicles will become involved in one installation it may be the number of traffic control, investigation, and crimes or accidents, while on another it may enforcement must be decided. The building be the number of buildings to be checked. security tasks that will be accomplished by The geography of the installation will affect patrol units must be set. The time period that distribution plans. Railroads, bridges, and patrol personnel can be separated from their rivers must all be considered so that no area vehicle to accomplish these tasks must be is denied protection. set. The reporting responsibilities of patrol personnel must be delegated. Personnel must Response time is another factor to know what information and details must consider. Response time in most patrol areas appear in their reports. Even who will review should be minimal and about equal to other and type the reports and if the reports will be areas. The larger and more diverse the area, written in the station or at the scene must be the more difficult it will be to equalize the decided. And certainly, the priorities for patrol areas. assigning service call precedence if Distribution plans consider the varying insufficient patrol units are available must numbers of patrol units available for duty on be known. any one shift, depending on the number of PATROL DISTRIBUTION DATA units on each shift, adjustments are made in patrol area responsibilities. The PM has most of the data he or she needs to make a careful analysis of the past events occurring within a jurisdictional DISTRIBUTION POLICY DECISIONS area. Data that can be used to project future Policies must be developed to adequately as well as current police needs are often a distribute patrol force coverage. Which part of the normal receipt of complaints and services will be handled by telephone and the dispatching of patrols.

FM 19-10 87 LAW ENFORCEMENT OPERATIONS

The number of complaints received per can be made if it is known how the offenses month varies markedly during the course of a varied by day of the week and hour of the year. The complaints range from a high day over the past year. The PM may want to of 251 in August to a low of 124 in January. give additional “weight” to certain offenses, The monthly average of offenses is 167.17. such as assaults and robberies, compared to For the following January, a conservative lesser offenses, such as curfew violations. prediction would be that the number of Any patrol distribution plan must reflect the offenses would fall in the 124-251 offense logical requests for police service in the area. range, further defined by historical data for the month of January and the previous A 24-hour day, 7-day week is used to year’s average. Caution must be exercised in develop a frequency distribution table. The such predictions to consider any changes resulting data shows that a large percentage that might affect the rate of offenses, such as of crime/complaints occurs on Friday and unit transfers or increased troop strengths. Saturday. The pattern shows a low on Sunday of 10 percent and a high on A PM, knowing only dates and times that Saturday of 18.2 percent of all reported crimes or complaints have occurred, has crimes/offenses. Friday and Saturday limited information concerning the number accounted for 35.4 percent of all weekly of offenses or work load to be affected in offenses, Wednesday through Saturday for upcoming months. More precise projections 65.6 percent.

88 FM 19-10 LAW ENFORCEMENT OPERATIONS

Once the high offense days of the week are uncontrollable variations such as weather or known, the high offense hours of the day troop strengths. With this basic data, the should be determined. The assumption is distribution of the patrol force by shifts and made that prior patterns of offenses should days of the week becomes meaningful. occur in the future, subject to any

FM 19-10 89 LAW ENFORCEMENT OPERATIONS

COMPUTATION OF PATROL HOURS Construct columns showing the total This section describes a simplified patrol number of military police available and distribution plan. For illustrative purposes it the work hours available, and enter the will be assumed that the PM has 35 person- appropriate figures. nel available for patrol duty per 24-hour day, Determine the shift design to be used. or 1,400 work hours of available patrol Place the shift hours to be used in the far service per week. This figure is obtained by left column. Using the table showing multiplying the number of personnel by the complaint levels by day and hour, number of hours worked per week (35 times determine the percentage of complaints 40 equals 1,400 work hours). occurring during the different shifts, and place these complaint subtotals in a In this sample plan, days off, holidays, column immediately to the right of the and so forth are not considered. Each of the shift column, matching the percentage 35 personnel work an eight-hour day and a subtotals to the corresponding shifts. For five-day week. It may be desirable for the example, 20.4 percent of all complaints purposes of a particular PM office to project occurred from 0001 to 0800 hours. This into work hours available the leave time or percentage is obtained by dividing 410 other factors that reduce manpower complaints by 2,006 total complaints. availability. Disperse the total number of work hours The traditional 0001 to 0800, 0800 to 1600, of patrol service available by multiplying and 1600 to 2400 hours shifts were selected work hours available by the percentage of for this distribution plan. Local complaints received per shift. Enter the considerations may dictate different shift results in a column showing average work hours. hours (1,400 multiplied by 20.4 percent of The following information describes the complaints equals 286 work hours). Work manner in which the patrol distribution plan hours should be rounded to whole work- should be developed: hour weeks. In this example 286 work Take the percentages of complaints by hours is rounded to 280 work hours. day from the table that was developed to Divide this figure (280 work hours) by the show complaint levels by day and hour. 40-hour work week of each MP. The result Place these daily percentages at the is the number of MP required for the 0001 bottom of columns for each day of the to 0800 shift per week (seven MP in this week, Sunday through Saturday, in a new example). Repeat this procedure for the table for showing projected patrol remaining two shifts. Enter this data in distribution. the columns titled average work hours

90 LAW ENFORCEMENT OPERATIONS

and personnel available, opposite the In the example for projected patrol corresponding shifts. distribution above, note that 28 work The work hours are then distributed based hours have been assigned to Sunday on on the percentage of complaints received the 0001-0800 shift. As this converts to 3.5 per day of the week for each eight-hour personnel (28 work hours divided by 8- shift. That is, the average work hours of hour day), a decision will have to be made patrol service available is multiplied by on whether three or four personnel will be the percentage of complaints to obtain the assigned to the shift. In this instance, work hours of patrol service required. three persons were assigned duty (3 MP These computations are also made for the times 8 hours equals 24 hours). Four of the other two shifts. Any numbers that must 28 work hours must be transferred to be rounded are rounded up when the another day on the 0001 to 0800 shift. decimal place is 0.5 or greater. Work hours are not moved from shift to shift, only from day to day on the same 280(WORK HRS) X .10 (SUN) = 28 HRS REQUIRED shift. 280(WORK HRS)X .115 (MON) = 32 HRS REQUIRED This procedure is done for all remaining Having constructed a projected patrol days and shifts. At this point, the number distribution table, the data are now used of patrol personnel per shift on each day to develop a table showing the actual of the seven-day workweek has been patrol distribution based on eight-hour determined. Thirty-three personnel have increments. The computed work hours of been scheduled for duty. The remaining patrol service must be converted into two personnel will be used to replace working personnel. Increments of eight personnel who are on TDY or leave or in are used because each person works an the hospital. Or they will be used in eight-hour day. selective enforcement operations.

FM 19-10 91 LAW ENFORCEMENT OPERATIONS PATROL SHIFT DESIGN The shift arrangement worked by patrol However, such a plan can be implemented personnel determines to a large measure the only in a stabilized patrol shift environment. level of their morale, job satisfaction, and In establishing a shift preference plan, all effectiveness. Poorly designed rotational personnel should initially identify the shift shifts create confusion, fatigue, and turmoil. they want. Based on rank, time-in-grade, The number of shift patterns is infinite, so a and efficiency of operations, the shifts are satisfactory one can be designed for every established. Guidelines must then be set to installation. The shift pattern should be consider future requests for transfer to other responsive to MP operations. MP assets shifts. Merit, seniority, length of time on a, must be available when needed. Squad and particular shift, and discipline are some platoon integrity should be maintained, if standards that have been used to govern possible, under the same supervisory transfers in units using this plan. For the personnel. Patrol personnel should be fully most desirable shifts, a standing transfer list utilized. Nonoperational tasks such as may have to be established. painting, unit training, and maintenance are time-consuming, and, if not properly SPECIAL SHIFTS distributed, can overwork personnel. Occasionally it is necessary to temporarily increase the number of MP patrols for The methods used to design shifts are special events, for special operations, or for detailed. The shift design process must take selective enforcement. If the on-duty squad into account– cannot meet the added commitments, it must Analysis of the existing work schedule to be augmented. In doing so, one objective determine its effectiveness. should always be to minimize the loss of off- Determination of the MP and security duty time if possible. force staffing requirements. On-duty hours for regularly scheduled Allocation of personnel based on crime shifts can be increased so that they will and/or other analysis. overlap with the on-coming shifts for special Determination of the type of work situations. For example, on New Year’s Eve schedule that would best suit the needs of if the midnight shift reports for duty at 2200 the PM operation. hours and the evening shift is retained until 0200 hours, the number of patrols can be Regardless of which shift schedule is approximately doubled during the most designed, when possible, consideration must troublesome period. be given to shift preference of personnel. For further information on how to design a shift, An extra fourth shift can be formed to see the US Department of Housing and overlap two regular shifts. This fourth shift Urban Development Work Schedule Design does not have to be organized as a regular Handbook: Methods for Assigning squad but can be of whatever size the PM Employees’ Work Shifts and Days off. feels is necessary. It would be subordinate to regular shift supervisors. As an example, the SHIFT PREFERENCE PLAN PM desires to apply a selective enforcement Shift assignments can do much to campaign against drunk drivers. Most of motivate patrol personnel. Although some these offenses occur from 1800-0200 hours. shift patterns are based on squad integrity, He could employ a fourth shift of six MP incoming and assigned personnel can be organized into three patrols, working under rotated between squads. Personnel who the regular shift supervisor. This extra shift attend schools, who have family problems, would not have regular patrol areas but or who prefer working odd-hour shifts can would concentrate on gates, roads, and other have their work preferences considered. areas frequented by drunk drivers.

92 FM 19-10 CHAPTER 9 Conducting Searches And Seizures

The Fourth Amendment to the Consti- CONTENTS Page tution provides that the right of the people to DETERMINING SCOPE OF AUTHORIZED be free from unreasonable searches and SEARCH ...... 93 seizures shall not be violated. It also provides Authorizing a Search...... 94 that no warrants shall be issued except upon Determining Probable Cause ...... 94 “probable cause.” And without probable Reliability Test ...... 95 cause no search is admissible in a court of law Plain View ...... 96 unless it is incident to a lawful apprehension, DETERMINING ARTICLES SUBJECT TO conducted with the consent of the person SEARCH AND SEIZURE ...... 96 CONDUCTING ENTRY AND SEARCH TO searched, or is otherwise legal. PROTECT PERSONS OR PROPERTY ...... 97 There is probable cause to search when CONDUCTING AN IDENTIFICATION there are reasonable grounds to believe that SEARCH ...... 97 items connected with criminal activity are CONDUCTING AN AUTOMOBILE SEARCH .98 located in the place (room and barracks, pri- CONDUCTING AN AREA SEARCH ...... 99 vately owned vehicle, or quarters) or on the CONDUCTING A CONSENT SEARCH...... 100 person to be searched. MP must know and CONDUCTING A SEARCH OF ABANDONED understand search and seizure procedures to PROPERTY...... 100 CONDUCTING A TRASH AND GARBAGE function effectively within the law. CONTAINER SEARCH ...... 100 During raids MP must adhere to laws CONDUCTING A SEARCH OF PREMISES governing jurisdiction and authority, search WITHOUT RIGHT TO PRIVACY...... 100 and seizure, apprehension, and use of force in CONDUCTING A FIRE SEARCH ...... 101 order to ensure evidence obtained is ad- MAINTAINING STATUS QUO OR missible in court. MP must understand the FREEZING THE SITUATION ...... 101 procedures involved in obtaining a search CONDUCTING A BODY CAVITY SEARCH.101 warrant or authorization. Probable cause SEIZING BODY FLUIDS ...... 101 must be shown before getting a search CONDUCTlNG A FRISK ...... 101 authorization. The seizure of items for use as CONDUCTING INVENTORIES ...... 102 evidence is limited. The items must be CONDUCTING INSPECTIONS ...... 102 specified in the search authorization, or they CONDUCTING RAIDS ...... 103 must be in plain view; any illegal articles that Planning a Raid ...... 103 Determining Raiding Party Composition.105 are found are confiscated. Seized property or Determining Equipment Requirements. ..106 evidence is receipted. Receipting for seized Performing Reconnaissance ...... 106 property establishes its accountability and Executing a Raid ...... 107 chain of custody. DETERMINING SCOPE OF AN AUTHORIZED SEARCH Once authorization to search has been investigator has authority to search the obtained) the person conducting the search quarters of a subject, the investigator may must carefully comply with the limitations not search a car parked on the road outside. imposed by the authorization. Only those Likewise, if the authorization states that the locations described in the authorization may MP is looking for a 25-inch television, that be searched and the search may be conducted MP may not look into areas unlikely to only in areas where it is likely that the object contain a television, such as a medicine of the search will be found. For example, if an cabinet or file cabinet.

FM 19-10 93 LAW ENFORCEMENT OPERATIONS

An authorization to search for contraband general requirement that probable cause implicitly carries the limited authority to statements or the authorization to search be detain occupants of a home, apartment, or in writing, various commands or units may barracks room while the search is conducted. impose additional requirements. Strict Also, the MP may detain occupants leaving adherence to these requirements is man- the premises at the time the MP arrive to datory. The authorizing official must specify execute the search authorization. the place to be searched and the things to be seized. AUTHORIZING A SEARCH The commander may authorize the search DETERMINING PROBABLE CAUSE of a person or place under his command when To determine if probable cause exists, the there is probable cause to believe that items authorizing official will evaluate whether or connected with criminal activities are located not the information furnished to him is in the place or on the person to be searched. reliable and reasonably warrants his acting When time permits, the commander consults on the basis of that information. The overall the office of the SJA. A commander may not issue of reasonableness is composed of two delegate his or her authority to authorize a elements. The first is the source’s basis of search to another individual in the unit. knowledge, which may be established by– However, the power may devolve to the next senior person present when the commander is Personal observation. absent or when circumstances are such that Statement of the person or accomplice to be the commander cannot be contacted. searched. When there is a military magistrate or Self-verifying detail. judge on an installation, law enforcement Corroboration. personnel may obtain the magistrate’s or judge’s authorization to search, following the The basis of knowledge can be established procedures set forth in AR 27-10. Law en- by showing that the commander personally forcement personnel can also seek the com- observed the criminal activities himself, or mander’s authorization. Federal magistrates that he is basing his authorization on the fact have powers similar to military judges but that a third party personally observed the are limited in area and authority by their criminal activity, that this fact has been respective district court. related to him, and that such information has been corroborated or substantiated. AR 27-10 sets out the procedures for In the drug area, personal observation obtaining an authorization to search. must also include facts indicating there is a Information in the form of statements, either basis for belief that what was seen were drugs written or oral (and which can be transmitted (that is, the commander has had a class on by telephone or radio), must be presented to a drug identification, or the third party has had commander, magistrate, or military judge. It a class on drug identification or has fur- is not mandatory that these statements be nished reliable information in the past as to sworn, but an oath may be required by the the particular drug in question). authorizing official and, in a close case, an oath may be the factor which determines The commander or the person seeking the admissibility. The authorizing official will authorization from the commander may have then decide, based upon the statements, trustworthy information that items con- whether or not probable cause to search nected with criminal activities are located in exists. Once the authorizing official deter- the place to be searched based on information mines that probable cause exists, the official obtained from a statement of the individual will issue either an oral or a written authori- to be searched or an accomplice of the zation to search. Even though there is no individual to be searched.

94 FM 19-10 LAW ENFORCEMENT OPERATIONS

One way to pass the basis of knowledge test Demeanor of the individual furnishing the is by showing that the tip was so detailed that information to the commander. the information must have been obtained as a result of a personal observation by the infor- Statement of past reliability. mant or from a statement of the defendant or Corroboration. an accomplice. The best example of when a Statement from victim or eyewitness of tip is self-verifying is the one the Supreme offense. Court used in Draper v. United States (Illinois v. Gates, 1983; Massachusetts v. Declaration against interest. Upton, 1984). Information from other law enforcement officials. In the above case, the arresting police Information obtained from senior NCOs officer had received a tip from an informant and above as a result of being passed that the defendant had departed Denver, through the chain of command. Colorado, to travel to Chicago. The informant (1) said the defendant would return by train When the information is personally given on 8 or 9 September; (2) described the to the commander—not by an MP, but by the defendant’s physical appearance; (3) third party who obtained the information— indicated that the defendant would be the commander can judge the individual carrying a tan zipper bag; (4) said the source’s reliability at that time. In many defendant walks with a fast gait; and (5) said the defendant would be carrying heroin. cases the individual may be a member of the Before making the arrest, the arresting police commander’s unit; thus, the commander is in officer verified facts 1 through 4. the best situation to judge the credibility of the person. Even when the person is not a The court indicated that the tip was so member of the authorizing commander’s detailed that it could conclude that the unit, it is an eyeball-to-eyeball situation in informant obtained his information in a which the commander can question the trustworthy manner, such as by personal individual and determine the consistency of observation or a statement of the defendant statements made by the individual. The or a combination of the two. eyeball-to-eyeball situation may either lend When the can verify a number to or detract from establishing credibility. of the items listed in the informant’s tip, the The same is true when the individual is a conclusion is that the other items in the tip member of the commander’s unit. Again, the must also be true. The best example of commander’s personal knowledge of the corroboration is, again, Draper v. United informant can lend to or detract from States. A number of courts have indicated establishing credibility. Corroboration and that the Draper situation could apply to not demeanor of the person are particularly only train stations but airports or important when questioning first-time rendezvous-type situations with automobiles. sources with no established record of past In the case of an anonymous tip, this reliability. corroboration is extremely important and may be essential to a finding of probable One of the easiest methods for determining cause. reliability is to know that the informant has proven reliable in the past. There should be Reliability Test some indication as to the underlying The commander must also be satisfied as to circumstances of past reliability—such as the credibility of the person furnishing the this informant has furnished correct information. This has been called the information three times in the past about reliability test and may be established by one wrongful possession of a particular type of or more of the following: drug, naming the drug.

FM 19-10 95 LAW ENFORCEMENT OPERATIONS

The person furnishing the information to The commander or MP can lawfully USACIDC and then to the commander may apprehend or search during a lawful, hot furnish information that is against the pursuit. They also may lawfully apprehend person’s penal interest—such as he is aware or search while conducting an investigation he is admitting an offense, and he has not at a unit or office premises. been promised any benefit. Thus, he may be prosecuted himself. This lends a great degree Listed are a few of the places where the commander or MP can lawfully apprehend of reliability to the information furnished. or search. Obtaining information from other law enforcement officials through normal Areas of public or private property channels gives a presumption of reliability normally accessible to the public or to the concerning the information. This factor public view. comes into play when the desk sergeant puts Any place with the consent of a person out an all-points bulletin. It is not necessary empowered to give such consent. for the apprehending MP to personally Any place pursuant to an authorization to obtain the information from the source. Of search the particular place. course, the original source of the information must satisfy the reliability test. Any place where the circumstances But this determination can be made later dictate an immediate police response to and need not be made by the MP who protect life or prevent serious damage to received the all-points bulletin. In other property. words, reliance on another MP is considered Any place to effect a lawful apprehension, to be reasonable. The same is true for such as business, home, on the street, or in reliance on the report of the victim of a a vehicle. (In the absence of exigent crime. Remember if acting on the basis of an circumstances, a prior authorization is anonymous tip, corroboration of the required to apprehend someone in a information may be essential to a finding of private residence.) probable cause. While on patrol, an MP may observe an Plain View item in a parked car; or while making a An MP who is lawfully in any place may, routine spot check of a vehicle, the MP may without obtaining a warrant or a com- notice something that will aid in a criminal mander’s authorization, seize any item in prosecution. The MP may seize that item. plain view or smell which he has probable When an MP is lawfully at a place to make cause to believe is contraband or evidence of an apprehension, he may not examine the a crime. This is so even if the seizable item is entire premises solely to look for evidence. not related in any way to the crime that the With an apprehension authorization, an MP MP is investigating. Seeing an item in plain may go to the on-post quarters to apprehend view in proximity to an individual may an individual for an offense. While standing justify an apprehension or further search of in the foyer of the quarters, the MP may see the same area or another area. some item that will aid in a criminal An MP may use binoculars, flashlight, or prosecution. He may seize the item that is in some cases, a ladder or stool. The same visible from the foyer. He may not, without rationale that applies for plain view also invitation, go to the other rooms of the applies for plain smell. house.

DETERMINING ARTICLES SUBJECT TO SEARCH AND SEIZURE Items can be subject to seizure when search conducted under a commander's specified in a legal search warrant, during a authorization, or during an otherwise lawful

96 FM 19-10 LAW ENFORCEMENT OPERATIONS

search. All seized items should be clearly During a lawful search, any evidence marked with the initials of the person relating to crimes other than that specified making the seizure and the military date and by the search warrant or search time. While it may be desirable to seize authorization may be seized, provided it is in property in the presence of the accused, it is plain sight during the search or in a place not mandatory; however, a DA Form 4137 where the specified evidence could must be issued and the chain of custody reasonably be found. maintained. CONDUCTING ENTRY AND SEARCH TO PROTECT PERSONS OR PROPERTY A commanding officer or noncommis- pursued is apprehended, the search will be sioned officer may search government limited by the search incident to property used in connection with assigned apprehension rules. duties (such as desks and filing cabinets located in an individual’s assigned office or When the person pursued is not found on building) to look for contraband or property the premises, the MP may search the held in a representative capacity. Any premises for evidence of the suspect’s evidence found in the desk may be identity or the location to which he is fleeing admissible at a trial. if it is unknown. An MP may make a warrantless entry into The hot pursuit rule will apply when the any premises whenever he has reason to MP receives a report of an armed robbery or believe that it is necessary to prevent injury rape and shortly thereafter receives the to persons, to prevent serious damage to description of the person who has committed property, or to render aid to someone in the offense, and pursues the suspect, at danger. which point the suspect enters a quarters on While on patrol in the housing areas or post. He and the other MP may enter the barracks area, an MP may hear sounds of a building (for example, quarters or house) fight or cries for help coming from a and search wherever the suspect may be building. Upon hearing these sounds, he hiding. may enter the building to prevent injury or An MP may go to the on post quarters of damage. Once the danger or emergency an individual when the MP has been notified conditions have ceased, he may take only the of a domestic disturbance. At the particular necessary steps to carry out the purpose of house, the officer will try to quell the the original entry. disturbance, and if the MP views any An MP, who is pursuing a person who he contraband or any other item which he has probable cause to believe is armed and reasonably believes to be evidence of has just committed a serious crime, may criminal activity, these items may be seized. enter a vehicle or building believed to have Additionally, the disturbance may be such been entered by the suspect and may search as to give the MP a basis for apprehending the multiple dwelling unit or vehicle for the one of the individuals at the home. person or any weapons that might be used to Thereafter, a search incident to the further his escape. Once the individual apprehension may be conducted. CONDUCTING AN IDENTIFICATION SEARCH An identification search applies to an inca- effects of any person who appears to be pacitated person or to an unsecured or stolen incapacitated, to learn either the cause of the vehicle. An MP may examine the personal incapacitation or to identify the individual.

FM 19-10 97

161-016 O-94-7 LAW ENFORCEMENT OPERATIONS

When MP are called to a barracks, they not have a visitor’s pass, the MP may search may find an individual unconscious because the vehicle for identification. of an overdose of prescription drugs or a prohibited substance. The MP may gain If while searching the unsecured car, the entry to the room and call for medical help. owner of the vehicle is identified, the person After the call for medical help, the MP may making the search for identification will search the immediate area and the personal attempt to contact the owner and ask him to effects of the individual to obtain evidence of secure his vehicle in the future. If while identity. The MP may also search the looking for identification evidence of a crime immediate area to determine what is found, the evidence may be seized and substance was used to overdose, so medics may lead to appropriate action against the can treat the illness properly. individual for criminal conduct. An MP on patrol at night may observe a If the owner of the vehicle cannot be car in a parking lot after the establishment determined by looking for identification, the has closed. If someone is observed in the vehicle should be secured temporarily by the vehicle apparently unconscious, it is proper MP, and an attempt should be made through for the MP to open the vehicle, learn if the all available means to determine the owner individual is unconscious, notify a doctor, or if the vehicle was stolen. and then obtain evidence of the identi- fication either from the individual or from In some states license plate numbers may the car itself. not be stored in a computer. It may be difficult to determine whether or not a An MP who finds a vehicle unsecured— vehicle is stolen unless the identity of the one that is registered on post or has a owner can be determined immediately. visitor’s pass and is capable of being secured—will secure the vehicle, leaving a When the MP is permitted to make a note that the individual who owns the search for identification, the scope of the vehicle should secure it himself next time. If search is limited to areas such as glove the vehicle registered on post cannot be compartments and consoles where owner secured, the MP will attempt to learn the and vehicle identification are normally kept. identity of the owner by first calling the PM The scope of the search may also include office if time permits and, if not, by reading documents that are lying in searching the vehicle for identification. If open view inside the car. Once identification the vehicle is not registered on post or does has been established, the search is ended. CONDUCTING AN AUTOMOBILE SEARCH An apprehending MP may make a Where there has been a stop of an warrantless search of the interior of a car at automobile, the MP stopping the automobile the time and place of apprehension if there is may make a protective search of the probable cause to apprehend one of the passenger compartment of the automobile if occupants. The scope of the search can be the MP possesses reasonable suspicion that extended to the entire automobile if there is the vehicle contains weapons potentially probable cause to believe there is evidence in dangerous to the MP. Whether or not the trunk or under the hood. The warrantless reasonable suspicion exists depends on the search need not take place where the same factors discussed later for a frisk of an apprehension of the occupant took place if individual. The investigative search extends there is a valid reason for conducting the to those parts of the passenger compartment search at another place such as at an MP in which a weapon may be placed or hidden. station. Just because there is a stop of an automobile

98 FM 19-10 LAW ENFORCEMENT OPERATIONS does not mean the MP may conduct an An individual may be stopped for a traffic investigative search. offense, and the MP may see items in plain view such as drugs or drug paraphernalia or When an individual is stopped for a evidence of other crime. This would give the robbery that has occurred on post and the MP probable cause to believe that other driver is apprehended on post and taken to evidence is located in the vehicle. Thus, the the MP station, the car may also be taken to vehicle can be searched there or it can be the MP station. If the robbery has recently taken to the MP station where a search of the taken place, there may be probable cause to entire vehicle may be made. If the car was believe the car contains evidence of the not in motion prior to the owner being taken robbery, and it may be searched at the MP into custody, and there is no likelihood of the station, even though there is no vehicle being removed by a third party, a authorization from the commanding officer search warrant should be obtained to search to search the vehicle. the vehicle..

CONDUCTING AN AREA SEARCH If an offender has left the scene, an information can be forwarded to units in the adequate number of MP teams should be field by radio or other means of detailed to participate in an area search. An communications as it is made available. area search is conducted by using the quadrant method. The area to be searched is An area search may be conducted by using divided into four equal pie-shaped wedges a motor vehicle or setting up a fixed post. Or radiating outward from the crime scene. One a foot search may be conducted. When or more units are assigned to each quadrant. conducting a motor vehicle search patrol The search is begun at the outer perimeter of personnel remain in their vehicles and the quadrant. Units search inward toward conduct a rapid area search of fields, the crime scene using a zigzag pattern. It is parking lots, sidewalks, large throughway recommended that units overlap each other’s alleys, and roads. They are limited in their patterns to ensure complete area coverage. ability to search because they are conspicuous in a patrol vehicle and thus easily avoided. Also, they are unable to search in detail behind bushes, in doorways, and so forth. Fixed posts are useful at intersections or other vantage points on possible escape routes. These positions can be either single vehicles or formal roadblocks. When conducting a foot search the patrol vehicle is parked, and the search is carried out on foot. Personnel conducting such a search should stop frequently and The search for the offender continues until listen for sounds of the offender. Trees, an apprehension is made or the search is bushes, and other concealment should be abandoned. used to protect approaching searchers from In initiating a search, speed is important. being seen by the suspect. Personnel in the Patrol personnel should not wait until a area should be questioned. They may have complete description of the offender and/or seen the fleeing suspect or strange vehicles vehicle is obtained. They should in the area. Foot searches can also be immediately deploy with the information initiated to find witnesses and to look for available and start the search. Further evidence.

FM 19-10 99 LAW ENFORCEMENT OPERATIONS

CONDUCTING A CONSENT SEARCH An MP who wishes to make a search that mere acquiescence to authority. A refusal to is not otherwise authorized may do so if the consent to search, like evasive answers to a person or persons in control of the immediate question, may arouse suspicion, but this area or object to be searched voluntarily give evasiveness is not enough to amount to their consent. To ensure that the consent is probable cause to search. When you have the voluntary, the MP should warn the subject’s consent, you may continue with the individual of his intent to search. Ideally the search without authorization. A pitfall of individual’s consent would be in writing. consensual search is that it may alert a suspect and permit him time to dispose of “I have no authorization to search. I evidence or to escape from the installation. would like to search you or a particular place. ” One question a subject may ask is, “What happens if I do not consent to search?” The answer should be that appropriate action If the person consents to a search, it will be will be taken. If the subject persists, tell him a voluntary waiver of his Fourth Amend- you will apply for a search authorization. Do ment rights. It must be voluntary and not not tell him you will get one. CONDUCTING A SEARCH OF ABANDONED PROPERTY MP lawfully in any place may, without While on patrol an MP may apprehend an an authorization to search, recover any individual for a traffic offense. Prior to the abandoned property and examine its vehicle coming to a complete halt, with the contents for seizable items. While on patrol offender in it, he notices the offender MP may observe an abandoned vehicle on throwing a small envelope from the vehicle. an isolated road. It is proper to search the The MP may recover the envelope and seize vehicle for any items that may be seized. any objects inside. CONDUCTING A TRASH AND GARBAGE CONTAINER SEARCH MP lawfully in any place may, without not located in the driveway of the on-post obtaining authorization to search, examine quarters. Thus, the garbage cans located on the contents of a trash or garbage container any street near the curb may be searched that is not located next to on-post quarters or without authorization to search. CONDUCTING A SEARCH OF PREMISES WITHOUT RIGHT TO PRIVACY MP may, without authorization, object to a search of his former room. search any premises to which a suspect no Additionally, when an individual has left longer has a right of possession or has the guest house and has not returned for two demonstrated a lack of intention to return or three days, and has not provided some An individual who has been a resident of intention of returning, that room may be the guest house, but who has checked out searched. Any items found will be ad- earlier in the day, has given up the right to missible in court.

100 FM 19-10 LAW ENFORCEMENT OPERATIONS CONDUCTING A FIRE SEARCH After a fire in private quarters, the fire emergency is when there is an immediate marshal and MPI may investigate the cause threat that the fire might rekindle. of the fire so long as the fire fighters are still When the premises are completely present performing their duties. Once this destroyed, investigators may return at any investigation is discontinued and the MP time to investigate the cause of the fire. and the fire fighters leave the scene, the MP Additionally, when fire officials leave may not return unless an authorization to because of darkness and smoke, they may search the premises without consent has return within a reasonable period to been obtained or it is an emergency. An continue their investigation. MAINTAINING STATUS QUO OR FREEZING THE SITUATION In some instances, probable cause may not with the crime or that he knows what exist without further investigation, or the weapon was used, but he will not tell the MP MP may want to seek advice from a SJA. In where it is located. If the husband has been such situations, the MP may want to hold a legally apprehended or is consensually at house, room, or automobile in a status quo. the MP station and there are no children in the family, the MP may want to place notices Assume the husband has taken his spouse out on the premises that no one will be to the hospital because of a gunshot wound. He implies that he may have been involved allowed to enter without MP permission. CONDUCTING A BODY CAVITY SEARCH Under certain situations, a search of body with the SJA is recommended before cavities may be permitted. Coordination conducting a body cavity search. SEIZING BODY FLUIDS An individual may consent to giving a the evidence. An order for the individual to blood or urine sample. Nonconsensual give blood or to collect a urine specimen is extraction of blood and urine may be made permissible if done as part of a lawful pursuant to a search authorization. inspection. Nonconsensual extraction of blood or urine The voluntary and involuntary extraction may be made without such an authorization of blood or urine must be done by a medical only when there is a probable cause that specialist, physician’s assistant, medical evidence of crime will be found and when the delay that would result if an authorization doctor, or other person who is authorized to were sought could result in the destruction of collect samples. CONDUCTING A FRISK An MP may frisk any person whom he has stop—whenever a reasonable suspicion to lawfully stopped when the MP reasonably frisk arises. suspects the person is carrying a concealed A number of factors may be examined in weapon or dangerous object, and the frisk is determining whether or not there is necessary to protect the MP or others. The reasonable suspicion that the individual is frisk may be conducted immediately upon armed and that the frisk is necessary for the making the stop or at any time during the protection of the MP or others.

FM 19-10 101 LAW ENFORCEMENT OPERATIONS

Listed are a few factors that may give Time of day. grounds for a frisk: Purpose behind the stop. Appearance. Companions of the person stopped. Actions. If, while conducting a frisk, an MP feels an Prior knowledge of the individual stopped. object which he reasonably believes to be a Location of the stop and whether or not it weapon or dangerous item, he may seize this is a high crime area. object. CONDUCTING INVENTORIES A commander may direct an inventory of is space at the place of apprehension, the an individual soldier’s property when the vehicle may be secured there; however, if soldier is absent from the unit on ordinary or there is no place to secure the vehicle, it will emergency leave or when hospitalized. If the be impounded at the PM office and in- commander or his designated representative ventoried. discovers items that would aid in a criminal prosecution, these may be seized and used as When a person is apprehended for DWI as evidence. A commander or his designated he pulls into his quarters parking lot, there is representative also may conduct an no reason to impound the vehicle. However, inventory of the property of an individual if a person is apprehended on one of the outer who has been placed in military or civilian roads of the post and there is no place to secure the vehicle and there is a possibility confinement. that items may be stolen, the vehicle should When an individual is apprehended for be impounded at the PM office and in- driving while intoxicated or is a subject ventoried. (AR 700-84 and DA Pam 600-8 under apprehension which involves contain more information on conducting transportation to the PM office, the vehicle inventories of personal clothing and of the individual will be secured. When there property.) CONDUCTING INSPECTIONS The commander has the inherent right to may aid in a criminal prosecution. These inspect the individual barracks in which items may be seized. The inspector may only individual soldiers are housed to ensure the look in those areas that will enable him to command is properly equipped, functioning achieve the purpose and scope of this properly, and maintaining standards of inspection. When inspecting for food or readiness, sanitation, and cleanliness, and flammable products, such as lighter fluid, he to ensure that personnel are present, fit, and may look in cigar boxes or other suitable ready for duty. containers. Such an inspection may include an Normally a commander will conduct examination to locate and confiscate periodic security checks to ensure that wall unlawful weapons and other contraband if lockers and footlockers are locked. If the the primary purpose is to determine if the commander or his representative conducts a unit is functioning properly, is maintaining security inspection and notices a wall locker standards of readiness, and is fit for duty. or footlocker unlocked, he may take the This inspection may also include an order valuables from the locker secure them in the for the individual to collect a urine specimen. unit supply room until the individual returns A commander conducting an inspection to the unit. If, while removing the valuables, for these reasons may find items he believes the person conducting the inspection sees

102 FM 19-10 LAW ENFORCEMENT OPERATIONS items that would aid in a criminal 2 Military Justice Reporter 31 [Court of prosecution, these may also be seized. Military Appeals, 1976]). The commander has the right to conduct a If the commander is looking for evidence search for weapons after a unit has been of a specific crime, or suspects that an firing on the range and has returned to the individual or group of individuals have unit area and found a weapon missing. drugs in their possession but does not have Under these circumstances the commander probable cause for such a belief, he may not or his designated representative may use the inspection of the unit as a subterfuge conduct a search of all persons who were on for a search of the individual or group of the range and others who were in a position individuals. Subterfuge normally takes to steal the weapon, to include their living place when a commander or MP “feels” an area and private automobiles. individual has contraband in his possession’ or living area but not enough information to Under no circumstances may an in- amount to probable cause and uses an spection or inventory be used as a subterfuge inspection of the type previously mentioned for a search (United States v. Roberts, in this section to search for the contraband.

CONDUCTING RAIDS A lawful raid is a surprise, legal invasion by the Posse Comitatus Act to participate in of a building or area. A raid may be made to a raid, MP or USACIDC special agents may apprehend offenders, to obtain evidence of help identify persons or property seized. If illegal activity, or to recover personal or US military personnel are apprehended in a civil government property. Occasionally this raid police raid, they may be released to is made to prevent the commission of a crime observing MP or USACIDC special agents or to confiscate contraband. without formal receipt. A raid must be justified. It must have a A raid must be coordinated with units and clearly stated purpose. The authority to agencies that will be affected by the raid or conduct a raid stems from and is justified by that can add to the raid’s success. having probable cause. Probable cause for a Coordination with the SJA helps ensure that lawful raid comes from information obtained the results of a raid can be used in court. In through , registered/confidential the interest of security, however, coordi- sources, criminal intelligence, or other nation is limited to that which is essential. sources. The time of the raid should be selected, if possible, to ensure minimum interference Raids are conducted by the agency that from heavy traffic and allow rapid has jurisdiction of the case. This agency will movement to ensure the presence of subjects have mission responsibility and may be and illegal items. augmented by other agencies based on the reputations of those being raided. PLANNING A RAID Military authorities authorize and conduct To be successful raids must be planned. raids in areas under military control. Civil Plans must include not only team compo- police conduct all raids in areas not under sition, equipment, and operational concept, military control. Military authorities can but also any special arrangements that must request that civil police conduct a raid if be made. And alternate plans should be enough justification exists. And MP or developed. The raiding party can switch to USACIDC special agents may accompany the alternate plan on prearranged signals if civil police as observers. Although forbidden the original plan goes awry.

FM 19-10 103 LAW ENFORCEMENT OPERATIONS

A raid plan should be concise, simple, Support forces. flexible, and should generally follow the The effectiveness of a raid depends largely steps used for planning an operations order. upon specific planning and preparation It must be based on sound tactical concepts including use of criminal intelligence. and should be adaptable to any contingency. Essential to the effectiveness of any raid is A raid is planned in detail with each the speed and surprise with which it is member of the raiding party briefed on the— executed. Although some raids must be staged with a minimum of planning and Objective of the action. preparation, the factors of proper coordi- Number of offenders and their names, nation, manpower, and equipment to include descriptions, injuries, and so forth. special weapons must not be overlooked. Act the offender is suspected of Essential factors in planning a raid are— committing. Mission. Reputation, background, characteristics, and mental state of the offender. Opposition expected. Hostages or other bystanders involved Items to be searched for or seized. and their descriptions. Composition of raiding party. Location of the offender (apartment, floor, Orientation of personnel. room number, window, and so forth). Position and role of each member. Offender and if he is armed, and, if so, the type of weapon and amount of Planning time can be reduced by following ammunition if known. an SOP. The SOP contains checklists to help Physical layout of the operation (sewers, planners. And it gives guidelines for skylights, adjacent buildings, type recurring raid factors common to all construction; for example, wood, brick, successful raids. These factors are surprise, and so forth). speed, simplicity, superiority, and safety.

104 FM 19-10 LAW ENFORCEMENT OPERATIONS

Surprise keeps subjects from organizing personnel reduces the hazard of injury to or resistance to the raiding party and from death of innocent persons. Every raid destroying or concealing evidence. It keeps member must be able to recognize all mem- them from escaping or helping other subjects bers of the raid party. In multiorganizational escape. And it lessens their chances for raids, distinctive clothing, like raid jackets, suicide attempts if they are so inclined. The can clearly identify raiding party members. subjects of the raid must not know they are Each member of the multiorganizational targets until the operation begins. The fewer raiding party must be familiar with all people who know a raid is planned, the aspects of the operation, as well as his or her greater the likelihood of surprise. Once the own mission. raid begins, it must be carried out with speed and precision. The time of the raid must be DETERMINING RAIDING PARTY planned to fit the circumstances. The best COMPOSITION time to carry out a raid is when few uninvolved people are about. Raids are often The raiding party’s composition is conducted at daybreak. The element of determined by the situation and the surprise is usually on the side of the raiding resources available. There is no set number party at that time of day. of people or teams who should make up a party. A suggested organization, which can be modified as needed, is composed of a raid Speed of execution is vital to the success of commander; entry, security, prisoner, a raid. And speed can only be obtained if, reserve, and medical teams; and their from the planning stage onward, all commanders. Sometimes participants have and know their specific respective assignments. Thus, simplicity of the plan is specially detailed persons or teams augment a key factor for a well-organized raid. the raiding party. For example, a chemist or Raiding party instructions must be clearly a special dog handler team may accompany stated. And they must be easy to carry out. the basic party. The raid commander has the overall Superiority in manpower and equipment responsibility for planning and conducting a can make the difference between a raid’s raid. Raid commanders are selected for their success or failure. Superiority comes from experience and leadership ability and for knowing and exceeding the subject’s their knowledge of the situation. Team capabilities. The need for superior commanders are responsible to the raid manpower or maneuverability dictates the commander for the supervision of their number of members used in the raiding respective teams. They, too, are selected for party. And superiority of firepower is experience and leadership ability. A reserve desirable in any raid situation. If criminals team commander is usually named as the know the raiding party is better armed than assistant raid commander. He assumes they are, they are less likely to resist. If command of the raiding party if the criminals are armed as well or better than commander is injured. A chain of command the raiding party, they may believe they is established for the raiding party and have a chance for escape and thus offer within each team. greater resistance. The entry team is the maneuver element. It Safety must have a high priority in any enters the target area to make apprehen- MP operation. Danger is inherent in any sions, as needed, and/or recover property. raid situation. The raiding party must be The entry team may have a recorder, a thorough, cautious, and safety conscious. photographer, and an evidence custodian. Speed must not be gained at the expense of The recorder makes notes of events, and safety. Using trained and experienced property recovered during the raid.

FM 19-10 105 LAW ENFORCEMENT OPERATIONS

The photographer complements the record- munitions must be obtained from the ers notes with photographs of items or installation commander. The raiding party events. The evidence custodian assembles, must have protective masks. And wind tags, and receipts for the evidence or prop- direction, traffic, and population density erties seized. must be considered. Type of munitions must The security team provides cover for the be considered. For example, using burning- entry team. It also seals off possible avenues type munitions in wood structures can cause of approach and escape. fires. The reserve team reinforces or assists Effective communications are a must for a wherever needed. Part of this team may stay successful raid. Natural voice, visual, and mobile for use as a pursuit unit. If the reserve radio communications give the raid com- team is not needed for its basic purpose, it mander control over his various elements. At can augment processing and help control the a minimum, the raid commander and each raid site. team leader need a radio. Members of the security team occupying likely avenues of The prisoner team enters the building or escape also need radios. (Radio equipment area after it is secured. It takes charge of must be checked before use. Use of relays prisoners apprehended by the entry team. may be necessary.) The prisoner team must be aware that the entry team does not make a complete search Hand and arm or whistle signals are often of the prisoners at the time of apprehension. used to direct movements, such as when to begin the raid. Visual and sound signals The medical team should include a doctor should be backed by radio communications. if possible. The medical team normally The reverse is also true. The local telephone remains with the reserve team. The medical system can be used as well. The important team treats injuries incurred by members of point is to have an alternate means of the raiding party or subjects of the raid. communication. One method is not enough.

DETERMINING EQUIPMENT PERFORMING RECONNAISSANCE REQUIREMENTS If time permits, the raid commander Equipment is selected to suit the raid’s performs a reconnaissance of the building or purpose and the expected degree of oppo- area to be raided. He may have photographs, sition. Special equipment like public address maps, blueprints, or sketches collected to systems, night-vision devices, and drug supplement visual observations. And he detector dogs are carefully chosen. Too much may consider covert operations to gain equipment can slow the raiding party. Too entrance to help develop his raid plan. little equipment can hamper the raid’s effectiveness. When performing a recon, the MP look for The raid commander selects the weapons the best route of entry to the target. They to be used. He considers the subject’s arma- check for vantage points and patterns of ment, the terrain of the neighborhood, and occupants of the area. And they note points the degree of resistance expected. He ensures offering observation and fields of fire for the that MP armed with special weapons are raiding party and/or the occupants. proficient in their use. When reconnoitering a specific building, If riot control munitions are used, they MP may enter only if doing so will not must be planned for. (See FM 19-15 for compromise the raid. MP can obtain - specific procedures for use of riot control prints from the facility engineer to gain a agents.) Clearance to use riot control thorough knowledge of floor plans and

106 FM 19-10 LAW ENFORCEMENT OPERATIONS interior arrangements of a building. MP can This identification is difficult at night note the doors and windows, their because visibility is limited. Command and construction, and the direction in which they control are also harder at night. And the open. They can note likely exits and chance of injury to police personnel, entrances to include emergency doors and subjects, and innocent bystanders is greater. fire escapes. They seek interviews with Special situations result when females and reliable persons who are responsible for or juveniles are present or are the subjects of a who have previously entered the area. And raid. If it is believed females will be they identify persons who may or will be in apprehended during a raid, arrangements the building. They spot the location of must be made to have them searched and activities in the area; for example, MP may attended by a female MP who is assigned to note the placement of dice and card tables the raiding party. When juveniles are the used for gambling. They also assess likely subjects of a raid, care must be taken to use problem areas. minimum force. Plans must be made to process them separately from adult EXECUTING A RAID offenders. And they must be maintained No two raids are alike. But many raids are separately until they are released to their based on similar types of information and parents or transferred to juvenile facilities. follow similar sequences of actions. If a covert agent is operating within the Night raids are more hazardous than subject group, he should be advised to be daylight raids. In many civil a absent at the time the raid will take place. If night raid must be justified to a magistrate. he cannot be absent, he must be appre- The magistrate must be convinced that the hended during the raid or given a plausible purpose of the raid could not be achieved means of escape. If apprehended, his later during the daytime, perhaps because the disposition will depend upon the situation, subject would not be at home. This legal his mission, and his prior identification as a restriction is not written into military law. covert agent to the local police. The identity But the principle applies. The law supports and description, if possible, of the covert the point that a raid should be announced agent should be given to all members of the and the raiding party should clearly identify raiding party to prevent any accidental themselves as MP before the party enters. shooting of the covert agent.

FM 19-10 107 CHAPTER 10 Conducting Apprehensions

M ilitary police must be prepared to take CONTENTS immediate, coordinated action at the scene of Page a crime. This action sometimes involves AUTHORITY TO APPREHEND ...... 108 apprehension. MP must be familiar with APPREHENSION OF JUVENILES ...... 109 standing operating procedures, laws of MEANS OF APPREHENSION ...... 109 apprehension, use of deadly force, handling Cordon ...... 110 and custody of evidence, and crime scene Pursuit ...... 110 protection. In cases involving felony crimes, Contacts and Stops ...... 110 procedures are prearranged for notifying the EXECUTION OF AN AUTHORIZATlON USACIDC office and other law enforcement TO APPREHEND...... 111 agencies. Prompt investigation can often aid SEARCH IN RELATION TO AN in the swift apprehension of offenders. APPREHENSION ...... 112 AUTHORITY TO APPREHEND MP and civilian guards or police employed citizen’s arrest on and off the installation. As by the Army have the same authority to the authority for the citizen’s arrest is the law apprehend. Their authority is derived from of the local jurisdiction and not AR 600-40, the installation commander’s inherent any variance between it and AR 600-40 authority to maintain order on the should be made clear to all concerned. installation. AR 600-40 affirms that— Limited authority exists to apprehend All members of the military have the persons not subject to the UCMJ. This does ordinary right of private citizens to assist not mean these offenders go unpunished. If in maintenance of the peace. This includes administrative measures are not sufficient, the right to apprehend offenders. Citizen’s action may be taken as provided in AR 27-40, arrest power is defined by local law. In which sets forth procedures for filing exercising this power, care should be taken complaints with US magistrates. not to exceed the right granted by law. Service members also must be familiar In applying the law authorizing appre- with the limits imposed upon military hensions in the capacity of a private person, personnel by the Posse Comitatus Act. the following terms must be understood: The restraint of the person imposed under A felony is any offense punishable by the provisions of AR 600-40 will not exceed death or imprisonment for more than one that reasonably necessary, nor extend year. beyond the time required to dispose of the A misdemeanor is any offense not a felony. case by transfer of custody to civil authority or otherwise, under the law. A breach of the peace is a public offense where violence or the threat of violence is The laws of most jurisdictions are causing or likely to cause an immediate relatively clear on the arrest authority of disturbance of public order. Any act which peace officers. They are also somewhat involves the use of force or the threat of obscure on the authority of private immediate use of force towards the person individuals. The SJA should be asked to or property of another is a breach of the conduct a survey of local laws relating to peace.

108 FM 19-10 LAW ENFORCEMENT OPERATIONS

A private person is any person other than a Generally, it is restricted to felonies and peace officer or police officer, whether he is breaches of the peace. or is not a citizen of a particular state or area or resident therein. The authority of a The phrase “in his presence” means that private person to make an apprehension an act occurs within range of any of the may be broadened under local law. person’s five senses.

APPREHENSION OF JUVENILES Juveniles may be apprehended under the The initial interview of a juvenile is conditions set forth in AR 600-40. Upon normally done by the MP immediately after apprehension, MP will follow normal apprehension. During the initial interview, apprehension procedures and SOPs and will the parents are read the youth’s legal rights, notify juveniles of their legal rights and the acquainted with the facts of the suspected offense for which apprehended. offense, and given an appointment to meet with the juvenile officer as soon as is The authority of MP on an installation, as practicable. After the MP duty officer or duty far as juveniles not subject to military law are investigator has conducted the initial concerned, is derived from the installation interview, the youth will be released to the commander’s inherent authority to maintain parents. If a major offense such as rape or order on the installation. armed robbery is involved, the initial The general authority placed upon the interview is deferred to the appropriate installation commander by Army authorities who have jurisdiction. The regulations gives that commander broad juvenile will be released to civil authorities powers to create policies and publish for detention upon completion of the initial regulations governing the conduct on post of interview. See FM 19-20 for more detailed civilian and dependent juveniles. The discussion of interviewing juveniles. installation commander may authorize the Juveniles may be referred to legal state MP to make a citizen’s arrest when more juvenile courts. An MPI may refer a juvenile serious criminal offenses are committed whom he apprehends in the course of on a military reservation by a juvenile. unlawful activity, takes into custody via a Since state laws may vary regarding complaint, or apprehends as a result of an citizen’s arrest power, the SJA is ongoing investigation. consulted for guidance. DA Form 3997 will not list names of Immediately upon arrival at the MP juvenile subjects, their parents or sponsors, station, the offender’s parents or guardians or the juvenile victims of such offenses as must be notified of the apprehension. Parents rape or child molestation. Refer to AR 190-45 or guardians must also be told of the for detailed procedures. The desk blotter must juvenile’s rights and the offense for which indicate that the person is a minor with apprehended. protected identity.

MEANS OF APPREHENSION The need to apprehend an offender can apprehension. A plan of action for each type occur with little warning. It can happen at of apprehension is immediately available to any time. Speed in erecting barricades, the desk sergeant. The plan considers the redeploying patrol units, and performing placement of temporary roadblocks, similar actions are necessary for rapid checkpoints, and methods of alerting patrol

FM 19-10 109 LAW ENFORCEMENT OPERATIONS

units. It considers decisions on when to use a high-speed pursuit. Pursuit of an armed lights and sirens. It considers traffic control robbery suspect is normally warranted. The in the operations area. It considers location dangerous pursuit of traffic violators is and employment of specialized equipment much less justified. Lights and sirens are and communications requirements. It always used in pursuits. Normally only one considers evacuation of bystanders and the vehicle will use a siren. When two apprehension of offenders at the scene of the emergency vehicles approach the same crime. It considers the pursuit of armed intersection from different directions, the suspects and area searches for suspects and sound of each siren tends to mask that of the witnesses. It considers coordinating with other. This increases the chances of the other military, federal, and civil law vehicles colliding. enforcement agencies. And it considers securing crime scenes for investigators. Emergency and pursuit vehicles are exempt from most traffic regulations. A CORDON pursuit is never carried to the extent that the Patrols converging on the scene of a crime safety of bystanders or the MP is endangered. may establish a hasty cordon. Reserve MP do not operate military vehicles in a personnel, temporary barricades, and other reckless manner during pursuits or partici- devices are used by MP to complete the pate in unlawful pursuits. If necessary, the encirclement of the area. All personnel pursuit is terminated. stationed along the cordon prevent entry of Pursuit cutoff speeds are set based on local unauthorized persons. A separate force is policy. The same speed on a range road would normally used to accomplish the actual be excessive in a housing area. Other vehicles apprehension. All cordon MP are given a are not passed on the right. If a driver does description of the person, vehicle, or property not see the MP vehicle approach until it is sought. Action is not delayed to await very close, he may instinctively pull to the accurate, detailed descriptions. right to allow it to pass. This could cause a Checkpoints and barricades are used when serious accident. Intersections must be fugitives are known to be proceeding along a approached with caution as not everyone definite route or in a definite direction. This hears or heeds warning lights and sirens. helps to block their escape. MP never fire weapons from a moving PURSUIT vehicle. Bystanders could be hit with missed Formal written arrangements between shots and ricochets. MP in pursuing vehicles military and local civilian police are required keep the MP station constantly advised of for “hot pursuits.” These agreements set their location and direction of travel. This forth procedures to be followed and will allow a multiunit pursuit to be initiated limitations imposed on hot pursuits. These and coordinated. agreements provide for mutual assistance during pursuits. MP must not leave their CONTACTS AND STOPS jurisdiction without written arrangements. An MP or commander must conclude that Hot pursuit is a direct, continuing pursuit an apprehension or stop is justified. If not, with the immediate probability of communication with a person begins with a apprehension. When apprehended, the same contact. Contacts and stops are similar search may be made as is authorized for any actions but have differences. (See Chapter 5.) lawful apprehension. MP must stop any person they reasonably Because of the danger involved in high-speed suspect has committed, is committing, or is pursuits, specific guidance is provided. MP about to commit a crime. This action must be policy specifies types of offenses that justify in a place the MP has a right to be. Both

110 FM 19-10 LAW ENFORCEMENT OPERATIONS pedestrians and occupants of vehicles can be record? What is the person’s reputation on stopped. If a soldier who is stopped is a post or in the unit? suspect and is to be questioned, the MP must Demeanor during contacts. Does the read him his Article 31 rights. person act evasive or suspicious or The term “reasonable suspicion” cannot be knowingly give false information when precisely defined. The stop must be based on questioned? This behavior may be a basis more than a hunch. The MP must be able to for a stop after the initial contact. state specific facts for his decision to stop the Area of the stop. Is the person near an area individual. Factors to be used in determining known for the commission of certain reasonable suspicion are— crimes? Is it a high crime area? Personal appearance. Does the person Time of day. Is it a very late hour? Is it generally fit the description of the person usual for people to be in the area at this wanted for a known offense? Does he time of day? Is it the time of day when appear to have a recent injury? Does he criminal activity of the kind suspected appear to be under the influence of alcohol usually occurs? or drugs? Police training and experience. Does the Actions. Is he running away from an MP making the stop have the training to actual or possible crime scene? Is he determine if the pattern of conduct sets a otherwise behaving in a manner to modus operandi for that type of crime? indicate possible criminal conduct? Source of the information. Can sources of Prior knowledge of the person. Does the information be used to establish probable person have an arrest or conviction cause?

EXECUTION OF AN AUTHORIZATION TO APPREHEND MP must have a search warrant to enter a believed that the individual to be third party’s residence to execute an apprehended has committed the offense. All apprehension. When MP are not authorized commissioned officers, warrant officers, to apprehend there must be an emergency petty officers, noncommissioned officers, situation or consent must be given before MP and DOD police officers and guards may may enter private quarters, bachelor officers’ apprehend persons when there is probable quarters (BOQ), and bachelor enlisted cause for such apprehension. quarters (BEQ), on or off post, to apprehend. Timeliness of the information is a key Authorization is not needed to apprehend in factor in proving probable cause. For barracks; however it is encouraged. example, we may have reliable information A commander, military judge, or from an informant who has proven reliable magistrate may authorize an apprehension in the past. He obtained his information 30 at private quarters, BOQ, or BEQ. The days ago by personal observation. The fact authorizing official must have jurisdiction to that the offense was committed 30 days ago order such apprehension. There is no and was based on personal observation from requirement to have both an apprehension a reliable informant gives us probable cause and a search warrant unless the authorizing to apprehend. It does not give probable official has found both probable cause to cause to search an area under the exclusive search and probable cause to apprehend. control of the offender. If a small quantity of There is probable cause to apprehend when drugs was seen in the offender’s possession there are reasonable grounds to believe that 30 days ago in the company billets, this an offense has been committed. There also is would not give probable cause to search the probable cause to apprehend when it is billets today. There would be no basis to

FM 19-10 111 LAW ENFORCEMENT OPERATIONS believe that the drugs are still present. knowledge test and reliability test must be However, a basis for apprehension and for a satisfied in determining the existence of search incident to the apprehension still probable cause. exists. Additionally, both the basis of

SEARCH IN RELATION TO AN APPREHENSION During an apprehension the suspect is If a person is stopped for speeding and MP subject to a full search of his person. The see him make a motion to place something search is lawful only if there is probable under the front seat or grab something from cause for making the apprehension. Any under the front seat, it is permissible to frisk search has both time and geographical the person and check the immediate area. If, limits. During the apprehension, or when issuing a traffic citation or making an immediately afterwards, the MP must tell apprehension, MP view items in plain view the suspect he is being apprehended and that they believe are evidence of a crime, state the specific offense. The apprehending they may seize, these items even though they MP may search not only the suspect but also are not on the person or in the immediate the area immediately around the suspect. area. Searches are limited to the area in which a Prior knowledge of past violent behavior person can reach a weapon or destroy may provide justification for searching an evidence. This includes any distance from individual. Under unusual circumstances, which a weapon could be reached by a search of the individual and the immediate sudden lunge, leap, or dive from where the area can be made at a different time or place. suspect is. One reason for doing this is that a If a driver or passenger in an automobile is potentially unruly crowd may have gathered placed under apprehension, a search of the where the initial apprehension took place. closed and locked trunk is not justified as The search could not be conducted at the incident to that apprehension. But the MP time and place of apprehension for security may search the passenger compartment of reasons or for crowd control reasons. the automobile. This includes all containers Lighting conditions are another valid found in the passenger compartment. reason. (“Containers” denotes any object capable of Information gathered at the time of holding another object.) This search may apprehension may indicate that seizable also include closed or open glove items are on the premises and in immediate compartments or consoles. Other receptacles danger of destruction, concealment, or located anywhere within the passenger removal. In this case the MP may compartment, such as luggage, boxes, bags, immediately search for and seize these clothing, and so forth, are subject to search. items. Normally, MP do not make a full search of When an apprehension is made at a a traffic offender. However, if the offender person’s on-post quarters, the apprehending leads MP to believe he may be armed or a MP makes a cursory view of the premises to threat to the MP’s safety, the person may be see if other people are present who may frisked. If MP believe the offender is impede the apprehension. If, while making concealing evidence of a crime, then MP the cursory view, other items come into plain have probable cause to search the offender view that would aid in a criminal and the offender’s car. prosecution, these items are also seized.

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A person who is apprehended at his When there has been a lawful appre- quarters or place of business may have to hension and the person has been taken obtain wearing apparel or a change of to the MP station or the person consented to clothing for a stay at the detention cell. If go to the MP station, the following actions the apprehended person requests permission may be compelled: to gather other things to bring with him, the MP may search the immediate area where Fingernail scrapings if there is probable the additional materials are located. This is cause to believe that such scrapings will done to protect the apprehending MP and to aid in a criminal prosecution. prevent the destruction of evidence. The MP Fingerprints. may not, however, move the suspect Voice exemplars. throughout the home simply in order to search other rooms. Handwriting exemplars. Bite plates to identify teeth marks when When an apprehended person has no there- is probable cause to believe that reasonable expectation of privacy, the such evidence will aid in a criminal apprehending MP may make an inspection prosecution. of the entire area. For example, an MP is investigating a break-in of the auto crafts The rights warning is not required to take shop. He finds the door jimmied and enters these actions as the individual is not being to find an individual in the garage. The MP interrogated and is not being asked to make can inspect the entire crafts shop, looking a statement. The Fifth Amendment only for other evidence of a crime. This is because covers “testimonial communication” and the suspect cannot have an expectation of not the physical display of the body or privacy in the crafts shop. similar actions.

FM 19-10 113 CHAPTER 11 Employing Military Working Dog Teams

M ilitary working dog teams support a CONTENTS variety of MP operations. They are used in peacetime environments to extend MP Page resources. And on the battlefield MWD PATROL DOG TEAMS ...... 114 teams can support MP tactical units In Peacetime Environments...... 115 involved in all MP missions. The MWD In Combat Areas...... 116 teams can prove an additional asset for NARCOTICS DETECTOR DOG TEAMS. . .116 security measures. MWD teams can be used EXPLOSIVES DETECTOR DOG TEAMS....117 to help MP deter and detect the enemy. In peacetime MWD teams make a valuable Installation PMs can enhance the contribution in the detection, investigation, effectiveness of law enforcement operations or prevention of criminal activity. by employing MWD teams. PATROL DOG TEAMS The functions of MWD teams focus on the pursue, attack, and hold any intruder who skills of the dog. The patrol dog is the basic attempts to avoid apprehension or escape Army MWD. All of the MWD employment from custody. Releasing the dog constitutes concepts that have been developed revolve the conscious application of physical force. around the basic skills of the Army patrol Patrol dogs may be released to apprehend an dog. Some patrol dogs may subsequently be intruder who is suspected of committing a trained in additional skills, such as tracking, serious offense and tries to escape or use narcotics detection, and explosives deadly force. detection. Patrol dogs must be used cautiously in The decision to employ patrol dogs must be confrontation situations, since their weighed carefully by the responsible presence could aggravate a situation. Unlike commander to be sure that if patrol dog people, a patrol dog does not fear an armed teams are committed, all lesser means of person and, if fired at, will pursue and force have been reasonably attempted and attack. A patrol dog handler who is have failed. PMs, security officers, or MP confronted (for example, in a club or housing commanders will establish procedures area) avoids entering a building or a closed governing the release of patrol dogs area alone with the patrol dog. The handler consistent with Army use of force policy (see withdraws safely from a confrontational AR 190-12 and AR 190-28). situation and then immediately reports the Patrol dog teams are not generally used for incident to his supervisor so that necessary traffic control or accident investigation actions can be taken. duties. If exceptional circumstances require Patrol dogs are not to be used for crowd that they perform these duties, the dog is control or direct confrontation with secured in the vehicle. The patrol dog is demonstrators unless determined to be trained to perform the primary function of necessary by the responsible commander. detecting the presence of unauthorized Use of patrol dog teams for direct personnel and warning its handler. The confrontation with demonstrators is not secondary function of the patrol dog is to recommended. The duty of the MP is to

114 FM 19-10 LAW ENFORCEMENT OPERATIONS

prevent escape or effect a lawful apprehension areas. Patrol dog teams used to escort and of a person engaged in a criminal act. In a safeguard funds may deter some people from crowd situation, there is no certainty that a attempting to rob the courier. patrol dog will attack, pursue, and hold the person against whom the dog has been Giving patrol dog teams a mobile released. Therefore, under no circumstances capability significantly increases their will dogs be released in a crowd. potential area of coverage and allows the teams to perform a greater range of Using patrol dogs in dependent housing or functions during a duty shift. The team is in the vicinity of troop billets helps deter normally unaccompanied, but other MP may criminal actions. The team has the ability to go with the team when the need arises. move quickly from one area to another, but actual patrolling of housing and billet areas Mobile patrols are most effective when the is done mostly dismounted. patrol dog team uses the ride-awhile, walk- awhile method. The team is able to help IN PEACETIME ENVIRONMENTS cover a large patrol area, and the periodic exercise helps to keep the dog alert. A patrol dog team may be used on gate duty or other entry control functions. The The patrol dog team can check buildings dog’s primary function is deterrence and visually while patrolling by vehicle. The protection of the handler. Use of MWD teams patrol dog team can also stop and dismount for entry control, however, is not so the handler can physically check doors recommended because of the high volume of and windows. To take maximum advantage traffic, the large number of distractions, and of the dog’s scenting ability, the handler the reduction of the handler’s ability to approaches buildings from downwind. maintain positive control over the dog. To check identification or to apprehend, If circumstances necessitate using MWD the handler always warns the person that if teams at entry control points, the dog is not he or she displays any hostility to the patrol confined inside a gate house where it cannot or to the handler, the dog will attack without respond to its handler if needed. Further, the command. Once the handler has been MWD team will need to be frequently moved alerted by the dog, it becomes the to other duties to keep the dog alert and responsibility of the handler to cope with the proficient. situation in the most appropriate manner. The primary function of a patrol dog team Frequently, the appropriate action is to keep on a fixed post is surveillance over an area or the intruder or area under surveillance until building. If used outside, the team is located other MP personnel can arrive. After an downwind where the dog can detect an apprehension, a search is always done with intruder by scent, sound, or sight. If this is the patrol dog in the guard position. A not possible, the team is located so an backup MP patrol is used to transport intruder can be detected by sight and sound. apprehended personnel. When used inside, the dog depends mostly on Dog teams are useful to detect and his hearing. Other MP maybe used with dog apprehend thieves and vandals in vehicle teams on fixed posts. parking lots. Also, the presence of the patrol The patrol dog’s contribution to the law dog team may deter potential acts of theft enforcement effort is most effective when the and vandalism. The team can be most team is used on foot patrol. Some of the law effective by alternating between vehicle and enforcement duties that a patrol dog team foot patrol in a parking lot. During hours of can do as a walking patrol include checking darkness, when there is no activity in a or clearing buildings and patrolling parking parking lot, the team approaches the lot lots, family housing areas, and troop billet from the downwind side.

FM 19-10 115 LAW ENFORCEMENT OPERATIONS

If a building is open or forced entry is assigned patrol dogs are good trackers and evident, patrol dog teams may be used to use the best patrol dogs for tracking track hidden intruders from point of missions. penetration to their location. In responding IN COMBAT AREAS to an alarm at facilities such as clubs, finance offices, or banks, the patrol dog team MWD teams provide support for crime should be among the first MP on the scene. prevention and law enforcement activities. MWD teams may be employed in routine When the need for tracking arises, patrol duties in heavily populated areas with personnel who are on the scene avoid the safety and efficiency. They can be used to area and keep other personnel from entering support police operations in searching crime the tracking area. This will reduce scenes. They can track fleeing saboteurs. contamination of the area with extraneous They can clear buildings of sympathizers or or confusing scents. stay-behind pilferers. They can also apprehend criminal offenders. MWD teams The dog begins tracking as soon as can perform perimeter security duties at possible because success often depends on isolated activities. Patrol dogs may be the strength of the available scent. The employed on fixed security posts or in passage of time, wind strength, and other conjunction with security patrols. MWD environmental conditions will affect the teams can protect ammunition supply points strength of the scent. Human scent adheres and critical resupply areas. They can protect well to grass and brush which can improve bridges, railway marshaling areas, and the chances of success. Paved or gravel areas airfields. They can work with MP security and strong scents such as fertilizer, burned units at remote communications sites and at grass, or spilled oil or gasoline impede the isolated MP circulation control points. They tracking ability. Human scent remains are also highly useful in cordon and search longer on cool, moist ground. Direct operations. In fact, on the battlefield just as sunlight, extremely dry ground, or heavy in a peacetime environment, MWD teams are rain dissolves scent rapidly, making useful wherever the dogs’ highly developed tracking more difficult. senses of smell and hearing can be used to The methods used to track lost personnel, detect the presence and location of otherwise especially children, are different from those invisible intruders or enemy. (The use of dogs used to track a fleeing suspect. Only dogs in the vicinity of petroleum, oil, and lubricant who have been trained to track successfully points must be infrequent and of short for lost personnel are used, to avoid any duration because of damaging effects on danger of harming innocent persons. paws and to sense of smell.) In addition explosives detector dogs have been trained to Not all patrol dogs have been trained to discriminate the scent of explosives. They track. Among the dogs trained to track, not may be used in detecting, tracking, and all have the same tracking ability. The searching buildings, aircraft, and vehicles to kennel master must know which of his protect government property and personnel. NARCOTICS DETECTOR DOG TEAMS The abuse of drugs by military personnel, particularly to the military community from their dependents, and civilians, who may those who sell or abuse drugs. enter military areas for work, business, or recreation, presents a continuing problem for Narcotics detector dogs serve as effective the Army. Every effort must be made to investigative tools for trained personnel in reduce the potential danger to society and detecting narcotics and other contraband

116 FM 19-10 LAW ENFORCEMENT OPERATIONS

and will be employed under the supervision apprehension and possible criminal of such personnel. The dog handler with his prosecution of offenders may be involved. detector dog form a detector team. The use of well-trained narcotics detector Commanders and supervisors should work dogs is one of the most efficient means of closely with the command SJA to ensure that detecting the possession or transportation of drug detection operations achieve objectives dangerous drug contraband The narcotics and comply with legal requirements. detector dog is trained through a program of Whenever the operational situation may practice and reward to recognize the scent of result in the apprehension and possible drugs such as marihuana, hashish, heroin, criminal prosecution of offenders, the cocaine, and other related substances. When procedural and record-keeping requirements the narcotics detector dog locates any of defined in AR 190-12 apply to narcotics these substances, the dog will alert its detector dog teams. handler. Court decisions and changes to existing The use of narcotics detector dogs during a laws and policy frequently alter the methods health and welfare inspection must be and procedures that must be followed for authorized by the installation commander or proper narcotics detection programs. a commander having control over the Handlers must learn and apply the rules of personnel and property to be inspected. There evidence, search and seizure, and the are several legal considerations in using the procedures for collecting and preserving narcotics detector dog since the evidence.

EXPLOSIVES DETECTOR DOG TEAMS

Few other criminal acts create such Evacuation of the area may or may not be concern and fear in the hearts of a nation’s ordered by the responsible commander or his citizens as a series of bombings. It is no designated bomb scene officer. But the area coincidence that organized crime and must be evacuated if the EDD team is being terrorist groups routinely use explosive used to perform the initial search. The area materials as a means of achieving their must be evacuated to minimize the violent goals. Whether the objective is distractions to the EDD team and to reduce murder, intimidation, extortion, or the risk to area occupants in the event of an governmental disruption, the bomb is a explosives detonation. The advantage of favorite and effective weapon of the criminal using the EDD team to conduct the search is element. One of the most effective that the EDD handler has specialized countermeasures to the use of explosives is knowledge of explosives and explosive the deterrent value and the detection devices and search techniques. capabilities of the EDD team. EDD teams fill three distinct roles in MP operations in Public knowledge that EDD teams are addition to their routine use as patrol dog assigned to and are used at an installation teams. acts as a deterrent to persons who may try to The type of threat received and local policy use explosives illegally on the installation. determine the initial actions to be taken in The knowledge that, explosives can be response to a bomb threat. The procedures detected by EDDs at installation gates or in used during training rehearsals for bomb places where explosives have been hidden threats will be used during actual bomb can prevent a person from attempting to threats. bring explosives onto an installation.

FM 19-10 117 LAW ENFORCEMENT OPERATIONS

The most common use of EDD teams, and one or more items which may have been probably the most important, is to search hidden in an area. areas or buildings against which a bomb The most frequent tasks performed by threat has been made. A well-trained EDD EDD teams are in response to bomb threats team can conduct a significantly more against military or civilian resources. The effective search of any area or facility than general requirements for providing EDD almost any number of people. However, when team support to civil authorities is stated in persons who work in the specific, threatened AR 190-12. However, many units are also area are available to identify unfamiliar using EDD teams in random searches at objects, planners should consider their entry control points, for inspection of troop contribution to an EDD search. If the dog and family housing areas, and for checks of alerts during an actual search, explosives aircraft and aircraft areas; sensitive or high ordnance disposal (EOD) personnel are value equipment storage areas; and mail, immediately notified of the location of the baggage, freight shipments, and so forth. alert. EOD will dispose of any suspect devices The expanded use of EDD teams for these or objects. Using EDD teams also helps to functions presents many of the same legal reduce the potential risk to persons who problems for explosives searches that are would otherwise have to do the search characteristic of narcotics detector dog team without benefit of the dog’s superior sense of searches for drugs. Whenever the operational smell. Neither the MP nor any other person situation may result in the apprehension and attempts to move, open, or tamper with any possible criminal prosecution of offenders, object suspected of being an explosive device the procedural and record-keeping unless they have been specifically trained to requirements defined in AR 190-12 apply to do so. EDD teams. However, compliance with procedural requirements is not to be an EDD teams can be useful in many obstacle to protecting life and property. The investigations involving almost any type of EDD handler is always prepared to establish weapon, ammunition, or explosive. They are the EDD team’s credibility with training, particularly useful if there is a need to locate utilization, and proficiency records.

118 FM 19-10 CHAPTER 12 Enforcing Customs Laws and Regulations

I n some locales MP may be called upon to CONTENTS enforce US customs laws and regulations. Page MP may be tasked to visually inspect both MILITARY CUSTOMS INSPECTORS...... 120 incoming and outgoing mail at local Army CUSTOMS OPERATIONS PROCEDURES..121 post offices for customs violations. MP may be aided by military narcotics or explosives or written customs declarations as detector dogs in performing these customs required. inspections. Mail containing narcotics, Conduct searches of vehicles, luggage, explosives, or other contraband is processed and any other property being imported or in accordance with directives issued by exported by US forces personnel. Department of the Army. Seize contraband items that are in MP may be required to operate control violation of customs regulations. In all posts and border patrols and to supervise cases where property or contraband is crossing points at international borders. seized, DA Form 4137 will be prepared in Many countries control the movement of four copies. military personnel and civilians at their MP customs personnel concern themselves borders. is maintained for with individuals subject to military reasons of security, customs and tariff authority who enter or leave an enforcement, protection of the civilian international port or control point of a host economy, and apprehension of criminals, country. Members of US forces may be absentees, and persons of intelligence referred to MP customs inspectors by host interest. Control is maintained through the country authorities for partial or final border establishment of authorized road or rail processing. crossing points, border patrols, control posts, MP in HNs may be tasked to enforce and, if feasible, liaison with authorities of customs laws and regulations in support of neighboring countries. Prohibited or local government officials. US military restricted zones are often used to help control enforcement of customs laws of countries in circulation at borders. which US forces are stationed is often part of In border control, MP normally coordinate agreements like the NATO SOFA between with host country police, the United States and the host nation. Under units, and civil affairs units. Border control agreements MP enforce customs laws of the posts and patrols are also furnished border host country with respect to US forces alarms. They are to watch for individuals or personnel and their dependents. MP help— items that may be involved in criminal and customs offenses. Normal procedures for Prevent the illegal sale or transfer into the checking personnel, luggage, vehicles, and local economy of US forces’ goods which documents at border crossing points include enter the country free of customs duty and the following requirements for MP customs taxes. personnel: Authenticate and issue customs import documents to members of the US forces Establish the identity and purpose of US for importation of personal property forces members crossing borders and (except for hold baggage or household examine vehicles and travel documents. goods which enter as official consign- Instruct US forces members to make oral ments of the US forces).

FM 19-10 119 LAW ENFORCEMENT OPERATIONS Issue permits to transfer customs/duty-free counter personnel). Safety and security personal property to nonmembers of US requirements, however, are enforced by the forces. MP customs inspectors. Verify the status of retired US forces US military customs personnel assigned to personnel residing in the country so that duty at ports and control points are granted these personnel, who are not members of authority to apprehend and detain any the US forces as defined in the SOFA, person subject to the UCMJ who— may apply to the host country customs authority for customs certificates. These Avoids, or attempts to avoid, a customs certificates entitle them to purchase items inspection. in commissaries and post exchanges Fails to make a declaration required by without payment of import duties or taxes. law, or who is suspected of making a false declaration. Work with host country border police and customs agents to prevent import/export Conceals, or attempts to conceal, any violations by members of the US forces. property’ or goods from a customs inspection. At overseas airports MP customs personnel may be tasked to provide customs Illegally enters, leaves, or attempts control. They may make customs and illegally to enter or leave any area under antihijack inspections for all outbound US control or HN control. military and civilian personnel and family MP custom inspectors must be familiar members and accompanying baggage with the various types of US passports and pending departure on Military Airlift other identification documents that are Command (MAC) charter aircraft. They are shown to them at ports of entry and border also tasked to prevent contraband, crossing points. AR 600-290, AR 640-3, and unauthorized weapons, and illegal drugs AR 630-5 provide pertinent information. and narcotics from being introduced into Command directives may also provide CONUS or the HN. special requirements, such as the US Army, The enforcement of administrative MAC Europe (USAREUR) requirement, that a regulations is beyond the scope and range of “Certificate of Status” be stamped in the MP customs inspector duties (for example, passports of dependents of members of the oversize baggage is rejected only by MAC US forces or civilian component.

MILITARY CUSTOMS INSPECTORS DOD Regulation 5030.49-R provides for passengers, enhances enforcement, and the selection and training of military fosters a favorable image of the MP. Before customs inspectors. These inspectors check assuming MP customs inspector duties, household goods and hold baggage and personnel are trained and oriented to certify them as customs-processed. They recognize various types of narcotic drugs. function under the supervision of designated (See FM 19-20 for a detailed discussion on commanders and in close cooperation with drugs.) Customs inspectors also receive Transportation Corps personnel. They are annual refresher training and daily trained and certified by the MP customs briefings before assuming shift duty. units which also monitor and spot-check As questions and special situations arise, their operations. A friendly and courteous all MP customs inspectors refer unresolved attitude by MP customs inspectors is problems to their respective squad leader, required for all public contact. Such an the field office NCOIC, the detachment com- attitude promotes the cooperation of mander, or group headquarters, as required.

120 FM 19-10 LAW ENFORCEMENT OPERATIONS

Information is available so that on-duty engaging in actions to circumvent controls customs personnel can contact supervisory of customs checkpoints. personnel on a 24-hour basis. MP customs supervisory personnel will When personnel are apprehended, MAC observe the influx and circulation of counter personnel are notified immediately. passengers to detect suspicious or evasive Removal of Army personnel from a flight for actions. a felonious act or for suspicion of a felonious The technique of spot-checking is act is coordinated through the MAC and the employed when necessary at the baggage Army Aerial Port Liaison Office. Air Force checkpoint and whenever appropriate at the personnel or other service personnel personnel checkpoint. Calculated, rather committing felonious acts or suspected of than random, judgment must be applied. committing such acts are referred to the Air Many factors must be considered. For Force . Aggravated or example, hijackers often display uncorrectable offenses will be cause for the nervousness and may attempt evasion at offender to be cited on DA Form 3975. checkpoints. The neat, orderly-looking soldier is less suspect of carrying Military personnel who refuse to submit contraband than the sullen or boisterous themselves or their baggage for inspection one. Talking to a passenger undergoing will be ordered to comply. If they continue to customs processing is essential to detect refuse, MAC counter personnel will be nervousness or evasion. Experience, notified, an offense report issued for alertness, and the application of good violation of Article 92, UCMJ, and the judgment are the keys to proper enforcement offender released to proper service police for techniques. return to unit or origin. Civilian personnel An amnesty box is made available to all who refuse to have themselves or their passengers and crew members for deposit of baggage inspected will be advised that prohibited or nonadmissible articles prior to refusal can cause them to be deleted from the inspection/examination. Transactions MAC aircraft passenger manifest. If they involving the amnesty box will not be continue to refuse, MAC counter personnel challenged. In addition, personnel are made will be notified, a written report issued aware that the box can be used to discard concerning the incident, and the civilian explosives. In such an event, or if a concerned will not be allowed to pass the suspicion exists, the area must be checkpoint. immediately cleared and Air Force and EOD Detailed searches will be performed on all representatives notified. The routine personnel detected to be in possession of emptying of amnesty box contents will be prohibited drugs, prohibited items, accomplished in the presence of authorized contraband, unregistered weapons, and/or personnel in strict accordance with command personnel attempting surreptitious entry or directives, maintaining detailed inventories.

CUSTOMS OPERATIONS PROCEDURES

Five MP customs inspectors are A baggage checkpoint and a personnel considered ideal coverage at an average size checkpoint are established within the main airport. One of the five MP inspectors should airport building to process passengers and be a female to facilitate the search of female their accompanying baggage. The baggage passengers and hand-carried baggage. checkpoint is located near the entrance door.

FM 19-10 121 LAW ENFORCEMENT OPERATIONS

All personnel who enter the main processing in the issuance of an offense report and area of the passenger terminal are required subsequent disciplinary or administrative to pass this checkpoint. Emergency doors action. providing bypass capabilities will be kept The personnel checkpoint will be located closed and posted to preclude unauthorized at the entrance of a customs exclusion area. passage. The purpose of the checkpoint is to The checkpoint will be opened upon detect and prevent baggaged contraband announcement by MAC personnel that from being stowed in the cargo compartment processing for a specific flight is initiated. of the aircraft. The purpose of the checkpoint is to detect All passengers presenting themselves for contraband on the person or within items to baggage inspection are asked if they have be handcarried aboard the aircraft. The any weapons, contraband, prohibited items, checkpoint provides a last, formal, or prohibited drugs. Declared items are then predeparture, antihijack security check. examined for proper documentation. Personnel will be required to enter the Firearms and ammunition must be listed on customs exclusion area through curtained orders and have all required treasury and booths. Their identification cards and customs forms or a certificate of prior passports will be checked. They will be given CONUS possession attached. They must a body frisk or required to pass through a then be repacked in baggage to be stowed in metal detection device as appropriate. the cargo compartment of the aircraft. Small Personnel in possession of prohibited drugs arms ammunition must be packed or weapons and explosives will be individually in complete lots and must not apprehended and MAC counter personnel exceed 1,000 rounds. Drugs must be notified. consistent with prescriptions and be in Baggage which is offered for customs reasonable quantities for use only during inspection will be thoroughly examined for pending trip and related leave. Any contraband, prohibited items, prohibited contraband, prohibited items, or prohibited drugs, and weapons. Probes may be used to drugs will be seized, a receipt given, and an help detect prohibited drugs. Discovered offense report rendered. Personnel who contraband, prohibited items, prohibited surrender prohibited drugs or explosives will drugs, concealed weapons, and US be apprehended. government property, including undeclared, unregistered firearms equipment, will be When possible all cargo compartment seized if no proof of ownership is produced baggage is inspected. Under no during customs checks. A receipt will be circumstances will the customs checking issued and disposition accomplished in procedure be the cause for delay in loading compliance with command directives. an aircraft. Spot checks may be performed Personnel who possess suspected prohibited when passenger volume exceeds the drugs or explosives will be apprehended and capability of MP customs personnel. MAC counter personnel notified. Personnel Before a customs inspection is done at who possess other contraband and/or baggage checkpoints and before passengers prohibited items will be permitted to proceed enter the main processing area, MP customs after being cited, unless a felonious act is inspectors brief all departing personnel on involved. the location of the amnesty box and its Personnel processed into the customs purpose. Passengers are told that once a exclusion area remain within this area until customs check is done the amnesty box can their flight departs. Personnel who exit the no longer be used to discard prohibited customs exclusion area prior to their items. Passengers also are told that scheduled departure must be rechecked upon detection that discloses an offense will result their reentry.

122 FM 19-10 LAW ENFORCEMENT OPERATIONS

A complete body search will be directed passengers and are inspected by enlisted whenever the MP customs inspector suspects female customs inspectors. If valid suspicion that a passenger has weapons, contraband, exists, female MP customs inspectors will prohibited items, or prohibited drugs on his search female passengers. Male customs person. If a complete body or strip search is inspectors will not, under any circum- deemed necessary, this will be accomplished stances, allow themselves to be inside a in a private area with at least one witness curtained booth with a female passenger. present. The hand-carried items of all passengers are Female passengers normally proceed into subject to inspection. the customs exclusion area ahead of male

FM 19-10 123 PART THREE INVESTIGATIONS

Military police conduct official inquiries or warrant officers assigned to USACIDC. into incidents and crimes involving the Responsibility for the investigation depends military community. Such investigations are on the nature of the incident and the a primary means of protecting and elements of the crime. The MPIs work enhancing the commander’s order and directly for the PM. Special agents support discipline. the local PM but are under the direct control All MP conduct preliminary investiga- of USACIDC. Close and positive liaison is tions. MP routinely make inquiries to learn maintained between the PM office and the the facts about incidents to which they have USACIDC support element. been called. Based on their inquiry, MP help With the approval of the commander determine the outcome of an incident by concerned, MPIs may provide assistance to resolving the problem, referring the problem USACIDC whenever USACIDC assumes to helping agencies, or determining the need responsibility for an investigation from for a full-scale investigation by a trained MPIs. Additionally, when requested by a investigator. USACIDC unit commander or Military investigators conduct systematic in charge, a supported commander may and impartial investigations to uncover the provide MPI assistance to USACIDC on a truth. They seek to determine if a crime has case-by-case basis for a limited time. been committed and to discover evidence of Likewise, MPIs may request and obtain who has committed it. They administer USACIDC assistance on a case-by-case oaths pursuant to Article 136(b)(4), UCMJ basis. (see AR 600-40 and MCM). They find, Joint MPI/USACIDC teams have been protect, collect, and preserve evidence created at some installations for specialized discovered at the crime scene or elsewhere. investigative missions such as drug They document their findings and their suppression, black market, and criminal actions with careful records. They ensure information. Joint teams have increased the evidence is accounted for by a complete effectiveness of total community law chain of custody to allow it to be admissible enforcement efforts in areas that share in court. They conduct interviews and overlapping investigative or enforcement interrogations in a manner that ensures responsibilities. Such joint teams are created depositions, statements, admissions, and confessions can be accepted in court. And as by formal memorandums of understanding professional fact finders they maintain between the local PM and the responsible unquestionable integrity in the course of USACIDC supervisor. conducting their investigations. They treat In a peacetime environment, criminal victims of and witnesses to a crime with investigations conducted by military dignity, courtesy, and consideration, and investigators receive intense effort and assist them in obtaining medical or social support. During combat such investigations services if needed or requested. Their charter may not receive the same effort and support. is to impartially find, examine, and make HN authorities, if available, will also available evidence that will clear the provide investigative support to the innocent and allow prosecution of the guilty. battlefield. Full-scale investigations are conducted by The PM directs when, what type, and MPIs and enlisted special agents (MOS 95D) under what circumstances to begin criminal

124 FM 19-10 INVESTIGATIONS investigations that fall within their purview. injury, war crimes, and major property loss Although effort is made to adequately and or damage. MP may verify such major thoroughly investigate such crimes, incidents if operational priorities permit. investigations are not allowed to interfere These incidents will be referred, whether with accomplishment of a combat mission. verified or not, to criminal investigators USACIDC will maintain a dedicated assigned to USACIDC. investigative force on the battlefield to investigate serious crime affecting the The number of MP used for criminal battlefield capabilities of the supported investigation operations is directly related to commander. When combat operations take the level and intensity of the battle. MPIs are priority, MPIs and MP will only be able to assigned to MP companies in division and gather the essential who, what, when, where, above to conduct criminal investigations. why, and how of the crime. The information These MPIs are shown in their company’s will be passed to the PM operations section, TOE by the skill identifier V5. Although where it will be reviewed and forwarded to each company has trained investigators, in the G1 and the appropriate unit commander. combat these investigators may not be The operations section will also make available at all times. They may be on appropriate referrals to USACIDC of missions having higher priority. Therefore, reported crimes within their command. See every MP team must be able to gather basic FM 19-20 for more information on criminal information about battlefield crimes. investigations. USACIDC investigators on the battlefield Two types of criminal investigations are are usually collocated with MP unit HQ for performed by MP on the battlefield. Minor ease of coordination and support. But crimes are investigated by personnel from command and control of these investigators MP company operations sections. In a usually stays within the USACIDC chain of combat environment, few MP investigations command. Organization and employment of of minor incidents will be required. Major USACIDC investigators during combat incidents involve death, serious bodily operations is discussed in FM 19-1.

FM 19-10 125 CHAPTER 13 Law and Order Investigations

The investigation of disruptive or dangerous behavior is a necessary part of CONTENTS any command’s effort to maintain good Page order and discipline. INVESTIGATING DOMESTIC DISTURBANCES ...... 126 INVESTIGATING DRUG AND CONTROLLED INVESTIGATING DOMESTIC SUBSTANCE ABUSE ...... 129 DISTURBANCES INVESTIGATING POSSIBLE RAPE OFFENSES ...... 129 The role of MP in domestic disturbances is MP Encounter and Aid Victims ...... 130 to restore order. MP are to stop the conflict MP Turn Case Over to USACIDC and convince the individuals to regain Investigators ...... 130 control of their actions. The MP are to ensure INVESTIGATING POSSIBLE CHILD ABUSE that all family members are safe and have AND NEGLECT ...... 131 Reports of Child Abuse and not been harmed. In incidents involving Neglect ...... 131 suspected spousal abuse see AR 608-1. Signs of Abuse ...... 132 Domestic disturbances are one of the most Investigation of Suspected Abuse...... 133 Home Visits ...... 135 dangerous types of activities in which the Initial Observations ...... 135 MP can become involved. Every year, a great Interviews with the Parents ...... 135 many law enforcement officers are killed or Contact and Interviews with the Child ...... 136 injured in responding to domestic Prosecution ...... 137 disturbances. MP know that each INVESTIGATING SUICIDE THREATS disturbance is different and must be treated AND ATTEMPTS ...... 137 individually. INVESTIGATING REPORTS OF ABNORMAL BEHAVIOR ...... 138 MP are trained in methods of handling domestic disturbances. Their training gives INVESTIGATING CUSTOMS VIOLATIONS .139 them the specific skills and methods they need to handle crisis situations. The support The desk sergeant— systems available to MP enable them to Obtains data from the complainant-who, intervene in domestic disturbances. Because what, when, where, and how, and if communication and transportation systems weapons are involved or available. are constantly available to MP, MP can respond immediately to disturbances 24 Asks the caller to describe the situation. hours a day. MP also have the authority to Encourages caller to remain on the physically intervene in domestic telephone to report changing events. disturbances and to apprehend disputants if Checks weapons registration cards and necessary. advises responding MP as appropriate. In answering domestic disturbance calls, Relays all information to MP answering MP must have all available information on the call. If unable to obtain a clear the family and the situation. When receiving description of the situation, the a domestic disturbance call, the MP desk responding MP must be informed. sergeant must obtain as much information Assigns a backup vehicle when a one-MP as possible from the individual making the vehicle is dispatched. MP will never enter complaint before dispatching patrol units. a residence alone.

126 FM 19-10 INVESTIGATIONS MP avoid making noise that will attempt to remove the dispute from view of announce their arrival at the scene. The the neighbors. approach of an MP vehicle is usually the first sign to one or more of the disputants To avoid walking into an unknown that the MP have been called. If disputants situation, MP do not enter a dwelling even are prone to violence, sight of an after being told by the occupant, “Come in, the door’s open.” MP allow the occupant to approaching MP vehicle allows them time to open the door for them. When entering a obtain weapons or otherwise prepare for room or building, the senior partner police arrival. Upon arriving at the scene of positions himself on the side of the door that a disturbance, the MP vehicle is parked one affords the greatest observation of the house away from the address to which interior. The senior partner will direct who called. enters the dwelling first based on his There is always a danger that MP may be observation of the situation. This provides assaulted between the time of arrival and the for better command and control of the time they reach the door. MP visually check situation. windows and doors for unusual movements or objects while approaching the residence. If entry is initially denied and the At night, flashlights will not be shined in situation is temporarily calmed, the MP windows to avoid warning of arriving MP. remain on the scene and work through the Only the MP in front will use a flashlight to disputant’s chain of command to gain entry. avoid silhouetting the other MP to the If the situation appears violent, or if the MP occupants. have cause to believe a person is injured or in danger of being injured, they have a lawful MP will always stand to either side of the right to force entry into the dwelling. door, never in front of it. Before knocking, or using the doorbell if one is available, MP Once inside, the MP separate the listen at the door for 15 to 30 seconds. They disputants if necessary. MP suggest that may be able to determine the nature of the everyone sit down. MP realize that people disturbance and whether or not it is violent involved in domestic disputes may be before announcing their presence. Before hostile, abusive, and uncooperative. It is to knocking, MP check screen doors to see if be expected that some hostility may be they are locked. Locked screen doors can directed toward the MP, who are viewed as create an unexpected barrier between the MP intruders. Reactions of the disputants will and the disputants if immediate action is often be directly related to attitudes of required. When knocking on the door, MP do indifference, aggression, or concern as seen not sound aggressive. If there is no response in the MP. at the door and the dwelling appears quiet, The attitude of the MP is important. The MP verify the address with the MP desk. If initial impression will determine the degree correct, they check the sides and rear of the of cooperation. MP realize that unintended dwelling for indications of the presence of meanings and attitudes will be read into the occupants. Neighbors may also provide their words, facial expressions, and body useful information. positions by the disputants. The MP must To ensure coordinated activity, patrol display a calm, positive, and helpful partners will decide before gaining entry manner. A sensitive and tactful approach what action each will take in separating the can do much to create a positive disputants and mediating the disturbance. environment in which the dispute can be When someone answers the knock, MP will mediated. identify themselves and state why they are Observing conditions inside the dwelling there. If not invited into the dwelling, the MP while obtaining background information request to move the interview inside and may give the MP ideas of contributing

FM 19-10 127 INVESTIGATIONS causes to the dispute. MP must be alert for If the parties can be separated, they are sudden movements. They watch to see if moved out of sight and hearing of each other. subjects continually glance at closets or In separating the parties, the disputants are bureaus. Such actions may be the first not allowed to come between the MP, are not indication that a subject has a weapon left alone in another room, and are not moved available. The MP must also observe— to the kitchen because of potential weapons. The disputants’ living conditions, The MP, if possible, are to remain within clothing, and personal cleanliness. sight of one another at all times. The location and number of disputants Once the disputants have been separated, and any injuries requiring treatment. seated, and have furnished basic background information, MP then interview Any visible weapons and threatening each disputant. During the interview, MP moves. may remove their hats and sit to further The emotional level of the dispute and the relax the disputants. MP must not assume emotional condition of the disputants. that everyone is okay based on the word of one of the disputants. Each disputant is Apparent lack of food, broken furniture, asked to define or explain the problem that and excessive amounts of liquor on hand can caused the argument. The MP must appear indicate neglect and instability. The interested and be good listeners. MP must condition of clothing and personal carefully avoid giving opinions and making cleanliness can reflect the pride the family has in itself and the level of support value judgments, as this will give the provided. Facial expressions, eye impression they are taking sides in the movements, and body positions can provide argument. emotional signs of fear, hate, depression, If a disputant refuses to discuss past and embarrassment. Physical deformities or events, his or her wishes are respected. other handicaps affecting the family Should a disputant be willing to discuss relationship may be noticeable if the related facts or events, every effort is made afflicted person is being criticized or belittled to obtain as much information as possible. If by other family members. the MP are being told obvious lies, it must be made clear that the lies are not believed. The After calming the disputants, the MP interview must continue. Questioning, obtain information on the family structure repeating the disputant’s statement, and and background before attempting evaluating apparent facts are methods that mediation. MP will obtain— will aid in gathering sufficient information Names and addresses of all present and for mediation. After the problem has been their ranks, social security numbers, and defined, MP question each disputant about units if military. related problems to see if a pattern occurs. Relationship and legal status of the Mediation, referral, temporary separation, disputants: valid marriage, nephew-uncle, and apprehension are four courses of action boyfriend-girlfriend. available to MP once order has been Length of residence in quarters and period restored. As soon as the MP establish what assigned to the installation. has occurred, the MP must choose one of these courses of action. If the dispute is Whether or not children are involved; if verbal only, the MP can mediate, make so, their ages and parental relationships. referrals, or suggest temporary separation. Whether or not MP or civil police have If a physical assault has occurred, they must intervened in a domestic dispute before effect an apprehension. In all cases, MP will and if the disputants are receiving inform unit commanders of domestic professional counseling. disturbances involving unit personnel.

128 FM 19-10 INVESTIGATIONS INVESTIGATING DRUG AND CONTROLLED SUBSTANCE ABUSE MP, in enforcing laws, orders, and to stop the possession, use, and sale of illicit regulations, may uncover information drugs on military installations. relating to sales, availability, and users of PMs may request MP investigators or narcotics and dangerous drugs. USACIDC special agents to develop Investigative operations for such cases are information on the local drug situation. complex. Close coordination between Within military installations, appropriate USACIDC special agents and federal and action will be taken to eliminate illegal nonfederal investigative agencies concerned sources of narcotics and dangerous drugs. with drug suppression is of the utmost When the source of supply originates in a importance in the enforcement and control civil law enforcement jurisdiction, of illegal narcotics and dangerous drugs. coordinated operations will be required for The unauthorized use, possession, sale, detection and apprehension. purchase, and receipt of narcotics, mari- MPIs conduct investigations of offenses huana, and dangerous drugs is a violation of involving possession and/or use of nonnar- federal law and Article 112A, UCMJ. cotic controlled substances (see AR 190-30). “Dangerous drugs” is an administrative Notification that an investigation has been label applying to those nonnarcotic initiated will be made to the supporting substances listed in Public Law 91-513 that USACIDC element without delay. They will have been found to have a potential for be kept fully informed of the progress of the abuse because of their depressant, investigation. A copy of all initial, interim, stimulant, or hallucinogenic qualities. and final DA Forms 3975 will be provided to USACIDC at the local level. The Drug Enforcement Administration has the primary responsibility for Investigations of offenses involving investigating drug violations in the US, possession and/or use of nonnarcotic including military installations. The Drug controlled substances will be transferred to Enforcement Administration has, however, USACIDC on request. Once the transfer is delegated much of their authority on Army made, the investigation must be carried installations to USACIDC. The PM may through to conclusion by USACIDC. It assume responsibility for investigation of cannot be transferred back to the MPI. certain types of drug violations as Investigations involving possession determined by USACIDC. On all major and/or use of nonnarcotic controlled Army installations and on many smaller substances generated by another USACIDC installations, USACIDC and the PM investigation may be transferred to the MPI. conduct combined drug suppression This can be done with the concurrence of operations. The focus of these operations is USACIDC and the unit commander involved.

INVESTIGATING POSSIBLE RAPE OFFENSES The MP play an important role in by death. It is a complex offense. It is not handling rape cases. MP are often the first often sexually motivated. It is most often a help available to a rape victim. crime of hate, anger, and violence in which The crime of rape, under appropriate the rapist uses sex as a weapon to inflict federal laws, is a capital offense punishable harm and humiliation upon the victim.

FM 19-10 129

161-0160-94-9 INVESTIGATIONS

Sometimes the victim is a substitute target for investigators to begin investigating the for the rapist’s anger against women as a offense. Leading or sexually explicit group or even society itself. MP actions questions are not asked. The MP at the crime in rape investigations must accord with scene learns from the victim exactly what FM 19-20. took place and where. The victim is asked if she knows the offender, if she can describe MP know that rape is both an emotional the offender, and if she knows where the and a physical assault. The emotional shock offender is or can be located. of rape often does greater harm to the victim than does the actual physical assault. Rape The rape victim will relate to the incident victims may show fear, anxiety, anger, and more freely if only one person is present shock, both physically and verbally; victims during the initial interview. Tact, may laugh, cry, or shake while discussing compassion, and patience is used or the the offense. Or they may appear controlled interview will fail. And more importantly, and calm, hiding their inner feelings. the victim may suffer emotionally. If the victim is made to feel guilty of the crime, the Physical shock, exhaustion, or even strict psychological damage may be significant. self-discipline may cause a victim to seem calm and composed. But fear is present in all Once enough information has been victims. Fear may last for hours or for obtained to start processing the scene, MP months, depending on the victim and the escort the victim to the nearest facility for ordeal she has experienced. The victim may medical treatment and a thorough have been threatened or come close to death. examination. Under no circumstances is the A victim may fear that the rapist knows her victim left alone. The MP remains with the name and address and may harm her in the victim until he or she is released to the future. USACIDC investigator. Medical personnel are to preserve clothing MP ENCOUNTER AND AID VICTIMS and other items for evidence examination. When MP encounter rape victims they The examining physician is advised of the react quickly to ensure the emotional and areas of interest in the case and the evidence physical well-being of the victim. They check samples needed for the investigation. the physical condition of the victim. They must establish rapport with the victim. They MP TURN CASE OVER TO USACIDC are aware of the victim’s fears and know INVESTIGATORS how to lessen them. The MP’s initial actions set the stage for the investigation and the When the victim is emotionally prepared, a subsequent recovery of the victim. MP know follow-up interview is conducted by a that victims treated in a callous, indifferent, USACIDC investigator. The USACIDC disbelieving manner can undergo difficult investigator will investigate all rape claims and lengthy recovery periods. thoroughly and objectively. Rape claims are never assumed to be false. The victim is told what is being done and The USACIDC investigator is told of all why. The MP informs the victim of the MP who have had contact with the victim. evidence procedures that must be followed The investigator will want to interview until the investigator arrives. The MP makes them. The MP observations of the victim’s sure the victim knows that taking a shower emotional state, the condition of her is not allowed until after the physical exam. clothing, and the circumstances surrounding The initial interview with the victim is the crime can be important both to the brief. The role of the MP conducting the investigation and to the future prosecution interview is to gather enough information of the offender.

130 FM 19-10 INVESTIGATIONS

INVESTIGATING POSSIBLE CHILD ABUSE AND NEGLECT The MP are one of the main military first, to the needs of the abused or neglected agencies responsible for identifying and children and, then, to the needs of their protecting abused and neglected children. families (see AR 608-1). The MP are most often contacted first when child abuse or neglect is suspected. The FACMT is coordinated by a social services professional. The coordinator The PM office investigates suspected child monitors the program and supervises the abuse and neglect. The PM office par- staff of the local AFAP. A team of medical ticipates in public awareness programs and and social work professionals, the AFAP activities. The PM office sets procedures for officer, and the Army Community Service handling child abuse and neglect cases. The social worker are supported by other PM office sets up lines of communication installation agencies and their personnel. with the Army Community Service, Family Law enforcement personnel, civilian child Advocacy Case Management Teams protection workers, chaplains, and members (FACMTs), and local civilian welfare and of the SJA often serve on the FACMT. MP law enforcement agencies. The PM office, in and USACIDC representatives on the accord with the installation FACMT, often FACMT work closely with team members to publishes a local SOP setting out the role of provide help and investigative support. each agency. REPORTS OF CHILD ABUSE AND On US Army installations, the Army Family Advocacy Program (AFAP) and its NEGLECT action arm, the FACMT, are the key Reports of child abuse and neglect may agencies for handling child abuse and come from hospital staffs, teachers, police neglect. The FACMT is legally mandated to officers, or neighbors. In accordance with ensure preventive, investigative, evaluative, AR 608-1 installation physicians, nurses, and treatment programs are responsive, law enforcement personnel, school officials,

FM 19-10 131 INVESTIGATIONS

and child care/development personnel will The motives of the source if possible to report all incidents of suspected child abuse evaluate. to the installation FACMT or the MP. The The possible witnesses to the incident report may be received over the phone or in which caused the child’s condition. person. An MP may be sent to the child’s home after a report has been received by Simple verbal reassurance, or a follow-up another agency. letter which expresses gratitude for the source having taken the initiative to call, A report of suspected child abuse or can make the difference in the source’s neglect is not an accusation. The report itself future willingness to cooperate. does not prove the existence of child abuse and neglect. But neither are reports from Witnesses to actual incidents of child questionable sources necessarily invalid. All abuse and neglect are rare. Most incidents reports of child abuse or neglect must be occur within the confines of the home. investigated. Sometimes false reports of Outside observers are few. However, there suspected child abuse and neglect are made are usually persons who can furnish by angry parents with marital problems, by corroborative evidence of the child’s quarrelsome family members, by feuding condition, the home situation, or conditions neighbors, or even by an angry or distressed of family life. Witnesses who are afraid of child. becoming involved are allowed to express any concerns they may have about their If the report is received by the MP desk participation in the investigation. sergeant, the MP will need to interview the source in the field. It is often difficult for the SIGNS OF ABUSE source to make the initial report. MP tell the source that, if requested, statements made in MP are trained to recognize the physical effects of child abuse and neglect. When MP connection with a particular case of alleged encounter injured or disturbed children, MP child maltreatment will be kept confidential note if the condition could be the result of under the provisions of AR 340-21. parental behavior. MP are alert to physical Statements made by sources will be marked injuries like disfigurement, burns, broken “confidential” in all case records. MP bones, bites, lacerations, or bruises that may attempt to obtain information from the indicate cases of child abuse. They know source: that unsanitary living conditions, The date and time the reported incident inadequate food, untreated illnesses, and was received. inadequate clothing and shelter often mean The source’s name, telephone number, parents or guardians are not providing and address if he/she is present and adequate care for a child. MP act willing to provide this information. immediately to protect children whose The type of source (for example, physical or mental health and welfare has mandatory, permissive, anonymous). been threatened or harmed by the persons responsible for the child’s welfare. The relationship of the source to the child and family. As protectors of the military community, The willingness of the source to share MP are concerned with the physical and with the family his/her role in initiating emotional well-being of dependent children. the report, and his/her willingness to At all times MP patrols— participate in the assessment process if Respond immediately to a reported appropriate. incident of child abuse and neglect. The action taken by the source or others Report cases of suspected child abuse or including whether or not the child has neglect to the PM or appropriate civilian been placed in protective custody. authorities.

132 FM 19-10 INVESTIGATIONS

Take immediate action to protect a child Whether or not further police action is in danger of further maltreatment. required by MPI or USACIDC. Investigate allegations of child abuse or Whether or not the case should be referred neglect and suspect conditions noted in to FACMT in accordance with AR 608-1. the course of other investigations. If the case is based on a false report and no further action is indicated. INVESTIGATION OF SUSPECTED Deciding whether or not a child is safe in ABUSE the home is the most crucial step in the investigation. This decision can be reached The primary concern of the MP, when through a review of past parental behavior, investigating cases of child abuse and statements, and behaviors during an neglect, is the protection of the child. To investigative interview, or from reports by protect the child, MP must ensure the others who know the family. If the child is in investigation determines— imminent danger, the investigator must Whether or not child abuse or neglect is take whatever steps are necessary to ensure occurring. the child’s safety before proceeding with the investigation. Whether or not the child is at risk in the home. In determining if protective custody is Whether or not immediate intervention is necessary, the investigator considers necessary to ensure the child’s safety. whether or not— Maltreatment in the home, present or Once this immediate concern has been potential, is such that a child could suffer addressed, the investigator must then permanent damage to body or mind if left determine— there.

FM 19-10 133 INVESTIGATIONS The child is in immediate need of medical To conduct an effective investigation, MP or psychiatric care and the parents refuse or responding agents will need to visit the to obtain it. home, see the child, interview the parents, The child’s sex, age, or physical or mental and collect evidence. Two types of condition renders the child incapable of information need to be gathered in order to self-protection—or for some reason corroborate or dismiss a report. Primary constitutes a characteristic the parents information includes records of the find completely intolerable. investigators’ interviews and their observations, photographs, and physical Evidence suggests that parental anger evidence. Background information is that and discomfort with the investigation will which has been gathered from collateral be directed toward the child in the form of sources such as medical records, school severe retaliation against him or her. records, and other agency records. Evidence suggests that the parent or A routine check of the family is the first parents are so out of touch with reality step after receipt of the report. This check that they cannot provide for the child’s may include internal departmental records, basic needs. court records, or FACMT records. In some Evidence suggests that the parent or areas central registers of reports of actual or parents’ physical condition poses a threat suspected child abuse and neglect are to the child. maintained, often on a statewide basis. The family has a history of hiding the These central registers may be accessed child from outsiders. directly by the itself or, in some jurisdictions, indirectly through The family has a history of prior incidents the local FACMT. or allegations of abuse or neglect. Information which may be revealed The parents are completely unwilling to through a records check includes— cooperate in the investigation or to maintain contact with any social agency Prior reports of suspected child abuse and and may flee the jurisdiction. neglect for this family and the outcome of those reports. The parent or parents may abandon the Services being provided to the family child. because of a previous report. If the investigator decides to place a Information on the informant’s reliability seriously abused child in protective custody, based on any prior reports. the FACMT will be notified immediately. Evidence of child abuse and neglect may The child is immediately taken to the instal- include the investigating officer’s obser- lation medical facility for examination. The vations, photographic evidence, and child will remain in the medical facility for physical evidence. All evidence is important. observation while the FACMT simultaneously Hearsay evidence can be of value to a social acts on the case. If the child is not in agency in its subsequent efforts to serve the imminent danger, then the decision to family. Such evidence may even be remove the child from the home should be admissible in later court actions. The MP or made jointly by the investigating officer and responding agent concentrates on the FACMT. obtaining— If grounds exist for temporary removal of The name, age, sex, ethnic background, the child from the home, the SJA must be and permanent address of the child. consulted while the MP or responding agent Present location of the child and location remains at the scene until further guidance where incidents occurred if different from is received. permanent address.

134 FM 19-10 INVESTIGATIONS

Name of person or institution responsible conditions such as disfigurement, burns, for the child’s welfare (and address if broken bones, bites, lacerations, bruises, different from the permanent address of or untreated illnesses. the child). General appearance of all children, Name and address of the person alleged to including the condition of their clothing be responsible for the abuse and/or (for example, worn, tattered, filthy). neglect. Safety of their surroundings. The names, sexes, and ages of siblings General condition of the home, including and other adults present. degree of cleanliness; availability of food The nature and extent of the suspected and water; adequacy of sleeping, eating, abuse or neglect, including any available and washing facilities; adequacy of heat, information of prior injury to the child or light, and space; and evidence of human other siblings. or animal waste. (See FM 19-20 for more information on MP will also observe and record the physical evidence and photographing behavior of parents and other children in the evidence.) family, including their reaction to the MP’s presence. These observations can be used to Home Visits confirm or deny parents’ statements. Investigators may not gain entry to the Nonverbal messages that can be observed home on their initial approach to the family. are— Investigators must indicate concern and Eye contact between family members. sympathy and explain their presence as ensuring the health and safety of the child to Facial expressions of love, support, anger, gain entry into the home. However, if distrust, or rejection. investigators do not receive permission to Tones of voice that communicate various enter, they have the right of forcible entry emotions. if— The presence or absence of communica- There is probable cause to believe a child tion. in the home is in imminent danger. Willingness to listen. There is probable cause to believe that a Willingness to express feelings and crime is being committed in the home. emotions. If the investigator feels entry is necessary Physical closeness. but the family will not allow it and it does Interviews with the Parents not appear that an emergency exists, a court order or search warrant must be obtained. Interviewing the parents may be the most The local SJA is contacted to determine the important step in the investigation. Due proper course of action. process rights granted by the Fourth and Fifth Amendments of the United States Initial Observations Constitution as well as those covered by Upon entering the home MP or responding Article 31, UCMJ, must be observed in agents must record their observations conducting these interviews. The Miranda accurately and in detail so that they will be rights, or Article 31 rights, must be made able to testify effectively if the case goes to known to the parents. Article 31 rights must trial later. MP or responding agents must be voluntarily waived before questioning note the— begins. Any person accused of child abuse or neglect must be informed of their rights Physical condition of all children, pertaining to information in the report or including any observable injuries or records generated from the incident.

FM 19-10 135 INVESTIGATIONS

In conducting interviews with parents— happened. However, every attempt is made to minimize the need for interviews of child The interview is conducted in a victims. Whether or not the child is comfortable setting free from distraction. interviewed depends upon factors such as— Jargon is not used. The child’s age. The investigator will, if possible, The child’s ability to understand and interview each parent privately and evaluate what has happened. separately. The possible impact of the interview upon The investigator will tell the parents the the child. reason for the interview, give the legal authority, and treat them with respect. The possibility of retaliation by a parent Under no circumstances will the against a child who has "told." investigator display horror, anger, or The parents are informed of the need for repugnance. the interview. But they are not present while The investigator must be alert to any the child is being questioned. Many children apparent vagueness or inconsistencies in are afraid to speak in front of those who the explanations each gives for the have hurt, abused, and neglected them. If the allegations contained in the report. parents object strongly, it may be necessary The investigator will not respond to to place the child in protective custody before demands by the parents to be told who proceeding with the interview to assure the reported them. parents will not retaliate against the child. If The investigator will not reinforce the child must be in the sole care of the military even for a short time, two questionable parental actions by such investigators will be responsible for the statements as, “If he were mine, I’d hit child. If the investigators are both male, a him too.” This may give a disturbed female member of the armed forces must be parent license to increase assaults upon the child. provided to be with the child also. The investigator must not allow feelings Investigators must tell children that they of anger or revenge to impair his are not in trouble and have done nothing professional judgment. wrong. Interviewing children in sexual abuse cases calls for particular sensitivity The investigator will not attempt to coerce and skill. In addition to feeling confused and a confession from a parent. afraid, these children may also feel great guilt. The investigator/interviewer must Contact and Interviews with the Child convey to the child the understanding that he The first contact the investigator has with or she has done nothing wrong. the child is of greatest importance. This When conducting the interview, the initial contact may take place in the home, interviewer must keep in mind that the child medical facility, school, or a child care may be hurt, in pain, fearful, confused, or facility. The investigator must not assume apprehensive. The child must be made as that the victim is old enough or mature comfortable as possible under the enough to cope mentally with the offense. circumstances. It is advisable to have a The purpose of the initial contact with the trained interviewer who is of the same sex as child is to determine the validity of the the child or at least to have someone of the accusation and to determine if the child is in same sex present during the interview. imminent danger. When interviewing the child the There are times when the child must be interviewer must try to determine the interviewed in order to learn what has emotional state of the child. Is fear, hatred,

136 FM 19-10 INVESTIGATIONS defiance, shock, confusion, love, jealousy, or most serious cases. The purpose of anger apparent? Is the child ready to tell the prosecution is to establish the guilt of and truth, lie, or exaggerate? The interviewer impose punishment upon the person must attempt to gain the child’s confidence. responsible for an incident of child abuse or The interviewer must act as a friend to the neglect. Unsuccessful prosecution may child rather than as a figure of authority. result in increased risk for the child. An The interviewer must not take sides against angry or disturbed parent may view a the parents. The interviewer must conduct verdict of “not guilty“ as approval of his or the interview in language the child clearly her conduct or as a license to continue understands. The interviewer must permit maltreatment. the child to tell about incidents in his or her own way. The child must not be pressed for There are times when apprehension of the details that he or she may be unwilling or parent, guardian, or caretaker is necessary. unable to give. Questions are limited to An apprehension may be made immediately, necessary information. Open-ended particularly when the incident is severe. Or questions are asked whenever possible. The it may be delayed, pending consultation with interviewer will tell the child what will FACMT and others. An apprehension may happen next and how the investigator will be made when injury to the child is severe or use the information the child has given. The evidence exists that a serious crime has been interviewer will inform an adolescent when committed. When there is reason to believe a “person in need of supervision” petition or that the parent, guardian, or caretaker will a similar order is necessary. flee the jurisdiction, he or she may be apprehended. An apprehension may be Prosecution made when it is necessary to preserve the peace or when the person believed Prosecution of persons who abuse or responsible presents an immediate danger to neglect children can be difficult in all but the others.

INVESTIGATING SUICIDE THREATS AND ATTEMPTS Suicide threats received at the MP station telephone while a patrol unit is being sent must be treated seriously. The desk sergeant, will prevent many suicides. or any other MP answering the call, must show immediate concern and interest in the When MP arrive at the scene before the caller’s problem. The interest, concern, and threatened suicide attempt is carried out, reassurance shown by the MP on the they may find the subject emotionally upset. telephone is important in keeping the MP must avoid sudden, aggressive moves to individual on the line. The first priority is to avoid frightening the subject into obtain basic information from the caller, committing suicide. Upon arrival, MP such as the caller’s name, address, and the should try to start a conversation with the telephone number of the phone from which subject to help talk him or her out of the call is being made. Information obtained committing suicide. If the subject is in from the caller will also allow the MP to immediate danger of jumping, safety return the call if the connection is cut off. It precautions such as nets are used. MP is critical that the caller be kept on the carefully position themselves to restrain the telephone as long as possible while a patrol subject. MP must keep crowds and onlookers unit is being dispatched. Talking will away from the area. They must be patient distract the person, provide time for a and understanding with the subject. And change of mind, and allow for rescuers to they must not use abusive or threatening arrive. Keeping the suicidal person on the language.

FM 19-10 137 INVESTIGATIONS

When MP arrive at the scene and the cardiovascular pulmonary resuscitation. MP subject has already attempted suicide, they then request immediate medical assistance must immediately take action to stop the for continued rescue efforts. subject from further self-injury. First aid is administered, if necessary, and medical help If the victim is obviously deceased, requested. If the subject has taken poison or medical assistance is still required to affirm an overdose of pills, any remaining pills, the victim’s death. MP will secure the scene bottles, and related material are taken to the until medical and investigative assistance hospital, along with the subject. The arrives. Suicide notes, weapons, and other immediate family, unit commander, clergy, evidence must be secured at the scene and or other personnel who might help the released only to assigned investigators. subject are notified. After securing the scene, MP identify When MP arrive at the scene of a suicide, witnesses, friends, and relatives in the area. they carefully approach it, so as not to They make notes of anything that might aid destroy evidence. They immediately the investigators. Until proven otherwise, examine the subject for signs of life. If there every suicide will be treated as a potential are signs of life, MP should immediately homicide. (See FM 19-20 for a detailed begin lifesaving techniques such as discussion of suicide investigations.)

INVESTIGATING REPORTS OF ABNORMAL BEHAVIOR

MP may be called upon to investigate Ignore verbal abuse. reports of people exhibiting abnormal Remain calm. behavior. Each person encountered may require a different form of response from the MP must be trained to identify abnormal MP. In all situations, the MP must not only behavior. Improper identification of preserve the peace and control disorderly behavior and subsequent treatment can incidents, but they must also protect result in serious illness or death. People with individual rights and obtain help for those abnormal behavior might show changes in people who cannot adequately control their their behavior and personality that may behavior. help in identifying them. Characteristics of People with abnormal behavior may react someone with abnormal behavior may be— violently to stresses and problems. They can Change in personality, behavior, and be dangerous and must be handled with attitudes. caution. They may be easily influenced by Change in personal habits. others. They may be easily threatened by Sudden change in job performance. unfamiliar people, places, and events. The Uncontrolled outbursts of temper. MP approach must be friendly and understanding. MP seek to handle these Distrust and hypersensitivity. people as humanely as possible without A strong interest in weapons. endangering themselves, the person Disorganized thinking. involved, or others. MP must— Hallucinations, delusions, and fears. Not deceive. MP must be familiar with local agencies Use the least amount of force necessary. best able to assist people in need. MP do not take action unless the person poses a threat Allow the person time to calm down. to himself or to the welfare and property of Avoid threats and abuse. others.

138 FM 19-10 INVESTIGATIONS

MP do not diagnose injuries and diseases. those used for other offenders. MP must However, they must be alert for unusual consider that the individuals may be less symptoms and know that illness and other aware of their constitutional rights and may abnormalities may appear as intoxication. not fully understand when rights are read to Local medical facilities can train MP in how them. The police role is to initially interview to recognize and react to people with the subject, gather evidence, and complete abnormal symptoms. an objective investigation of the incident. When MP encounter a person who has had Legal and medical authorities must then an accident where the possibility of a head determine the individual’s level of injury exists, or if an individual carries a responsibility and competence. medical alert notice, or where doubt exists MP immediately notify parents, over the person’s condition, examination by guardians, or next of kin of those people with medical personnel must be immediately abnormal behavior who must be removed requested. Because it is often difficult to from the scene of an incident or placed under distinguish between the behavior and apprehension. If the individual has confusion caused by alcohol or drugs and committed a criminal offense, the parents, that caused by injury or illness, all guardian, or next of kin are read the rights apparently intoxicated personnel are warning statement and notified of the watched for other symptoms. charges. The parents, guardians, or next of If the person has to be apprehended there kin must also be present during interviews must be a sufficient number of MP to and interrogations. They may be able to restrain the individual. The procedures for furnish important background information searching and restraining do not differ from on the individual.

INVESTIGATING CUSTOMS VIOLATIONS

MP customs units conduct investigations Customs authorities periodically find of alleged or suspected violations of customs unauthorized material such as contraband, laws and regulations by members of the US explosives, ammunition, weapons, and forces. These investigations are conducted property, some of which may be property of under the same rules and procedures, with the US government. In order to determine if appropriate reports, as are other MP theft or government loss is involved, the investigations (see FM 19-20). Some of the procedures of the call for investigations will be conducted jointly with the notification of DA when weapons or host country customs and tax personnel or material believed to be military property other official investigative agencies having have been seized or are in customs custody an interest in the case. MP customs under questionable circumstances. All such inspectors who possess MPI credentials may offenses will be reported to MP and receive locally fabricated identification with investigated by USACIDC or MPIs, as data in the host language. All credentials are appropriate (see AR 195-2, AR 190-30). treated as accountable items. Since the Recovery of weapons and significant investigator may be assigned to a amounts of ammunition will be reported by surveillance operation, the commander can the Army element receipting for them from permit the wearing of civilian clothing while the Bureau of Customs in accordance with on duty. A duty roster of investigators is AR 190-11. maintained to provide necessary MP will receipt, from US Customs person- investigation during nonduty hours. nel, for all confiscated US government

FM 19-10 139 INVESTIGATIONS property and contraband shipped by US Evidence custodians and alternate Army personnel. The property will be custodians are appointed on unit orders and returned to Army supply channels if there perform the responsibilities as outlined in are no legal requirements to retain the the publications previously cited. Prescribed property before releasing it into supply depositories must be provided at appropriate channels. Items of contraband will be dis- locations and inspections and inventories posed of in accordance with AR 190-22. Prop- performed as required. erty receipted for by MP will be accounted for and disposed of in accordance with When it is determined that the subject of one of these investigations is no longer a evidence procedures outlined in AR 195-5. member of the US Army, the investigation All physical property seized by MP will be terminated and a final report customs personnel will be processed, submitted indicating the subject has been safeguarded, and disposed of in accordance released from the Army. An information with the guidance furnished in FM 19-20 and copy of the report will be furnished to the the provisions of AR 190-22 and AR 195-5. appropriate civil investigative agency.

140 FM 19-10 CHAPTER 14 Criminal Investigations

The investigation of crimes and offenses CONTENTS is a necessary part of any command's effort Page to protect its personnel, supplies, and DETERMINING PURVIEW ...... 141 Unit Commanders ...... 141 facilities. It is also essential to the MPI and USACIDC ...... 142 command’s maintenance of good order and Other Investigators ...... 142 discipline. CONDUCTING CRIMINAL INVESTIGATIONS ...... 142 DETERMINING PURVIEW Testimonial Evidence ...... 143 The purview for investigating crimes is Physical Evidence ...... 143 PRESERVING THE CUSTODY OF divided among unit commanders, MPIs, and EVIDENCE ...... 144 USACIDC special agents according to the DISPOSING OF EVIDENCE ...... 145 type and seriousness of the incident under Disposition of Unneeded Evidence investigation. Procedures at the local level and Nonevidence ...... 145 ensure mutual cooperation and support. Disposition of Evidence Belonging to US Government ...... 146 This close working relationship achieves Disposition of Personal Property ...... 147 optimum results in investigations, Disposition of Contraband, Controlled, and Illegal Items of Evidence ...... 147 apprehension of offenders, acquisition and Disposition Through Narcotics transmittal of police information, and the Field Testing ...... 147 Final Disposition of prevention of crime. DA Form 4137 ...... 148 SUPERVISING MILITARY POLICE UNIT COMMANDERS INVESTIGATORS ...... 148 Unit commanders have authority to take appropriate action on all barracks larcenies of property with a value less than $1,000 and investigation status and narcotics detector simple assaults not requiring hospitaliza- dog support is authorized. Direct contact tion. Unit commanders ensure that these with USACIDC concerning investigative types of offenses are reported to law status also is authorized. enforcement activities for statistical and The PM office provides commanders with crime reporting purposes. A law enforcement a DA Form 3975 on offenses involving their investigation of such an offense is usually personnel (see AR 190-45). On cases referred conducted only when considered necessary to the USACIDC, the commander will be by the PM/security officer or the appropriate provided with an initial report and a final USACIDC commander. But it may be report. Significant developments will be requested by a field grade officer in the chain provided to the commander if appropriate. of command of the unit concerned. The final report will provide guidance for Commanders report all criminal offenses submission of a report of commander’s to the PM office. The PM office will refer the action taken. Commanders need not wait for case to MPI or USACIDC if appropriate. a final report before taking action. After the PM is notified, the commander Commanders are encouraged to assist the secures the crime scene and separates and MPI and USACIDC in apprehending holds all witnesses and suspects until MP criminals. A commander can have an and MPIs arrive. Direct coordination individual in his unit serve as a source. The between the commander and the MPI for source acquires and releases information

FM 19-10 141 INVESTIGATIONS concerning criminal activity to the MPI or Investigations are conducted in accor- USACIDC. Additionally, individuals in the dance with the provisions and restrictions of unit may be asked to make buys from a drug the MCM and the UCMJ. When there is any dealer. These controlled buys, when there is question of jurisdiction, authority, or legality an indication the suspected individual has of action or evidence, investigators seek the been involved in some type of criminal counsel of the SJA. The SJA is responsible activity in the past, do not constitute also for the Army’s Victim/Witness entrapment. Assistance Program. Investigators MPI AND USACIDC cooperate and coordinate their case activities with the Victim/Witness Liaison. Investigations of violent crimes are an inherent responsibility of the MP and the OTHER INVESTIGATORS USACIDC. Such offenses may fall within In CONUS incidents occurring off post the investigative purview of MPIs or within normally are investigated by civil law the investigative jurisdiction of the enforcement agencies, including state, USACIDC. county, and municipal authorities, or by a MPIs normally investigate offenses as federal investigative agency. When an cited in AR 190-30. MPIs also coordinate and incident involving military personnel occurs supervise the use of narcotics detector dogs off a military installation, coordination will in support of unit health and welfare be made with the appropriate civil court or inspections. USACIDC agents investigate law enforcement agency and the result criminal offenses that carry a maximum reported on DA Form 3975. A copy of the civil punishment of more than one year police report will be obtained and attached to confinement. They investigate all narcotic the MP report whenever possible. In offenses, sale/trafficking in marihuana and overseas areas off-post incidents are dangerous drugs, and larcenies of property investigated in accordance with SOFAs valued at $1,000 or more. and/or US-host country agreements.

CONDUCTING CRIMINAL INVESTIGATIONS To effect the prosecution of criminals, From this evidence a court-martial or jury military investigators must know the forms its conclusions as to the guilt or technical and legal requirements for a innocence of an accused. Evidence is the successful investigation. Generally, the art means by which any alleged matter of fact is of an investigation lies in gathering and proved or disproved. It includes all matters, evaluating information and evidence, both except comment or argument, legally testimonial and physical. (FM 19-20 submitted to a court to enable it to decide a addresses investigative methods and question before it. Military investigators techniques.) Testimonial evidence, like must understand the general rules of sworn statements of eyewitness accounts evidence. and admissions of guilt, is obtained through Investigative steps for gathering evidence communication with people. Physical in juvenile offenses are the same as those evidence, like identified weapons and used in cases involving adult suspects. But fingerprints, is obtained by searching crime MP must ensure that juveniles are processed scenes, tracing leads, and developing in accordance with Public Law 93-415. And technical data. they ensure that children are protected from Military investigators develop skills and unwarranted treatment. techniques to recognize, collect, evaluate, If MP must detain juveniles, they ensure process, preserve, and account for evidence. that juvenile suspects are not detained in

142 FM 19-10 INVESTIGATIONS confinement facilities, detention cells, or any investigation. Physical evidence is one hospital prisoner wards. Juveniles may be of the most valuable investigative assets. It temporarily detained in the offices of the produces leads to pursue to help bring the post commander or PM, but a check is made investigation to an end. And physical with SJA to ensure the proper conditions evidence can help establish the guilt or exist. Unless a juvenile is taken into custody innocence of an accused person in a court of for serious offenses, MP do not take law. For example, as a general rule, a person fingerprints or photographs of them without cannot be convicted on the basis of an written consent of a judge. MP routinely uncorroborated confession. There must be contact SJA to ensure they have the proper independent evidence, either direct or judicial authority. MP do not release names circumstantial, that raises an inference of or pictures of juvenile offenders to the public. the truth of the essential facts admitted in Military investigators conduct their the accused’s statements. Physical evidence inquiries to find evidence and make it can be that necessary independent evidence. available for presentation in court. But And, while the rule requiring independent something more than a mere collection of corroborating evidence does not apply to a evidence is required of a successful confession made by an accused to the court investigation. The evidence must be during his trial, nor to statements made admissible in court. Investigators must before or at the time the act was being present to the court only admissible and committed, having physical evidence to reliable information upon which to base a substantiate such a confession or admission proper decision. MP are always “evidence of guilt is desirable. conscious.” The scene of any crime is itself One of the main duties of an investigator evidence. And so is the testimony of trained is to ensure that the evidence obtained is investigators about observations and admissible in court. Investigators must be findings at a crime scene. Both testimonial careful to seize, collect, and accept receipt of and physical evidence are vital to the evidence in a legal manner. They know they successful prosecution of a case. must be able to identify each piece of evidence weeks, months, or even years after TESTIMONIAL EVIDENCE it was collected. They must be able to Obtaining testimonial evidence requires describe the crime scene and where each skillful interpersonal communication with piece of evidence was located at the scene. human sources of information, particularly They must be able to explain any change in with the persons directly involved in a case. the evidence that has occurred since it was Questioning victims, witnesses, com- collected. And they must be able to prove plainants, suspects, and sources is the that the evidence remained in proper custody investigative method most often used to from the time it was collected until it is obtain testimonial evidence. It is also the presented in court. method used to obtain background The final result in bringing a successful information that gives meaning to the investigation to a close is often the physical evidence that is collected. Many investigator’s testimony in the courtroom. crimes have been solved as a direct result of When preparing for trial, investigators leads and testimonial evidence developed coordinate with the trial counsel so there are through interviews and interrogations. no surprises in court. They develop a close working liaison with the trial counsel. They do not conceal information from the court. PHYSICAL EVIDENCE They know the accused has the right to a fair Collecting and evaluating physical trial regardless of opinion. Investigators are evidence is an important technical part of professional in every way.

FM 19-10 143 INVESTIGATIONS PRESERVING THE CUSTODY OF EVIDENCE Investigators follow specific requirements They are in charge of the evidence in receiving, processing, safeguarding, and depository. When safeguarding, safekeeping, disposing of evidence and in preparation and transferring property, they ensure care and disposition of property (see FM 19-20, is taken to guard property against loss, theft, AR 195-5, and AR 190-22). pilferage, damage, alteration, or any change To achieve the maximum benefit from in its value or appearance other than by physical evidence, investigators must be not laboratory examination. They also maintain only skilled in its collection, but careful in all evidence records. their handling of it to preserve it for Primary and alternate custodians are laboratory examination and/or presentation appointed, in writing, by the appropriate in court. They must retain the item’s commander or PM (see AR 195-5). A copy of integrity by keeping the item as nearly as the appointing document must be kept in the possible in its original condition. depository files. These records must show Consideration should be given to the ease of who is responsible for evidence at any given identifying the item and the cost of the item time. The requirements for determining when it is collected. Unnecessary marking of primary and alternate evidence custodian, evidence may result in claims against the and for recording and accountability of government for diminution of value of the evidence, inspections, and inventories and item. All MP in contact with evidence must security standards for evidence storage, are maintain a chain of custody—a specified in AR 195-5. For more information chronological, written record of who has on preparation of required forms and control of the item from the time it is maintenance of evidence see FM 19-20. acquired as evidence until it ceases to have Evidence custodians carefully maintain value as evidence and is released or an evidence ledger. Corroborating entries in destroyed—to assure accountability. the ledger and on the custody document help The investigator who first receives, assure accountability of evidence. The ledger recovers, or discovers physical evidence is prepared with six columns spanning two must be able to identify such evidence facing pages showing— positively at a later date as being the specific The document number assigned and the article or item obtained in connection with a date evidence was received. specific investigation. To be able to do this, The USACIDC or MPR sequence number. investigators mark and tag evidence A brief description of the evidence. promptly at the time they obtain it. If they can, they place their initials, time, and date The date of final disposition. directly on the evidence. If the evidence The final disposition. cannot be marked, all identifying data are Remarks. noted on the container in which the evidence If an improper entry is erroneously made, is placed. A record of all details of the the entry is lined through and the person’s marking of evidence is made in the initials written across the line. The ledger investigator’s notes. Photographs, sketches, book is completely filled before starting a and notes of the crime scene must show the new one. In large offices it may be necessary exact places from which evidence was to start a new ledger each year to removed. This care is imperative to ensure accommodate anticipated evidence entries. the chain of custody of evidence is kept The cover of the ledger book identifies the unbroken. organization or activity responsible for the Evidence custodians control and account evidence depository and the dates spanned for all evidence received in an investigation. by entries in the ledger. If more than one

144 FM 19-10 INVESTIGATIONS calendar year is covered in the ledger, the When evidence is temporarily released or front cover reflects this information. After custody changed, it is accompanied by a the last entry in the ledger for a calendar carefully completed DA Form 4137 (for year, a statement identifying all documents directions see FM 19-20 and AR 195-5). The contained in it is entered. (For example, original DA Form 4137 goes with the “This ledger pertains to custody documents evidence. A copy of the form is placed in the 001 through 432 for calendar year 1987.”) suspense file when the item of evidence and The initial entry for the next year goes on the the original DA Form 4137 are temporarily next page. released.

DISPOSING OF EVIDENCE The evidence custodian is responsible for forwarded to the SJA of the commander the disposition of evidence. He maintains exercising jurisdiction in the case. continued and open communication with the If the SJA says the evidence must be held supervisor and the SJA to ensure timely for further adjudication, the final disposal disposition of evidence. Consulting with the authority portion of DA Form 4137 is not MP or special agent for pertinent completed. A brief memorandum for record information can assist in the timely disposition of evidence. If the SJA appoints giving the reason for retaining the evidence his chief of military justice as the point of is written and attached to DA Form 4137. contact, plans are discussed with him. His If DA Form 4137 must be mailed to the assistance is requested in making timely SJA, a letter or DA Form 2496 (Disposition disposition of all evidence. Form) is substituted containing sufficient To ensure prompt disposition of evidence, information for the SJA to render a decision. a suspense system can be established as an The return correspondence indicating internal management tool. The US Army disposition approval is attached to the Criminal Investigation Laboratory original DA Form 4137 for file at USACRC. (USACIL), adjudication, and pending If an item of evidence is made a permanent disposition suspense files must be part of the record of trial, the trial counsel maintained. Other suspense files may be coordinates this action with the evidence used, such as “Hold for Appellate Review,” custodian so that DA Form 4137 can be when the SJA advises that this requirement properly, annotated. exists. There can be many variations to suit the needs of your particular evidence DISPOSITION OF UNNEEDED depository operation. EVIDENCE AND NONEVIDENCE DA Form 4833 can be used to assist in Evidence connected with an investigation timely disposition of evidence (AR 190-45 in which no subject has been identified may contains additional information). If final be disposed of three months after completion action has not been accomplished, the form of the investigation without SJA approval. may be placed in suspense for 15 to 30 days. Consideration must be given to serious This simple method has proved an effective crimes when the probability exists that a follow-up to ensure timely disposition of subject may be identified. If a need to dispose evidence. of the evidence in less than three months is When it has been determined that final determined, the SJA must approve the administrative or judicial action has been action. In either case, the supervisor must taken in a known subject case, the original approve the disposal and complete the final custody document is handcarried or disposal authority section of DA Form 4137.

FM 19-10 145

161-016 O-94-10 INVESTIGATIONS

Items of evidence found at a crime scene items determined mission essential, that have no owner or are of no obvious disposition may be immediately initiated. If value, such as matchbooks, beer cans, it is not feasible to obtain written permission bottles, glass fragments, and wooden sticks, or approval before disposition of the will be destroyed in the presence of a witness evidence, verbal permission may be obtained by crushing, burning, or any other method from the SJA followed by written authority to render the items useless and harmless. on DA Form 4137. The witness in such cases can be of any Known document standards are normally grade. If no trial results from the returned to the office or individual from investigation, or if there is a trial and the whom received. Exemplars and other SJA advises the evidence is no longer documents that have no value or which the needed, then the appropriate return/release/ agency does not desire returned must be destruction can be made. Items in the destroyed. When such items are destroyed, evidence depository which are determined there is no requirement for a witness. by laboratory analysis and the SJA to be US government firearms and ammunition nonevidentiary in nature may be disposed retained as evidence must be returned to the of. The witness may be anyone. appropriate military organizations. DISPOSITION OF EVIDENCE Normally DA Form 581 (Request for Issue BELONGING TO US GOVERNMENT and Turn-In of Ammunition) is used as an When disposing of US government adjunct to DA Form 4137 for the turn-in of property, the items normally must be ammunition. Preparation of DA Form 581 is returned to the organization to which issued. governed by AR 710-2. Sometimes the unit cannot be identified or Final disposition of post exchange items, the item has been dropped from the property commissary items, and items illegally book. In such instances, the property must introduced into a host country, connected be released to the installation accountable with black market, customs, and postal officer. AR 710-2 is the authority for investigations, must be in accordance with government property disposition. local regulations, SOFAs, and laws or Recovered US government treasury checks customs of the host country. When evidence and money orders stolen or obtained from an is released to an external agency to be Army and Air Force Post Office (APO) permanently retained and disposed of by facility must be returned to the responsible that agency, the final disposal authority APO facility when no longer needed as portion of DA Form 4137 must be completed. evidence. Approval must be obtained from Limitation .0015 contingency funds held the SJA for this release or return. as evidence must be disposed of by US postal money orders not identifiable as depositing the funds with the local finance the property of a specific individual must be and accounting officer on DD Form 1131 forwarded to the Military Money Order (Cash Collection Voucher). Before depositing Division, Postal Data Center, PO Box 14971, funds with the finance and accounting St Louis, Missouri 63182, with a letter of officer, the accounting classification must be transmittal. (Include the case number, date the same as on the voucher on which the of final report, offenses, identification of funds were originally disbursed. A copy of subjects and victims, and a remark that the DD Form 1131 showing the return of the final report is available and on file at the money to the finance and accounting officer USACRC, 2301 Chesapeake Avenue, must go to the appropriate certifying Baltimore, Maryland 21222.) and approving officer. Another copy of When it is not practical or desirable to DD Form 1131 must be attached to the retain items of evidence such as military original evidence/property custody vehicles, government food items, or other document.

146 FM 19-10 INVESTIGATIONS

DISPOSITION OF PERSONAL Contraband firearms and ammunition or PROPERTY firearms and ammunition used or intended Items of personal property that are legal to to be used in commission of criminal acts own and possess are normally returned to and retained as evidence (not US the rightful owner. Personal weapons that government property) must be released to are lawful to own and possess but have been USACIL-CONUS. Ammunition is relin- impounded for minor infractions (such as quished to the nearest ammunition supply failure to register in accordance with local point, using DA Form 581. regulations) must be returned to the rightful Counterfeit currency or coins and the owner when the requirements of local equipment necessary to print or make them regulations have been met and the item is no are normally released to the nearest office of longer needed as evidence. the US Secret Service (USSS). However, if Money for which a rightful owner cannot the incident occurs outside the jurisdiction of be identified must be submitted to Army the US, the counterfeit items will be released to Finance with DD Form 1131. A copy of the the appropriate USSS office exercising juris- completed form is attached to the original diction over the host country. Coordination is custody document and forwarded to the effected with the USSS and SJA before USACRC with the completed case. making disposition of the items. Items of personal property belonging to Controlled substances that are not deceased or missing military personnel must associated with any ongoing investigation be released to the summary court officer in but were discovered or found on post may be accordance with AR 600-8-1. If the death of a immediately disposed of after it is civilian or military dependent occurs on the determined that the substance cannot be military reservation, normally the personal connected with any ongoing investigation or property is released to the agency assuming suspect. Controlled substances or narcotics jurisdiction of the investigation, such as the must be destroyed in the presence of a FBI. Consult the SJA for specific guidance witness in grade E6 or higher. The witness in such cases. may be any USACIDC special agent. The witness will not have been involved in the Items that have obvious monetary value, chain of custody. Destruction must be by and for which reasonable attempts to locate burning or by methods that will permanently the owner have failed, must be released to destroy the substance. Flushing the the property reutilization and marketing substance down a commode is not considered officer. DD Form 1348-1 (DOD Single Line an appropriate means of destruction. Item Release/Receipt Document) is prepared Definitive guidance is found in AR 195-5. when these items are released. SJA approval must also be obtained. This authority is DISPOSITION THROUGH found in DOD Manual 4160.21-M. NARCOTICS FIELD TESTING Nonnarcotic controlled substances may be DISPOSITION OF CONTRABAND, field tested when the commander exercising CONTROLLED, AND ILLEGAL court-martial jurisdiction of a subject ad- ITEMS OF EVIDENCE vises the PM or USACIDC supervisor that The disposition of contraband is governed court-martial action will not be taken by federal statutes. Therefore disposal of against the offender. Close coordination contraband must be in accord with with the commander concerned is essential applicable laws and regulations. to determine the appropriate course of Appropriate agencies should be contacted to action. If the commander contemplates determine if any other documentation is court-martial action, the evidence is necessary for disposition of contraband. forwarded to the supporting USACIL for

FM 19-10 147 INVESTIGATIONS

forensic analysis. Evidence consumed treated as any other original exhibit. It will through field testing must be appropriately be submitted to the USACRC along with the deducted from DA Form 4137 by annotating final ROI/MPR or other supplemental the chain of custody section to reflect information. When the final report and all disposition of the quantity consumed. In other supplemental information has been most instances the quantity consumed is forwarded to the USACRC before closing the estimated, or stated as “a few particles” if DA Form 4137, the DA Form 4137 is that is the case. forwarded to USACRC as a single exhibit USACIDC Form 36 (Field Test Results) without a letter of transmittal. The provides a record for field test results of USACIDC ROI number or USACRC report nonnarcotic controlled substances. This number, as applicable, must be reflected on form is prepared and signed by the person the form when forwarded as a separate conducting the field test. The test results are exhibit. The first copy of the form will be provided orally to the action commander as retained with the local file copy of the soon as possible in addition to a copy of pertinent ROI or MPR and destroyed with USACIDC Form 36. Copies are attached as the report. If the original DA Form 4137 is an exhibit and the original is retained and entered in the record of trial as a permanent ultimately forwarded to USACRC. part thereof, accompanies evidence released When definitive guidance cannot be found to an external agency, or is not available for in AR 195-5 or AR 190-22, the SJA is con- any other reason, a copy from the suspense sulted for guidance. It is the responsibility of copy is made and substituted as the the SJA to complete the final disposal action USACRC copy. A notation reflecting the section of DA Form 4137. disposition of the original will be made on the reproduced copy forwarded to USACRC. FINAL DISPOSITION OF When DA Form 4137 pertains to items not DA FORM 4137 connected with incidents or when a report is After all items of evidence listed on a not forwarded to the USACRC, DA Form particular DA Form 4137 have been properly 4137 will be maintained in the local disposed of, the original and first copy of the investigative case file to which it pertains form are placed in the case file to which they until the file is disposed of in accordance pertain. The original DA Form 4137 will be with AR 25-400-2.

SUPERVISING MILITARY POLICE INVESTIGATORS The military, police investigation super- initiated. The MPIS also ensures that an MP visor (MPIS) is directly responsible for the report number has been assigned and supervision and control of all investigators recorded. assigned to the MP investigation section. To The MPIS guides the investigation, successfully supervise an organized, checking case progress periodically. The efficient operation, the MPIS must ensure MPIS ensures that each investigation is that the regulations, policies, and procedures performed in a timely manner with entries are complied with. recorded in the reading file in accordance When an investigation is initiated and the with regulatory requirements and local case has been opened, the MPIS assigns policy. (See ARs 190-30, 190-40, and 190-45.) the case a number and records the case on Each entry will reflect case progress, and if DA Form 3975. The MPIS assigns an no investigation has been conducted, an investigator to the case and ensures a case entry will be reflected with a brief file is opened and a progress report is explanation. The MPIS ensures a first

148 FM 19-10 INVESTIGATIONS progress report is initiated and dispatched to coordination has been accomplished, the the commander of the suspect/subject on the MPIS ensures the final report is prepared. day the investigation becomes three days old The MPIS checks the final report for content (counted from the date it was reported in the and errors. When all investigative leads MP blotter and the MP report number was have been exhausted and no subject has assigned). The MPIS ensures that additional been identified, an administrative closing is progress reports are completed and initiated appropriate until further leads are every 45 days thereafter until the case is developed. All MPISs review the case and finalized. The MPIS ensures that all MP note their approval on the case log and the reporting files/investigations are safe- police report. guarded against illegal disclosures. The Supervisors of MP investigation sections MPIS also updates suspect’s commander should continually check on the quality of and supervisor as necessary during the the performance of their investigators to investigation. The MPIS supervises the ensure that the MPI mission is being investigators and provides technical and effectively accomplished. An excellent administrative guidance as needed example of a quality control method is throughout the investigation. The MPIS outlined in FM 19-20. Other methods that makes all proper notification and assists the could be employed are observations of investigators in preparing for judicial interview situations through two-way proceedings. mirrors, critiques of statements as they are Once a subject has been identified, all obtained, and examination of statements leads have been exhausted, and SJA during the final case review stage.

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150 FM 19-10 CHAPTER 15 Investigative Means and Measures

T he success of an investigation can depend on the local application of criminal CONTENTS intelligence that investigators, worldwide, Page gather and process about crimes committed GATHERING CRIMINAL INTELLIGENCE . . . 151 by individuals or organized crime groups. USING AND PROVIDING CRIMINAL This criminal intelligence helps INTELLIGENCE ...... 153 investigators identify criminals and makes CONDUCTING INTERVIEWS AND them aware of criminal activity and INTERROGATIONS ...... 154 PERFORMING SURVEILLANCE AND violations of criminal law. It also helps them COVERT OPERATIONS ...... 156 prevent crime by allowing them to assess Surveillances ...... 156 crime problems and trends. Covert Operations ...... 157 The US Army uses criminal intelligence to possessed. The process by which investi- reveal criminal activities affecting the US gators change the raw data from untried, Army. Only data that are needed are undeveloped information into a useful form collected. Data solely about political for investigative needs is called the criminal activities are not collected. DA policy, stated intelligence process. It is an ongoing cycle of in AR 380-13, forbids collection and retention planning, collecting, evaluating, collating, of data on non-DOD personnel except for analyzing, reporting, disseminating, and data about crimes where DOD has reevaluating. The process, undertaken responsibility to investigate or prosecute. continuously both at local levels and at Criminal intelligence is more than just higher HQ, ensures that a broad spectrum of data documented in ongoing investigations. criminal intelligence is available to aid the It is any information observed or obtained investigator. The intelligence that is by investigators that may be of value when gathered is processed and disseminated to added to the criminal intelligence already all levels. GATHERING CRIMINAL INTELLIGENCE At command level, the Investigative correlated and disseminated to local units, Operations Directorate, USACIDC, super- this information can be used to reach vises the US Army’s criminal intelligence conclusions and make decisions. effort. It sets information priorities for worldwide collection. And it disseminates At installation level, USACIDC offices processed criminal intelligence to local and certain MP elements supervise the levels. USACIDC sets guides for two types of planning and collection of criminal criminal intelligence: essential elements of intelligence. The criminal intelligence criminal intelligence (EECI) and other coordinators in local units plan and collect criminal intelligence requirements (OCIRs). information of criminal functions within OCIRs are data that may be useful, but often command boundaries. They then forward it are not needed right away. EECI, on the on request or on their own initiative. They other hand, are critical items of data on also set local priorities within the overall criminal activities and crime areas to be program. They keep in touch with criminal collected at all levels. When EECI data are intelligence and law enforcement agencies.

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At investigator level, data are planned and Criminal intelligence must be accurate collected for input to the criminal intelli- and relevant. Usually the investigator who gence system. Collecting criminal collects the details is most able to assess the intelligence is a continual duty of all reliability of his or her source. That investigators, not just those assigned investigator can determine reliability by directly to a criminal intelligence section. recalling past experience with that source, as The investigator is the key to a successful well as comparing the data with that collection effort. The investigator is usually gathered from other overt or covert sources. the person in direct contact with local But even when the reliability of a source or human sources of criminal intelligence. accuracy of the criminal intelligence During daily activities the investigator looks collected is questioned, it is not considered for EECI and OCIRs. He does this useless. It is reported. The immediate need continuously and aggressively. Although for an item of criminal intelligence may not priority is placed on EECI needs, he must be seen. But this does not mean that item is not overlook other useful criminal not of value. intelligence. Higher USACIDC levels, having wider The local criminal intelligence coordinator sources of criminal intelligence than lower helps the investigator sift, sort, review, and levels, may assess the accuracy and analyze data. Sources of criminal intelli- usefulness of an item of data by comparing it gence are developed. Criminal intelligence is with a variety of other known data and gathered from both overt and covert sources. circumstances. When seemingly useless bits Overt sources may be citizens, workers in of criminal intelligence are fitted together, private and government agencies, members the many separate bits may, like jigsaw of police agencies, and unit commanders. puzzle pieces, form a recognizable picture. Postal workers, news media, phone books, The criminal intelligence collected on every and public records are also good, overt new case must be coordinated with the sources of criminal intelligence. Covert criminal intelligence center. sources include criminal elements willing to be sources and surveillant and undercover To bring together collected data to decide investigators. Development of sources of their importance and relation to other criminal intelligence is limited only by the criminal intelligence, data must be collated imagination of the investigator. and analyzed. The data must be combined with other related data and then analyzed to allow sound theories and judgments to be After data have been collected, collated, derived. The analysis of criminal and analyzed, they must be reported. intelligence can be done at the same time as Because some data being reported are collation. The same data may be analyzed sensitive, criminal intelligence is usually many times and by a variety of methods. reported on USACIDC Form 97 (Criminal The methods of statistical, system, Intelligence Report). Reports are tailored to computer, or operational research analysis the needs of the main user. Positive may be used. However, when an analysis is information is given. Reports are prepared done at any level of command, it is done to objectively. Conclusions drawn from the see if a pattern can be shown and to see if data are included in the report. After the more data are needed. An analysis also reported information is further analyzed at serves as a tool to reevaluate collection higher levels, criminal intelligence is plans. disseminated back to local levels. The criminal intelligence is disseminated to Reevaluation is the final stage of the reach the principal user—the local criminal intelligence process. It is a review investigator. at all levels of the potential use and benefit

152 FM 19-10 INVESTIGATIONS of the collected criminal intelligence. intelligence reflects current targets of Reevaluation serves to show where changes interest, as areas of concern vary over time. need to be made. It ensures that the And it ensures the information is obtainable information to be gathered reflects the needs from the contacts and sources of criminal and goals of local investigative units and of intelligence that are available. such units in general. It ensures the criminal

USING AND PROVIDING CRIMINAL INTELLIGENCE To be useful, criminal intelligence must be remain aware of the value of continuing to available and easily retrievable. Only if the cross-check leads or other aspects of the case investigator can get to the criminal against the available criminal intelligence. intelligence can he see if any exists that will When an investigation is complete, and the aid him in an ongoing investigation. investigator drafts his report of Three files are required by regulation to be investigation, he makes a last review of the maintained at each local USACIDC office. criminal intelligence. This action will ensure These are the name index card file, the the thoroughness of the report. And it will modus operandi file, and the offense file. The allow criminal intelligence gained in the name index card file contains criminal investigation to be checked against any intelligence cross-indexed by subjects, unsolved cases and, perhaps, aid in solving victims, witnesses, and organizations. The them. modus operandi file contains criminal When acting on a request for criminal intelligence on distinct manners of operation intelligence the investigator coordinates cross-indexed by subjects and cases. And the with the local Freedom of Information Act offense file contains criminal intelligence officer. The right to obtain information and indexed by the type of crime committed. the right to refuse to release information are But a unit’s investigative file system is not limited by regulation and by the Privacy Act limited to these. Other useful files may and the Freedom of Information Act. include criminal intelligence indexed by AR 340-17 gives guidance on USACIDC and unit, location, nicknames, stolen property, or MP law enforcement criminal intelligence type of vehicles. Criminal intelligence may systems. It exempts some law enforcement be indexed by any topic which would benefit investigative files from disclosure. These the investigative needs of a given office. files include source files and investigative working files. When an investigation is initiated, the criminal intelligence files are checked for As a participant in the criminal information regarding offenders, victims, intelligence process, the investigator must witnesses, modus operandi, similar offenses, understand and comply with legal and and, perhaps, even locale. And while regulatory restrictions on collecting, working on the case, the investigator must maintaining, and releasing information. CONDUCTING INTERVIEWS AND INTERROGATIONS Most investigations depend heavily upon Before MPIs can hope to develop the ability of the investigator to obtain interviewing and interrogating skills, and criminal intelligence. The solution to many before supervisors can guide their crimes has been the direct result of leads and subordinates, they must know the evidence developed through interviews and fundamental techniques of interviews and interrogations. interrogations. Basic understanding and

FM 19-10 153 INVESTIGATIONS attitudes must precede the development of Investigators listen to their stories. They communications skills. check what the people say in relation to the Interviews and interrogations are an known facts. Then they take the necessary investigator’s means of obtaining criminal action. intelligence from or about persons connected Procedures for preparing, planning, and with an incident. Investigators interview conducting interviews and interrogations persons who they believe are willing to give are found in FM 19-20. information about a case. In an interview they help people give, in their own manner Every investigation involves the and words, their account of the matter. After gathering of evidence, both physical and they give their account, the investigator testimonial. The collection and evaluation of reviews it with them to be clear on key physical evidence is an important part of the points. Or the investigator asks questions MPI’s job. However, without interpersonal to have them clearly explain matters not communication, the items of physical covered before, depending on the elements evidence have little or no practical value. It of the offense under investigation. is through communication with other Investigators may have to question a individuals that background data, giving number of people to get the criminal evidence meaning, are obtained. Therefore, intelligence needed. They may need to it is important that MPIs become effective question people who know a victim, a communicators. The military investigators suspect, or a witness. These people can help will find that a heavy percentage of the work investigators understand the reasons and load will be directly related to the gathering, actions of those involved in an incident they evaluating, and recording of criminal are investigating. These interviews, often intelligence resulting from interviews and conducted in the office, home, or place of interrogations. The questioning of suspects, business of the person being interviewed, witnesses, complainants, victims, and rarely result in an interrogation. informants is the investigative procedure Investigators interrogate only persons most frequently used by police officers. As a suspected of having committed or helped result of these activities, the investigative commit an offense, or persons believed to be supervisor will find that the majority of the withholding criminal intelligence about an work load will consist of evaluating offense. In an interrogation investigators interview and interrogation results. rigorously question persons unwilling to give the criminal intelligence they are It is essential to the investigative process seeking. They avoid interrogating anyone that the MPI supervisor ensures that during who can be successfully interviewed. and immediately following an interview, MPI personnel strive to evaluate the Investigators may find that some persons individual interviewed, any criminal questioned are only “distracters.” They have intelligence obtained, and the investigator’s no real connection with the crime, but they performance. These evaluation steps must be seek to present criminal intelligence. They accomplished to ensure that complete and may be publicity seekers who say they accurate reports are subsequently written. witnessed the crime. Or they may be For example, the number of false com- emotionally disturbed persons claiming plaints, especially in cases of sex crimes, is involvement in the crime. Despite the very high; victims of thefts often exaggerate; distraction these people create, investigators homosexuals will, at times, name other should not ignore them. Investigators must homosexuals with whom they have had make every effort to handle these persons so contact or nonhomosexuals whom they that neither the investigation nor the dislike for another reason. Eyewitness reputation of the armed forces suffers. accounts are frequently not reliable, and no

154 FM 19-10 INVESTIGATIONS two witnesses are likely to give the same their investigators and that all necessary account of an incident. If they do, the criminal intelligence relating to the investigator should scrutinize the investigation is being obtained. Therefore, it information carefully and make certain that is important that MPIs and their supervisors deception has not occurred. The investigator know how to effectively conduct themselves who is conscientious about improving his or in interview and interrogation situations her ability to interview persons successfully and how to evaluate the criminal evaluates performance during and after each intelligence obtained. interview or interrogation. An evaluation A criminal surprised and apprehended in should include approach, manner, and the act of committing a crime is sometimes success of the interview. This procedure is interviewed at the scene while still under particularly necessary when the investigator considerable emotional strain. Properly has been successful in obtaining from the handled, this interview may often produce individual all the criminal intelligence that an admission or confession that will help to was believed to be available. When a suspect establish the guilt of the criminal and other confesses and a written statement has been accomplices. These instances, however, are completed, it can be of great assistance in rare. Normally the interview is conducted at engaging the suspect in casual conversation the MP investigation section, either in an and asking him what was said or done that interrogation room or in individual caused him to confess. Through use of such investigative offices, where the emotional means, the investigator can improve feelings of guilt have to be cultivated by the knowledge and techniques each time an investigator using established techniques. interview is conducted. The proper environment for this type of Not only does the investigator have an interview is just as essential as the skills of enormous responsibility, but the investi- the investigator. (Refer to FM 19-20 for gative supervisor must assure that the complete discussion of interviews and procedures are being effectively applied by interrogations.)

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Depending on the situation at the time, If a telephone must be installed in the many locations are used as appropriate office being used as an interrogation facilities for interviewing individuals room, the interviewer should arrange for having knowledge of an incident being incoming calls to be transferred to investigated. However, when interrogating, another telephone. the best facility to use is an interrogation Every MP investigation section should room to ensure that the proper psychological possess at least one interrogation room of atmosphere exists. The following guidance the type just described. If the section does should be followed: not possess such an interrogation room, If any type of recording equipment is individual offices will have to be used until a employed, the interviewer must follow the facility is constructed. The individual procedures in FM 19-20. investigator’s offices should conform to the Desks, tables, and other furniture should guidance just discussed if possible. The most be located neither where they will impair important factor for the office interrogation the interviewer’s observation of the room or individual investigator’s office is the subject, nor where they will constitute a uninterrupted privacy of the facility to psychological or physical barrier to the ensure that the individual being interviewed communication between the interviewer will not be distracted and will be able to and subject. concentrate on the conversation. PERFORMING SURVEILLANCE AND COVERT OPERATIONS As investigators develop their special than one surveillant, the notes can be skills they may be called on to work on a compared for accuracy. Normally, surveillance or covert operation. surveillance deals with persons. Places and Surveillances and covert operations are things are watched if they relate to people or undertaken to learn about a suspect’s missions. Surveillance can provide activities and relationships. In these information about a person’s activities. It operations investigators attempt to watch can show where persons under surveillance suspects or associate with them without go. Or it can show where criminal activity their becoming aware of police interest. But takes place. It can verify the reliability of a for the operations to be successful, the source’s information. (FM 19-20 discusses investigators conducting them must be surveillance operations in detail.) trained and experienced. And sometimes they must have special skills. They may COVERT OPERATIONS even take on entirely different identities. A covert operation is an investigative There may be total, and in some cases process where the investigators use pretexts dangerous, involvement of the investigators. and disguises in order to get as close as Because of this, surveillances and covert possible to suspects, their associates, and operations are used only if there is no other criminal activity. An important purpose of a way that will work as well to get needed covert operation is to obtain circumstantial criminal intelligence. evidence. SURVEILLANCES While all investigations do not require a covert operation, a number of investigations Police surveillance is the systematic depend primarily on investigators operating observation of persons, places, or things to in a covert status to some degree. An get criminal intelligence. Surveillant make investigator may be put in a covert status to notes of actions they see performed by determine if a crime is being planned or has subjects under surveillance. If there is more been committed, to determine the location of

156 FM 19-10 INVESTIGATIONS

the crime, and to identify persons involved On occasion, it may be advantageous for in the crime. Probable cause can be the covert investigator to use public developed by the investigator so that transportation such as buses, trains, taxis, apprehension warrants and search warrants or subways. However, during most covert can be obtained when necessary. investigations, the investigator is provided a The first step in the planning process for a vehicle of some type. The means of covert operation is to determine if a covert transportation chosen is tailored to the operation is needed. The needs may be selected cover identity of the investigator as identified through a number of actions such well as the nature of the operation. The type as— vehicle chosen will vary according to the operation. Criminal intelligence. Liaison with other agencies. Weapons are carried by a covert investigator when there is imminent danger Observations. or if an apprehension might be necessary. If Crime prevention. an investigator is to carry a weapon, it is a Statistics. nonstandard issue-type weapon. Liaison is a must when coordinating a The carrying of any type of illegal weapon, covert operation. If relationships are bad, it such as a switchblade knife, by a covert will be difficult to obtain good results from investigator is not authorized without prior the operation. A covert operation, in most approval. Prior approval must be obtained in cases, requires coordination with the SJA, writing from appropriate military or civil federal investigative agencies, and civil authorities or both. authorities. An investigator must be provided The number of investigators required for a communication equipment and a point of covert operation must be determined. A contact. At a minimum, the investigator covert operation may last for a long period of must be provided a telephone and a 24-hour time. Therefore, investigators selected must contact point, preferably another not be scheduled for PCS, TDY, or to go on investigator or supervisor. The investigator leave. does not go through official channels such as

FM 19-10 157 INVESTIGATIONS

the MP desk sergeant unless it is an the truth. The investigator must never admit emergency. to the criminal element to being an MP. An investigator must keep his background Once a background story is presented to story as close as possible to his actual the criminal element, it is not unusual for the history. This makes it easier for the criminal element to check out the story. The investigator to remember the background investigator must ensure that data are story, and it also prevents mistakes that maintained in offices where the background might occur. story might be checked. The investigator must memorize his If apprehended, the investigator must background story to prevent the story from have specific instructions on what to do. The changing if questioned by different members investigator never identifies himself as an of the criminal element. An investigator MP in the apprehension unless there is must assume that criminals will try to trick reason to believe that he will be hurt by the him to find out if he is the person he claims authorities. Once at the jail, the investigator to be. An investigator must always must tell the jailer that he is a covert anticipate questions that the criminal investigator. The investigator must know of element might ask. The criminal element a name of a police official, other than the will ask questions, knowing the correct police chief, whom the jailer might answers, to see if the investigator is telling recognize.

158 FM 19-10 PART FOUR CONFINEMENT OF US MILITARY PRISONERS

The Military Police Corps’ role in the carry out Army policy by ensuring that confinement of US military prisoners is an persons held in Army custody are accorded integral part of the MP law and order humane care and treatment. The means, mission. MP confinement operations assist methods, and facilities used to carry out this in maintaining discipline and unit strength. operation differ with the environment. But The confinement of soldiers who transgress the MP’s just exercise of custody and control the laws and regulations of the military helps and their humane treatment of prisoners commanders ensure that discipline is upheld. remains a constant. MP are responsible for the confinement of Military police participation in the Army’s US military prisoners in both wartime and confinement and correctional system— peacetime environments. Assists the commander in maintaining Military police detain, confine, protect, and good order and discipline in the armed sustain US military prisoners. MP evacuate forces. prisoners when it is necessary. MP play a major role in the Army’s correctional system Promotes efficiency and effectiveness in for US military prisoners. From detention to the military establishment. confinement and correctional treatment, MP Strengthens the national security of the US.

FM 19-10 159 CHAPTER 16 Field Confinement of US Military Prisoners

On the battlefield MP provide for the CONTENTS temporary confinement and swift Page evacuation of US military prisoners. MP OPERATING FIELD DETENTION confinement operations parallel, but are FACILITIES ...... 160 separate from, the MP EPW internment and OPERATING FIELD CONFINEMENT evacuation system. Members of the US FACILITIES ...... 161 armed forces cannot be confined in EXPEDITING DISPOSITION ...... 162 immediate association with enemy prisoners of war, civilian internees, detainees, or other finement facilities (FCFs). When the foreign nationals who are not members of decision is made by the theater army the US armed forces. commander that prisoners are to be retained in theater, FDFs may be set up in the combat On the battlefield MP operate field zone and an FCF may be set up in the detention facilities (FDFs) and field con- communications zone (COMMZ).

OPERATING FIELD DETENTION FACILITIES Military police use FDFs in the combat collecting point can best take on zone. FDFs are temporary facilities set up to responsibility for US prisoners. But military detain soldiers placed in custody. FDFs are prisoners must be physically separated from used to hold soldiers in custody only until EPWs. When large numbers exist, an MP they can be tried and sentenced to team or squad may be given the mission to confinement and evacuated from the area. set up a detention facility. The PM decides when a detention facility is needed. The PM Whenever possible, soldiers awaiting trial plans the detention of US prisoners and remain in their units. Only when they assigns the mission to the company present a hazard to the mission, themselves, commander. The company commander tasks or others are they placed in pretrial an MP element to perform this operation, or confinement and detained by MP. MP he coordinates the removal of the prisoners companies assigned to corps and to a corps detention facility. If there are TAACOMS are responsible for the detention many prisoners in the company’s area of of US military prisoners in their areas of operations, a confinement team may be operation. Convicted military prisoners are required to set up a temporary detention moved when possible to confinement facility in the division area. facilities outside the area of operations. Unit commanders are encouraged to use In the combat zone, US military prisoners unit assets to detain soldiers accused of are detained in two ways. They may be crimes as long as feasible. But they may placed under the control of a squad or a team take them to an FDF if this is necessary. already performing another operation, such Procedures are provided in commanders’ as an EPW collecting point or a TCP. Or they policies for detaining and confining soldiers. may be placed in a separate, temporary FDF. If it is not feasible for the unit commander to When small numbers of US prisoners are on retain control, MP will temporarily detain hand, the squad operating the EPW the prisoners.

160 FM 19-10 CONFINEMENT OF US MILITARY PRISONERS

Either a team or a squad can operate an Corps Officer, who also conducts periodic FDF, A team operating a detention facility inspections. may organize so that the team leader Plans for establishing an FDF should controls the operation and spells the guards, include the following list of equipment and and the other team members perform guard supplies which represents minimum duty in alternating 12-hour shifts. When requirements: operating an FDF, MP sign a receipt for each prisoner on DD Form 629 and for the Barbed wire—roll. prisoner’s property on DA Form 4137. Barbed wire—concertina. Policies and procedures on the care and Fence posts. treatment of prisoners and the safeguarding Gates and doors. of the prisoners’ personal effects apply to FDFs to the same extent that they apply to Floodlights and spotlights, complete with other Army confinement facilities. The wiring. physical criteria for housing the facility in Emergency generator. permanent and temporary structures are Mess equipment and equipment for basically similar. Maximum use should be cleaning mess gear. made of existing structures to house Water cans and/or lister bag. confinement facilities. If a tent is used, it Typewriters. should not be smaller than the general purpose medium tent. Field expedient First aid equipment and supplies. facilities must be approved by the Medical Spare clothing and bedding.

OPERATING FIELD CONFINEMENT FACILITIES

Convicted US military prisoners are an FCF. FCFs are used to hold soldiers in usually only held for a short time in a theater custody only until they can be evacuated to a of operations. Then they are evacuated for correctional facility. An FCF can be a correctional treatment out of theater. temporary, semipermanent, or permanent However, they can be confined in theater if structure located in the COMMZ. Policies circumstances warrant. and procedures on the care and treatment of prisoners and the safeguarding of prisoners’ An FCF is maintained within the theater personal effects apply to FCFs to the same of operations when the prisoner population extent that they apply to Army confinement requires it, the distance to CONUS is too facilities in peacetime environments. great, or the lack of transportation to evacuate prisoners to CONUS demands it. A Although conditions within an FCF may separate MP confinement is be austere, military prisoners of the US assigned to the Personnel Command forces are given the benefit of shelter and (PERSCOM) to support the theater of sustenance like that provided duty soldiers operation’s confinement of US military in the area of operations. The MP prisoners. It provides the theater with confinement battalion commander selects trained confinement personnel. And it the general location of the confinement provides a place capable of handling 1,500 facility. The battalion commander must US military prisoners. ensure the location of an FCF is not adjacent to the base perimeter, ammunition supply Military police temporarily confine point, or any other area where the safety of soldiers in custody in tactical situations in the prisoners is imperiled.

FM 19-10 161

161-016 O–94-11 CONFINEMENT OF US MILITARY PRISONERS

The MP confinement battalion com- mander is the FCF commander and maintains command and control of the facility. Battalion HQ is assigned a number of MP guard companies to confine, protect, sustain, and evacuate US military prisoners. Confinement teams are deployed within the combat zone for pretrial detention purposes only as needed.

EXPEDITING DISPOSITION

The command PM seeks to expedite actions involving military prisoners in pretrial confinement as well as those who have been sentenced. Coordination with the USACIDC field element is undertaken to prioritize and expedite investigations on those persons held in pretrial confinement. And continuing coordination with Corps Support Command administrative services elements and transportation elements is necessary. When possible, prompt action is taken to ensure sentenced prisoners are expeditiously evacuated to the rear. Military prisoners are moved from corps detention facilities through the COMMZ confinement facility to confinement and correctional facilities in CONUS with a minimum of delay. The confinement facility commander, if one is required in a COMMZ, coordinates with the Assistant Chief of Staff, PERSCOM, to ensure prompt administra- tive action. Assets of the Transportation Command must be requested to support movement of military prisoners from corps to COMMZ and from COMMZ to CONUS. Coordination is made with TAACOM elements to provide subsistence for those military prisoners kept within a COMMZ for brief periods. Close and continuous coordination is maintained between the PM and the Commander, Medical Command. This facilitates the security and segregation of military prisoners undergoing medical treatment or being evacuated through medical channels.

162 FM 19-10 CONFINEMENT OF US MILITARY PRISONERS

FM 19-10 163 CHAPTER 17 Installation Confinement and US Army Correctional Facilities

O utside a theater of operations the MP CONTENTS accomplish the confinement of US military Page prisoners through their operation of the INSTALLATION CONFINEMENT Army’s correctional system. The long-range FACILITIES ...... 164 goal of the Army correctional system is to US ARMY CONFINEMENT AND help as many prisoners as possible become CORRECTIONAL FACILITIES ...... 166 responsible, productive citizens when released to civilian life or returned to correctional treatment, the mission military duty. The philosophy of the Army emphasis differs at each level. The correctional system is to administer differences in mission emphasis are based discipline on a corrective rather than a on the length of time prisoners are to be punitive basis. The services and programs confined and the facilities and services such employed by the Army correctional system confinement requires. are designed to prepare prisoners for return The MP mission of confining US military to civilian life or to military duty, whichever prisoners is accomplished by maintaining is prescribed by the needs of the Army. This prisoners in custody and under control. MP philosophy governs all phases of maintain custody of US military prisoners confinement and correctional treatment. The from the moment of custody to final release. Army correctional system provides for the The maintenance of custody and control is differing confinement needs of persons held the basic purpose for which MP operate the for short, medium, and long periods. It does Army’s confinement and correctional this by maintaining a three-tiered facilities. Facility personnel achieve and correctional system. maintain custody and control of prisoners by At the local level are the installation employing a number of custody and control confinement facilities (ICFs), which hold measures. Prisoners are subject to custody pretrial detainees and short-term posttrial and control measures 24 hours a day in all prisoners. Army ICFs provide limited aspects of their lives in confinement both services and custodial supervision. On the inside and outside the facility. second and third levels are the US Army To maintain custody, limits are placed on Correctional Activity (USACA) and the US prisoners’ freedom of movement. Custody is Disciplinary Barracks (USDB). Both the maintained within a facility by the presence USACA and the USDB are full-scale of guards, walls, fences, protective lighting, correctional facilities. Although the mission alarms, and locking devices. Custody is at all levels of the Army correctional system maintained outside a facility by the presence is to confine US prisoners and to provide of guards or supervisors.

INSTALLATION CONFINEMENT FACILITIES MP operate ICFs to confine pretrial informed of the nature of the offenses for detainees, posttrial prisoners awaiting which they are being confined. This is done transfer to another facility, and prisoners at the time the prisoner is confined. serving short-term. sentences. Accused Individuals are accepted for confinement prisoners in pretrial confinement are only on receipt of a court-martial order, a

164 FM 19-10 CONFINEMENT OF US MILITARY PRISONERS

valid DD Form 497 (Confinement Order) or a prisoners when they are released from report of the result of a trial. Specific confinement. procedures for pretrial restraint and pretrial Installation PMs are responsible for staff confinement can be found in the MCM Rules supervision of the operation and for Courts-Martial 304 and 305 and local administration of ICFS. They also are supplements to AR 27-10. responsible for the custody and control of prisoners confined in hospitalized-prisoner The staffs at ICFS provide administrative wards. The installation PM guides and services, custodial supervision, and limited assists the facility commander and his staff counseling. Other important ICF functions in training the prisoners and the staff, include screening prisoners for transfer to implementing emergency plans, and another facility, processing prisoners whose obtaining people, equipment, and supplies to adjudged punitive discharge is ordered, and operate the facility. The installation PM also coordinating with the installation Adjutant is responsible for ensuring that prisoners General (AG) for the reassignment of receive proper medical care.

FM 19-10 165 CONFINEMENT OF US MILITARY PRISONERS

ICFs are arranged with the primary goal an interservice support agreement (ISA). It of safely controlling detainees and prisoners. is based on the particular needs of the Special consideration is given to cells and services in the area the facility serves. The living quarters, fire protection devices, and rules, regulations, laws, and procedures that locking devices. ICFs must meet specific apply to the confinement of Army prisoners requirements for location, site, and the also apply to the confinement of members of amount of space allotted for confinement the other services. (See FM 19-60 for a areas in which prisoners are quartered. The complete discussion of ICFs.) inmate population is segregated into detainees, enlisted prisoners, and officer When access to an ICF is not available, prisoners. Each group is further segregated military prisoners may be temporarily by sex. Workshops and recreation areas are confined in federally approved local, county constructed in facilities large enough to or city jails or in MP detention cells. For a accommodate them. All ICFs must meet the detailed discussion of temporary confine- physical requirements for the confinement of ment of military prisoners, see AR 190-47. both sexes (see AR 190-47 for details). In a peacetime environment PMs of Usually the prisoner capacity of a facility tactical units tenanted on an installation is based on 1 percent of the troop strength of (refer to FM 19-60 for configuration the area being served. In some cases, the information/requirements) exercise staff prisoner population of a facility may be very supervision over confinement facilities that small, or the size, location, or troop strength are set up by the units in the field. When in of an installation may not warrant a facility. garrison and when facilities are provided by Under such circumstances and when the the installation on which the tactical unit is installation commander so decides, stationed, tactical unit PMs advise their prisoners of one service may be confined in commanders and staffs on current policies confinement facilities operated by another and procedures pertaining to prisoners. service. The services coordinate a local Tactical unit PMs also maintain liaison with written agreement. The agreement is called the installation PM.

US ARMY CONFINEMENT AND CORRECTIONAL FACILITIES The US Army operates two “permanent” specialized correctional programs. For more full-scale correctional facilities. The information on USDB and USACA, see FM missions and functions of the USACA and 19-60. the USDB are similar. Both facilities provide a safe, secure environment in which to Although federal civilian penal institu- confine prisoners. At both facilities the tions are not a part of the Army correctional mission emphasis is on correctional system they are sometimes used by the treatment and educational and vocational military to confine prisoners. Military training. And both facilities are staffed with prisoners whose disciplinary and carefully selected, well-qualified adjustment records indicate a need for the correctional, supervisory, and professional treatment available in a federal penal personnel. The USDB and USACA provide institution may be so confined. Military the professional evaluation, counseling, prisoners who are to be confined in a federal training, custody, and personnel institution are first confined at the USDB. administration needed to prepare inmates From there they are transferred to the for return to civilian life or military duty. federal institution. For further guidance on The USDB, however, because it confines procedures involving federal penal long-term prisoners, can and does provide institutions, see AR 190-47.

166 FM 19-10 PART FIVE TERRORISM COUNTERACTION

Terrorists employ the calculated use of Terrorism can be a means for a nation to violence or threat of violence to attain project power. Terrorism may be used to political, religious, or ideological goals. exhaust or deplete another nation’s will or the Because military personnel and military resources of its armed forces. Terrorism, police serve as protectors of society, terrorists when used to cause governments to react consider them to be their adversaries. repressively, can foment feelings of hatred Terrorists believe successful attacks against toward government leaders and institutions. military targets show the vulnerability of the The structure of most terrorist groups established society. They also believe prevents intelligence sources from successful attacks help show terrorism to be a infiltrating. But it is known that terrorist means of effective change. Throughout the cadres often carry out orders from higher world the MP endeavor to ensure that US level leaders. And the groups are often Army personnel and facilities are perceived maintained by strong political support. as undesirable targets. Terrorist groups are capable of diverting Terrorists are extremely dedicated and resources and disrupting the operations of must not be underrated. They are formidable government agencies using only a few adversaries. The use of terrorist tactics persons and small amounts of equipment. In worldwide has increased over the years, and time of war, it is expected that these groups this upward trend is not expected to abate in will use their skills, resources, and terror the near future. Terrorists are becoming more tactics to further their objectives. daring, ruthless, and willing to go to violent to accomplish their goals. The MP role in terrorism counteraction is extremes clear: prevent when possible, respond and Terrorists prefer operations that have a high resolve when required. In both peace and war probability of success and escape. But terrorists MP deter, deny, detect, delay, and respond to may choose a hardened, well-defended target, terrorist attacks. On the battlefield MP help especially if success is likely and if they protect units and facilities against the Level I can justify the end result as worth the risk. threat of spies, saboteurs, terrorists, and Terrorist groups have active cadres who enemy forces as part of their area security train other terrorists. These trainers mission. (See FM 19-4 for details on MP emphasize tactics that have been proven terrorism counteraction on the battlefield.) successful. Terrorists reconnoiter and In peacetime MP help protect personnel, maintain extensive surveillance to gather equipment, and facilities against spies, detailed intelligence. They plan and rehearse saboteurs, and terrorists as part of their law their attacks. The trainers teach measures to and order mission. Terrorism always entails counter response actions and innovations. criminal activity. Terrorist goals are And as governments take action to counter achieved through intimidation, coercion, and terrorism, terrorist organizations often alter instilling fear. Terrorist groups often hold their tactics. hostages or undertake kidnappings to obtain The many existing terrorist organizations material or political demands. Common constitute a threat for both peacetime and terrorist tactics include bombings, hijack- wartime. The probability of terrorism and ings, arson, and ambush. MP undertake other acts of sabotage and subversion is peacetime terrorism counteraction to help heightened during periods of hostilities. suppress crime and maintain order.

FM 19-10 167 CHAPTER 18 Planning Terrorism Counteraction

CONTENTS At Army installations worldwide, Page terrorism counteraction is being planned, ANTITERRORISM ...... 168 practiced, assessed, updated, and carried out. Collecting Intelligence and Ideally, the total Army community helps Analyzing Vulnerabilities ...... 168 develop and implement installation plans for Taking Preventive Measures ...... 169 terrorism counteraction. And MP are COUNTERTERRORISM ...... 171 involved extensively. MP help develop and Lead-Agency Concept ...... 172 they can help implement both the Response Operations ...... 172 antiterrorism and the counterterrorism Response Operations Within components of terrorism counteraction. Host Nations ...... 173 ANTITERRORISM Antiterrorism measures are developed to Reviews antiterrorism programs to ensure reduce vulnerability to terrorist attack. They OPSEC programs and the like developed are used to prevent or to defend against by other agencies on the installation terrorist acts. Antiterrorism measures are complement those developed by the PM used to defend US personnel, equipment, and office. facilities. They may be used to defend allied Participates in developing memorandums personnel and facilities, but such use must be of understanding with federal, state, and specifically requested and approved. MP local law enforcement agencies. antiterrorism measures include collecting intelligence, analyzing vulnerabilities, and taking preventive measures. And MP are COLLECTING INTELLIGENCE AND active in installation antiterrorism planning. ANALYZING VULNERABILITIES The PM, his representative, or his staff– Obtaining intelligence and analyzing Participates in the development and vulnerabilities are prerequisites to planning periodic update of the installation’s Threat preventive measures. A well-planned, Assessment. systematic, all-source intelligence program is Develops the installation’s physical essential to knowing the threat. The role of security plan and crime prevention plan. intelligence is to identify and quantify the threat. It also provides a timely evaluation of Conducts appropriate inspections, terrorist capabilities, tactics, and targets. As surveys, and vulnerability assessments. knowledge is gained, a threat assessment can Participates in the overall assessment of begin. All available information is examined installation vulnerabilities. to develop intelligence indicators of future Coordinates with USACIDC for personal terrorist activities. Analyzing the threat is an security vulnerability analysis of high-risk essential step in preventing or reducing personnel. vulnerability to terrorist acts. Participates in designating mission Intelligence activities in terrorism essential vulnerable areas (MEVA) and counteraction are a team effort. Many federal the orientation of planned protection for agencies are actively involved in countering these areas. terrorism. These agencies provide technical

168 FM 19-10 TERRORISM COUNTERACTION support and evaluation. And they share composite. This permits a commander to see information. And controlled liaison with what is happening or is about to happen and civilian and HN police and intelligence to plan accordingly. agencies is essential. Exchanging Coordination of information among MP information prevents duplication of effort units, USACIDC area offices, military and reduces the likelihood of compromising intelligence units, and civilian police ongoing intelligence collection efforts. agencies is active. In the US, MP and US Army Intelligence and Security USACIDC field offices exchange infor- Command (INSCOM) is the lead Army mation and intelligence with installation agency for Army, foreign, and counter- security and INSCOM elements. Outside the intelligence activities against terrorism. US, liaison is conducted by MP, USACIDC, INSCOM coordinates with appropriate US and INSCOM elements with HN and allied and HN agencies when initiating any law enforcement and intelligence agencies. intelligence activity. It also provides overall Liaison is conducted in accordance with direction and coordination for the Army SOFAs. Regardless of locale, any counterintelligence effort. Local INSCOM information and intelligence exchange offices provide area coverage at all levels of includes briefing the local commander. And command. The Intelligence and Threat wherever located, MP elements, in Analysis Center (ITAC) is an agency of coordination with military intelligence INSCOM. It disseminates specific threat elements, investigate and report illegal warnings to applicable commands and terrorist acts against the US Army. They also activities. Periodic regional threat packets conduct liaison with civilian police agencies are provided to supported commands and as required. activities. On request, ITAC provides current intelligence data on terrorist groups and TAKING PREVENTIVE MEASURES individuals. Properly planned preventive measures, The MP serve as a major source of when resourced and employed, reduce information in support of terrorism vulnerability to terrorist attack. Vul- counteraction. Terrorists violate the law nerability assessments identify existing or when they commit terrorist acts. MP agencies potential conditions conducive to terrorist or maintain information on known criminal criminal activity. Physical security surveys incidents within their jurisdiction. (See and inspections, crime prevention surveys, section on criminal intelligence earlier in personal security surveys for high-risk text.) This information is of vital interest to personnel, the installation vulnerability intelligence efforts. MP activities and determination system, and OPSEC surveys USACIDC units collect and evaluate are among the tools available to installation criminal intelligence. Local units and higher commanders/staff personnel. They are used headquarters coordinate the development to determine the vulnerability of installation and dissemination of information. personnel, equipment, and facilities to USACIDC disseminates terrorist-related terrorist attack or criminal activity. information to installation and activity commanders within the affected area and to The Army’s programs for OPSEC, INSCOM. personnel protection, and physical security Successful efforts to counter terrorism are all excellent means for reducing depend on successfully providing com- vulnerability. Each helps to protect manders timely, user-specific information of operations, activities, installations, and the terrorist threat. Integrating information resources from hostile exploitation. But provided by civilian, military, and maximum benefit from these measures is governmental agencies produces a gained when all of these programs are

FM 19-10 169 TERRORISM COUNTERACTION implemented in concert. Each of the specially trained personnel. (See the chapter programs seeks to reduce installation on protective services.) And it includes vulnerability to criminal or hostile acts. Each protective measures to be taken by the high- of the programs focuses on a different level of risk persons themselves. These latter vulnerability or type of risk. Thus the measures help persons decrease their programs can complement each other. When vulnerability to terrorist attack. Such all of the programs, goals, objectives, and measures reduce the likelihood of terrorist requirements are integrated, a synergistic success. And they act as deterrents to prevention effect is realized. This is the key to terrorist activity. a strong prevention program. The effect of the total interaction is far greater than would Physical security measures also protect be expected of the sum of the parts. and safeguard personnel from terrorist acts. Physical security programs mesh human OPSEC denies adversaries information resources and mechanical systems to about friendly military operations. This prevent unauthorized access to equipment, denies terrorists information about potential facilities, materiel, and documents. Program targets. Terrorists select targets that offer the managers plan and evaluate courses of most opportunity for success. Information action that improve physical security of passed unknowingly by military personnel quarters, offices, and installation facilities. and family members is used by terrorists in Physical security programs help deter or their planning efforts. OPSEC reduces the reduce the chances for successful terrorist availability of this information. OPSEC attacks. They complement other installation procedures— programs like crime prevention and OPSEC. Protect itineraries, travel plans, and (See FM 19-30 for specific measures. See personnel rosters. AR 500-50 and FM 19-15 for policy and guidance for the control of terrorist acts in Eliminate established patterns. civil disturbances.) Protect building and facility plans, billeting assignments, and VIP guest lists. Some antiterrorist measures are active Ensure discussion of classified or sensitive defense measures. Aggressive counter- information only on National Security surveillance is fundamental to countering Agency approved, cryptographically terrorism. Persons, and certainly high-risk secured telephone or radio circuits; for persons, and installation security forces example, automatic secure voice must be trained to be aware that communications system. surveillance is possible. They must understand the need to counter it. They must Protect personal or family information become able to detect and report it. And from nonacquaintances. countersurveillance measures and Coordinate physical security measures to equipment must be available to them. When protect personnel and prevent gate personnel are equipped with cameras unauthorized access to equipment, they become a more effective counter- facilities, materiel, and documents. measure. They can photograph persons or vehicles suspected of surveilling an Personnel protection measures help to installation. protect personnel from criminal and terrorist acts. Personnel protection programs provide High-visibility deterrent measures can protective measures. They also create a convince terrorists they will be unable to threat awareness in people, especially those accomplish their “attack sequence” of considered high-risk potential targets. surveil, plan, execute, escape. Highly visible Personnel protection includes protective security forces and aggressive measures can services provided to high-risk persons by convince terrorists that the security of an

170 FM 19-10 TERRORISM COUNTERACTION installation is too effective for them to Providing a high level of security at all succeed. If terrorists believe they cannot times is costly. Using a random application succeed, they are not as likely to attack. But of measures and procedures reduces costs. sometimes a deterrent does not reduce the At the same time, it reduces the likelihood of attack. Instead, it may only attractiveness of the target. Terrorists cause the terrorists to change their methods generally want to avoid the unexpected. or their target. And terrorists deterred from Unpredictable coverage patterns can be their well-defended primary target may used for guard and security patrols. On a decide to attack a more lightly defended larger scale, varying an installation’s target. Use of high-visibility measures operating schedule may be useful. Even just requires a frequent reassessment of total varying the time, day, and locale of staff target vulnerability. meetings can be useful.

COUNTERTERRORISM Counterterrorism measures are under- Develop the special threat plan. The plan taken to resolve terrorist incidents. Army should include contingency plans to policy stresses deterrence of terrorist control installation access, response to incidents through preventive measures. hostage barricade situations, response to However, when a terrorist incident occurs, bombings, response to arson, and the like. military resources respond to gain control of Establish and train an SRT. the incident quickly. MP or security patrols on duty at the time of a terrorist incident are Train selected personnel in protective the initial response force. And the PM, his services operations as required. designated representative, or his staff Serve as a member of the installation’s should, as a minimum— crisis management team (CMT). Provide input to the development of the Serve as commander of the installation’s installation’s crisis management plan. threat management force (TMF).

FM 19-10 171 TERRORISM COUNTERACTION

LEAD-AGENCY CONCEPT EOC controls or assists in directing the The US government terrorism military response and coordinates with counteraction policies are characterized by higher, lower, and adjacent military the lead-agency concept. Terrorist acts that headquarters and organizations. The CMT occur within the US are managed by the is composed of selected representatives from Department of Justice (DOJ). So are acts the installation staff. It is formed to assist within the District of Columbia, the the commander in controlling the incident. Commonwealth of Puerto Rico, and US The CMT provides advice to the commander possessions and territories. The lead agency and the TMF through the EOC. The TMF is for the operational response to a domestic the tactical element of the EOC. The TMF terrorist incident is the FBI. The Federal commander has operational control of all Aviation Administration is the lead agency installation military forces at the incident for actions affecting the safety of persons site. (See the chapter on special reaction aboard aircraft in flight. (“In flight” is teams for further discussion.) defined as that period of time beginning the moment all outside aircraft doors are closed after embarkation. It lasts until the moment RESPONSE OPERATIONS when one such door is opened for Counterterrorist response operations on disembarkation.) military installations within the US and its The lead agency for terrorism against US territories and possessions are characterized personnel and facilities not within the US or by three phases. The occurrence itself its possessions and territories and for the institutes the first phase. foreign relations aspects of domestic terrorism is the Department of State. HNs MP respond to isolate, contain, and have responsibilities in accordance with evaluate the incident. MP— international law and applicable SOFAs. Provide the initial patrol response. Coordination between the US and HN governments is accomplished by the Determine the scope of the incident. Department of State. Determine the motives of perpetrators. Military personnel support the lead MP provide the initial report to the PM. If agencies in accord with federal laws or the incident requires it, MP direct memorandums of agreement. Command and inner/outer perimeter forces and implement control of military forces for counterterrorist the special threat plan. If the incident is operations resides with the DOD. Army declared to be a possible terrorist act, the regulations require that procedures, installation terrorist threat response guidance, and policies for the protection of contingency plan is implemented. In such a US resources be established for all Army case the FBI, the Army Operations Center, installations or activities. Such contingency and higher headquarters are notified plans must contain specifics for terrorism immediately. counteraction. Phase II begins with the commitment of The installation commander is responsible FBI or military forces from outside the for command and control of installation installation. (Requests by an installation resources during a terrorist incident. commander for additional military forces Command and control actions, however, are are coordinated through DA channels if the typically planned, coordinated, and directed FBI has not assumed jurisdiction.) The FBI by the emergency operations center (EOC). has primary jurisdiction for domestic This center is activated immediately when terrorism. It assumes jurisdiction if the terrorist/special threat incidents occur. The incident is of significant federal interest.

172 FM 19-10 TERRORISM COUNTERACTION

Installation personnel continue under the local military intelligence elements who, in direct control of the military even when the turn, forward them to ITAC. FBI assumes jurisdiction. The military provides support to the FBI based on RESPONSE OPERATIONS WITHIN provisions of the DOD and DOJ HOST NATIONS Memorandum of Understanding. When the In response operations outside the US and FBI assumes jurisdiction of the incident, its territories and possessions the basic military personnel continue to support the responsibility lies with the HN. SOFAs, FBI as needed. Command and control of however, may grant the right (not the military personnel remains with the responsibility) to US forces to do whatever is military. necessary to maintain order and security on The commitment of additional military the installation. US procedures for forces by the National Command Authority responding to terrorist incidents on the to resolve the terrorist incident initiates installation are established according to US phase III. If the FBI has jurisdiction of the and HN law and SOFAs and in coordination incident, requests for these additional with HN governmental agencies. resources are accomplished through DOJ The military response on installations channels in accordance with the outside the US might consist of an initial Memorandum of Understanding between response by installation law enforcement, the DOD and DOJ. If military forces are other military resources, and HN law committed, the secretary of defense directs enforcement agencies. The installation military operations according to law commander is responsible for the initial enforcement policies determined by the response to a terrorist incident. Notification attorney general. If the installation of the incident is made in accordance with commander retains jurisdiction (no FBI applicable SOFAs and Army regulations. As involvement), requests for additional a minimum, higher headquarters, the HN, military forces are accomplished through and the Department of State (country team) DA channels. are notified. Phase II starts when US Upon termination of the incident, certain military forces from elsewhere in the country key military personnel, if requested by the are brought in or HN forces are committed. FBI, remain at the site to protect the Phase III starts when the HN commits integrity of the investigative process. specially trained counterterrorist forces. USACIDC special agents, in conjunction Augmentation by US forces from outside the with the FBI, collect and process evidence country requires HN consent. Coordination for possible criminal prosecution. between the US and HN governments is Investigation results are coordinated with provided by the Department of State.

FM 19-10 173 CHAPTER 19 Protective Services

The structure of the American democratic CONTENTS society depends on the intimate association Page of the people with their chosen leaders. But US ARMY PROTECTIVE SERVICES ...... 174 the dissidents and the disaffected of either extreme, left or right, attempt to isolate public PROTECTIVE SERVICES DETAILS ...... 175 figures from the people. In the face of impeded Employment of Weapons ...... 176 movement or attempts to embarrass, kidnap, Carry and Use of Firearms ...... 176 or even assassinate them, many leaders have PROTECTIVE SERVICES PRINCIPLES . . . 178 courageously continued to meet and PROTECTIVE SERVICES DEFENSE communicate with the public. They do this FUNDAMENTALS ...... 179 despite demonstrations, threats of violence, PROTECTIVE SERVICES OPERATIONS . 180 and assaults. Such violent incidents generate Low-Profile Operations ...... 180 widespread fear. They endanger life. And Low-intensity Conflict Operations...... 180 they interfere with the conduct of business Preparation and Planning ...... 181 and diplomatic relations. The rights of public Execution ...... 182 and private officials must not be violated: Review ...... 182 Leaders must be able to communicate with PROTECTIVE SERVICES DETAIL the people. Leaders must be able to function RESPONSIBILITIES ...... 184 freely and safely. One means of preventing or Principal ...... 184 reducing exposure to violence and of Detail Leader ...... 184 increasing personal safety is through the Personal Security Officer ...... 185 Shift Leader ...... 186 provision of “protective services.” Advance Team ...... 186 Residence Watch and Baggage US ARMY Team ...... 187 Protective Team ...... 187 PROTECTIVE SERVICES Other Support ...... 188 PROTECTION ON FOOT ...... 188 US Army commanders are responsible for protecting dignitaries and other high-risk PROTECTION ON-SITE ...... 189 individuals in the commanders’ areas of PROTECTION DURING TRAVEL...... 189 responsibility. Commanders must be able to provide professional, personal protection commensurate with the threat. The One of a commander’s principal resources vulnerability of visiting dignitaries, to counter the possible danger to an designated high-risk persons or their individual is the presence of a protective families, and other persons needing personal services (PS) detail. A PS detail may be protection must be offset. When threat composed of USACIDC, MP, or other law condition; grade, position, or location of a enforcement personnel. The detail provides person; or special conditions presenting a an “enhanced response” to developed threats danger to an individual create a need for against persons within the commander’s protective services, resources must be area of responsibility. Usually, the PM is available. And they must be committed in a responsible for organizing, training, graduated response to provide sufficient equipping, and maintaining the PS detail. personal protection to counter potential Some installations may require a PS detail adverse action. on a full-time basis. But a permanent detail is

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likely to be the exception rather than the rule. Activity, USACIDC. But if commitments and Most installations only require protective availability of resources permit, field services on a part-time basis. And in some elements may be called upon for advice or instances, such as when the secretary of planning assistance. defense visits an area of military responsibility, a local commander may only Protective services other than those be requested to support the PS detail that required of USACIDC remain the accompanies the visiting dignitary. But all responsibility of the installation or area US Army installations should have commander in whose area a dignitary resides identified and trained personnel available for or is visiting. The commander of a protective services when they are needed. geographical area is responsible for the safety and security of all dignitaries and Specific missions and responsibilities are high-risk personnel traveling through his set by the nature of the circumstances. US area. (See AR 190-10.) Traditionally, the Army conduct of a PS mission is limited, in installation PM is tasked by the commander part, by HN responsibilities, Department of to provide security for the dignitary. The PM the Treasury and Department of State tasks his MP investigators to provide authority, legal and political restrictions, and personal security for the designated persons. appropriate regulations. Specific response The MPIs, in turn, are usually augmented by capabilities are limited by the threat, by other MP. MP conducting protective services availability of resources such as personnel normally report to the PM who, in turn, and equipment, and by training time. reports to the installation commander. Sometimes protective services are limited by The commander controls the resources the personal desires of commanders and used for protective services within areas of protectees. his military jurisdiction. Funding for PS operations in the Army are divided into protective services is the responsibility of the two categories: those conducted by commander who directs his personnel and USACIDC and those conducted by MP commits his assets to such a mission. The assigned to a local PM office. Joint Travel Regulation provides funds for persons engaged in protective services in a Headquarters, USACIDC (in accord with temporary duty status. For expenses incurred AR 1-4, AR 10-23, and AR 190-10) provides by PM personnel or USACIDC special agents security for particular persons designated by providing protective services, AR 195-4 higher authority. The chain of command for permits advance funds to cover anticipated most USACIDC agents conducting PS expenses or allows recovery of personal funds remains within USACIDC. USACIDC field expended during the mission. Coordination elements conduct PS operations only with with the local USACIDC element is required permission of the Commanding General, of the PM prior to the obligation or USACIDC, or the Chief, Protective Services expenditure of .0015 funds by PM personnel.

PROTECTIVE SERVICES DETAILS In a PS operation the main participants are Individual members of a PS detail may be the person being protected, known as the involved in more than one element during a principal, and the PS detail. The PS detail particular operation. has a detail leader (DL), a personal security Personnel being considered for PS officer (PSO), an advance team, a protective assignments should be in excellent mental team, a residence watch, a baggage team, and and physical condition. They should conform such other security teams as may be required. to established Army height and weight

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standards as prescribed in AR 600-9. They these individuals. But once personnel are must be reliable, presentable in appearance, identified as part-time or full-time PS intelligent, and articulate. They must qualify personnel, it is recommended that they train as expert on assigned weapons. A knowledge as a team to refine their individual skills and of police unarmed self-defense tactics is coordinate teamwork. desirable. Knowledge of the principal’s language, if foreign, is desirable but not EMPLOYMENT OF WEAPONS essential; interpreters or translators are Of primary importance for a PS detail is the usually provided by the host. The candidate anticipated use of weapons. The employment must be aware of the inherent dangers and of weapons is made with the following adversities of the assignment. He or she must considerations in mind: be willing to sacrifice personal safety to Availability of weapons. protect a principal at the risk of serious Threat analysis. personal injury or even death. Location of the mission. Members of details must be thoroughly familiar with protocol requirements, Desires of the chain of command. personality information, and itineraries. And The employment of weapons must be they must be fully briefed on all aspects of the consistent with established Army policy and mission. They must be able to act quickly and with local and foreign laws. PS personnel appropriately in an emergency situation. armed with automatic weapons must have And they must be completely experienced in successfully qualified with these weapons. all aspects of PS operations. Supervisors must ensure that firearms training is well documented and made a When adverse action is directed against a matter of permanent record. principal, it is the smooth, professional, and organized actions of the PS detail that will CARRY AND USE OF FIREARMS most effectively counter the threat. Security PS personnel are armed with a US Army personnel must be trained so well that in an sidearm. When required by the mission, they emergency, despite the excitement and have access to riot , rifles, or emotion involved, they will instinctively act automatic weapons. Riot agent grenades or correctly. Security personnel must be dispensers are carried and protective masks proficient in special techniques. They must be are available for members of the official able to protect the principal when he is party and security personnel when threat walking or traveling by motor vehicle, train, conditions warrant. aircraft, or boat. They must be able to protect the principal when participating at public USACIDC agents are authorized to carry assemblies. concealed weapons in the performance of Although difficult, and in some cases their official PS and investigative duties in impossible, PS details should ideally train accordance with AR 190-14. MP assigned to together, much as special reaction teams and PS details carry their assigned other small Army units do. Protection during the performance of their official demands teamwork. A PS detail functions as duties by authorization under AR 190-14. a unit. Each person on the detail must be fully They must have a DA Form 2818 (Firearms aware of his responsibilities and reactions as Authorization) in their possession. MP who well as what he can expect from his detail are authorized to carry concealed firearms in members. Currently, most PS training is not the performance of official duties have a geared to team training. It is difficult for each great moral responsibility to themselves, the Army agency to release five to seven people at principal, and the US Army. a time, because there are many other PS personnel may be authorized to carry commitments that are also being met by concealed firearms outside the US. But they

176 FM 19-10 TERRORISM COUNTERACTION must have prior approval from the country The response to firearms presented to be visited. Approval may be obtained against a principal does not include through the US embassy or through official members of the protective team returning agencies of the host country. But the fire. The return fire may cause death or approval may be revoked at any time by the grievous injury to innocent bystanders. PS host country. personnel maintain a defensive posture and After permission has been obtained from evacuate the principal from the “kill zone.” local authorities, PS members may have to There are situations when the immediate arrange to obtain their weapons from local use of firearms is the proper response. This US agencies in the host country. Or they would occur in extreme circumstances. If the may have to have the weapons delivered to principal’s vehicle is disabled in a kill zone them aboard the principal’s official aircraft. of an ambush, return fire is appropriate. If If permission to carry weapons is not organized attack occurs by multiple granted, guidance must be obtained from the assailants, return fire is appropriate. local commander. Aboard aircraft the weapon must be Supervisors coordinate weapons employ- carried concealed or locked in a briefcase ment with participating law enforcement retained by the individual. Personnel agencies when PS missions involve carrying a concealed weapon aboard an interoperability with other agencies. They aircraft must notify appropriate airline ensure full understanding of the guidelines officials of the presence of the weapon before for weapons deployment and use. boarding. Federal law enforcement officers Although no definitive rules of engage- are exempt under 49 USC 1472(1) from ment exist, it is generally agreed that any surrendering the weapon to the airline defensive actions taken by members of the representative. However, final authority protective team are undertaken for rests with the commander of the aircraft. protective reasons or in self-defense rather Upon request, personnel must give up than for law enforcement. In making this control of the weapon to the aircraft determination, one should consider if the commander. Usually when escorting a subject constitutes a present or a continuing principal aboard an aircraft, the weapon is threat to the principal. Or circumstances not surrendered; however, exceptions to such may indicate that the subject might repeat policies are governed by the circumstances the unlawful act that is considered to be a of the mission. The weapon may be threat to the principal. When restraining the transported in locked luggage stowed in the subject, only that force necessary to baggage compartment of the aircraft in accomplish restraint is used. The incident is accordance with AR 190-14. The weapon then immediately reported to the appropriate must be unloaded. federal, state, or local police or foreign authorities. And the subject is remanded to When it is necessary to carry firearms their custody. The action taken by the aboard a military aircraft, prior coordi- protective team must be shown to have been nation must be made with the appropriate necessary under an emergency situation. flight commander, the operations officer, or The restraint used must have been minimal. the pilot in command of the aircraft. And the restraint must have been only to the PS detail members must be familiar with extent needed to deliver the subject to the AR 190-28, which governs their use of custody of civil authorities. The action taken firearms. All weapons must be used in must have been in self-defense or to protect accordance with this regulation and its the principal. And the protective team must supplements; local, federal, and foreign have acted properly in fulfilling their official laws; and the mature judgment of PS responsibilities and statutory duties as personnel. officers of the federal government.

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161-016O-94-12 TERRORISM COUNTERACTION PROTECTIVE SERVICES PRINCIPLES The goal of a PS mission is to protect the all security arrangements before the arrival principal from all hazards. This includes of the principal at each location being hazards caused by personal design, accident, visited. For some missions, advance work is or negligence. But absolute protection is extensive and complex, while other missions never possible. Thus the objective of a PS may require less. The extent of the work detail must be to operate in a manner that depends on the threat, the availability of minimizes the likelihood of an attack and its resources and manpower, and the personal chances of success. desires of the principal or the local The “deterrence factor” offered by the commander. presence of a PS team is invaluable. If the As far as possible, protective personnel protective force is alert and firm in should adapt themselves to the convenience dispatching its responsibilities, the apparent of the principal. They should avoid control will be evident. Voluntary interfering with the principal’s official or cooperation on the part of the public usually private functions. The protection must not follows. The acquired atmosphere of unnecessarily interfere with the principal’s command frequently prevents the need for freedom of action. His privacy must always further action. Sometimes ostentatious be respected. And every effort must be made display of protective equipment and not to embarrass him or interfere with his personnel is needed under some activities. Protective measures and circumstances, such as in a combat zone or a personnel should always be as unobtrusive hostile fire zone, to bolster the deterrent as circumstances permit. factor. The resources used to protect the principal Every element of protection must be depend on the duration of the principal’s thoroughly planned in advance. Every actor travels. They also depend on the kind of movement of the principal and the protective public exposure desired by the principal or detail must be scrutinized to ensure required by circumstances. The modes of maximum security. All personnel must be transportation used, the locations visited, well briefed on emergency procedures. They and the ideologies of the population with must be able to react instantly and correctly. which the principal will have contact also Good preventive measures may save the life influence resource use. So too does the of the protector as well as the person analysis of inherent threats obtained during protected. advance threat information collection. Support of local police is important. They Planning is critical to success. Every may be integrated into the security in depth, phase of a protective mission must be and they can provide valuable threat carefully planned. The possibility of information. unexpected changes requires flexibility in planning such missions. Alternate and Release of personal information about the contingency plans should be prepared. They principal and other members of his party is should cover such circumstances as closely controlled. Certain details of the inclement weather, possible threats, or any itinerary and the security procedures to be other actions that may affect the security of employed are also closely controlled. the principal. Coordination with the host Security personnel do not discuss or release agency as well as other persons involved in this information to other than authorized the visit is essential. persons. Particular care is taken with regard to representatives of the press. Release of In all cases, advance work is the key to information can adversely affect the success. Advance work is the coordination of integrity of the mission. Current guidelines

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stress that the itinerary of a general officer is Sports jackets and slacks of conservative cut at least marked “FOR OFFICIAL USE and color may be appropriate for informal ONLY.” It may be upgraded when needed. occasions. Formal wear, such as a tuxedo, may be required for the PSO and some Generally, PS personnel wear clothing like members of the team. Sometimes specialized that worn by the principal. Conservative clothing like swimsuits or ski clothing is business suits are appropriate when needed. If not available, these items may be escorting a principal wearing a class A rented or purchased, when specifically uniform. Unconventional styles or colors authorized. Standard equipment for a PS should not be worn during PS missions. mission is listed in Appendix D.

PROTECTIVE SERVICES DEFENSE FUNDAMENTALS The Army concept of personal security is space above, below, and on all sides of the based on the principle of “defense in depth.” principal. Movement control within these Coordination and flexibility are the cordons is normally established by an watchwords to organizing a defense in identification system. The system may use depth. A series of protective cordons is personal recognition, passes, badges, or even established around the principal. The unobtrusive lapel pins. cordons are designed to prevent an attack or The inner cordon should be manned by the absorb its shock to such an extent that the PSO and protective team members. This results will not be tragic. They control the includes the shift leader on larger PS details.

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These people are those who have been These cordons are fluid in nature and must school-trained and are experienced enough be flexible to adjust to the situation at hand. to occupy the positions of PSO and shift There are no defined areas for these cordons leader. with regard to distance from one to the other. The distance between cordons is established The middle cordon should be manned by on a case-by-case basis. It is based on the USACIDC or MP personnel who have PS threat, location, crowd, personality of the training offered in basic USACIDC and MPI principal, and desires of the chain of courses and by local law enforcement command. The PSO or the DL will adjust the personnel. cordons to fit the situation. The outer cordon should be manned by MP Sometimes, particularly overseas where and local law enforcement personnel. This there is shared responsibility between the cordon comprises surveillance posts, such as US and the host nation governments, observation posts, listening posts, sniper changes to the positions in these cordons are positions, static posts, and response teams. made.

PROTECTIVE SERVICES OPERATIONS The axiom “know the enemy” is basic to Sometimes a principal desires a low-key successful PS operations. PS details must security operation. vary the kind and degree of protection accorded the principal to suit the kind and LOW-INTENSITY degree of danger presented by the threat. CONFLICT OPERATIONS LOW-PROFILE OPERATIONS More and more US military personnel are Sometimes it may be advantageous to being called upon to provide protective ser- modify classic PS procedures to reduce the vices in areas in which circumstances notice paid to the principal and his need for approach combat conditions. Such low- protection. At these times a detail under- intensity conflict (LIC) situations require takes a “low-profile” operation. A low-profile changes in the appearance of PS operations. operation employs only the protective A change may be only the implementing of a measures that do not draw unnecessary dress code. Or it may mean an upgrading of attention to the principal. Such operations weapon systems and the understanding of do not necessarily lessen manpower rules of engagement with ostensibly hostile commitments, nor are they less costly. The personnel. protective coverage becomes more discreet, In areas outside the US, it is imperative involves considerable planning and that coordination be made with the US ingenuity, and generally is more difficult to Embassy as well as the major military conduct than a high-profile operation. Often command responsible for the area. the middle and outer cordons of protection Diplomatic as well as military rules and are strengthened, allowing the inner cordon guidelines differ with the locale. PS to be less obtrusive. personnel planning to travel to an LIC area Low-profile operations do not provide must know the ground rules before entering much visible protection close to the the area. principal. This differs from a high-profile The overriding concern in an LIC area is operation. Keeping a low profile may be, the need to conform to the tactical rules however, the best course of action. governing travel into the area. The “how to” Sometimes the political situation requires it. perform protective services does not change.

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Advance work is still required. Threat will be assigned to him upon his arrival at analysis is done and updated. Itineraries the receiving commander’s area of must be prepared and safeguarded. Routes responsibility. This information can be must be examined and safe havens transmitted from PM to PM, or from PM to identified. Plans for evacuation must be aide-de-camp or executive officer by considered. And special attention must be telephone or by message. given to the potential for injuries and the The second stage of planning requires an ever-present possibility of capture. on-site survey by the advance security team The major concern of PS personnel in an LIC of all areas to be visited by the principal. The area is to carry out the mission in accord with itinerary for the proposed visit should be obtained from the principal’s office or the established policies of the US government. host agency as soon as it is prepared. It should be reviewed to determine if sufficient PREPARATION AND PLANNING information has been furnished to permit advance security arrangements to be made. When notified of an impending mission, a chronological events journal is started. It is A threat collection effort should begin as soon used to record all information about the as practical after receipt of the itinerary. This is mission. And it is used to retain all normally accomplished by coordinating with information produced as a result of the the US Secret Service, FBI, State Department, mission. The journal is considered to be an USACIDC, military intelligence, and other official document. It serves to record actions local, federal and foreign law enforcement or by the PS detail. It helps in preparing the intelligence-gathering agencies. Efforts to after-action report. And it may be acceptable identify possible threats to the principal at all for presentation to a board of inquiry if an locations to be visited will be undertaken by incident occurs adversely affecting the these agencies. Should information considered security of the principal. prejudicial to the safety of the principal be developed, the developing agency will notify the The planning of the mission is done in two mission DL of the PS detail. Frequent contact stages. The results of preliminary with intelligence-gathering agencies should be information received with the notice of the maintained throughout the mission to ensure a mission become the basis for a written current threat analysis. personal security plan. This plan is the documentation that gives authority for the EXECUTION mission. It serves as a basis to fix responsibilities. It allows the measuring of This portion of the mission commences resources against tasks to be performed. And with the implementation of all prior it provides a standardized format for planning. Often the information developed conveying information and instructions. by the advance team is used in preparing the The mission DL is responsible for preparing operations annex to the security plan. the security plan. The plan is given to all Execution is effected using the proper members of the security detail. The original methods and techniques suited to the is retained on file. The plan is for official use mission at hand. The execution phase ends only. It is controlled in the same manner as with the completion of the visit or event, or the principal’s itinerary. upon order of competent authority. Coordination between the protective services chain of command and a member of REVIEW the visiting dignitary’s staff is tantamount A critique is held in the final stage of a PS to a successful PS operation. A visiting operation. The purpose of the critique is to dignitary must be informed that a PS detail discuss the success or failure of the mission.

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It is conducted so that all participants will personnel should be encouraged to have a clear, orderly idea of what was done participate in the discussion to ensure the correctly and incorrectly. To improve PS critique is a learning experience and not an operations, intelligent, tactful, and “admonishment.” constructive criticism is necessary. A Supervisory personnel can take notes to critique is most effective if it is held as soon guide the critique, but detailed planning is as possible after the mission is completed. not practical. However, coverage of essential The critique is so important that it must be elements includes— considered a phase of the PS operation itself. The effectiveness of a critique depends on Restating objectives of the mission. This the flexibility with which the reviewer enables the participants to start on a employs it. In conducting the critique, the common ground. Participants who were reviewer presents criticisms. He comments concerned with a particular aspect of the in a straightforward, impersonal manner. subject may have forgotten the overall Participants should leave the critique with a objectives. favorable attitude toward the PS operation Reviewing procedures and techniques and a desire to improve the next one. employed, briefly summarizing the Examples of personal initiative and methods used to attain the objectives. ingenuity and types of errors and ways to Evaluating PS detail performance. This is correct the errors should be covered. PS the most important part of the critique.

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Using notes taken during the mission, the written by the mission DL as soon as DL points out and discusses the strong possible after the mission. He uses his notes points, then the weaker points, and makes and those of security team members and the suggestions for improvement. All remarks journals and comments of the principal, his must be specific and impersonal. Detail staff, the personal security officer, and the members cannot profit from generalities. residence watch. Personnel other than the Controlling the discussion to keep the protective force who were instrumental in critique to issues at hand and yet ensure the execution of the mission should be fully thorough review. identified. A file with this information is maintained for future reference. Emphasis is Summarizing. The critique is concluded placed on problem areas encountered and on with a brief but comprehensive the procedures necessary to eliminate them. summation of the points brought out. Recommendations are written in detail for The critique culminates in an after-action improving, planning, coordination, per- report. Written in narrative form, this report sonnel, and equipment. A file copy is kept for relates the highlights of the PS mission. It is use in improving future operations.

FM 19-10 183 TERRORISM COUNTERACTION PROTECTIVE SERVICES DETAIL RESPONSIBILITIES Individuals assigned to PS details must be The relationship between the principal constantly aware of the proper techniques and the PS detail has a professional and they must employ to successfully accomplish definitive basis. Principals should be their mission. Fulfillment of a mission encouraged to recognize and respect the requires close teamwork on behalf of the professional distance kept by the detail. detail. This requires a thorough under- Members of PS details— standing of the individual and collective Keep all contacts with the official party responsibilities of the members of the detail. formal. Detail members do not attempt to The safety of a principal in a threat situation develop close relationships with the can only be guaranteed by team members official party, nor do they accept favors who are physically fit and mentally alert from the official party. and who possess sufficient expertise to perform their duty in an overall planned Except in emergencies, make all contacts response to an emergency situation. with the official party through the PSO. Responsibilities must be clearly defined Avoid presuming on protocol or escort and individuals should be assigned a prerogatives. specific responsibility for each phase of the Avoid attracting notice, calling attention mission. Project officers, protocol officers, to themselves, or trying to impress people. and hosts of the activity that the principal will visit should be identified and their Respect the principal’s privacy. Whenever responsibility established in conjunction possible, detail members adapt with the PS mission requirements. themselves and the protection they Coordination between all these persons must provide to the convenience of the be established to ensure complete protection principal. They make every effort to avoid of the principal. When two or more agencies interference with the principal’s personal are protecting distinguished persons, the freedom. agency protecting the senior official has Abstain from any activity which could overall responsibility for security measures. reduce their mental or physical PRINCIPAL capabilities. Alcoholic beverages are not consumed during nor for a minimum of Principals have a responsibility to eight hours prior to the execution phase of contribute to the success of the mission by respecting the purpose of the mission and the mission. the responsibility of the detail assigned to DETAIL LEADER carry it out. The education of the principals to this responsibility is critical to the overall The DL establishes a close working success of PS missions. Many designated relationship with the principal’s staff and principals inherently feel that being combat the project and protocol officer of the host leaders serving in command positions agency. He obtains detailed itineraries, exempts them from a real need for a PS biographical sketches, protocol information, detail. Persons in the chain of command and any other protective type information. responsible for establishing the PS detail The mission DL discusses with host agency must ensure that the principal, his staff, and officials such matters as press policies and his family are fully briefed. The briefing the amount of public exposure desired by the includes the responsibilities of the detail and principal, funding considerations, and any how the close working relationship between other matters of mutual concern. He all persons contributes to the smooth establishes liaison with the staff of the execution of the PS mission. officials involved, transportation agencies,

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and civil and military police. He collects, The nature of PS inherently lends itself to evaluates, and disseminates threat close interpersonal relationships. Often a PS information. He coordinates the utilization member endears himself to his principal of available manpower and equipment through mutual respect and admiration and resources. He reviews the security plan a meshing of personalities. Such a formulated by the advance team. He relationship can tremendously enhance the disseminates copies of the plan to appro- relationship between the principal and the priate agencies. During the execution phase entire PS detail. As long as this relationship of the mission, he supervises and provides remains within professional parameters, the guidance and leadership to participating overall success of the PS mission is virtually subordinates. In the final review, he assured. conducts a post-mission critique. And he supervises the preparation of the after-action PERSONAL SECURITY OFFICER report. The PSO is responsible for the close-in DLs have a responsibility to help detail security of the principal and normally members maintain peak performance. The accompanies him whenever he is away from long hours, day after day, of a PS operation, his residence. To ensure continuity, unity of the requirement for prolonged absences from effort, and control, the PSO is usually the home, and the ever-present need to be only point of contact between the members constantly mentally and physically fit place of the PS detail and the principal and his tremendous stress on PS personnel. PS staff. The PSO and the DL may be the same operations are jeopardized if a detail member person. suffers “burnout” from being overstressed. Upon initial contact with the principal, the Supervisors must understand and help PSO briefs him and his staff concerning the control the stress in which detail members security arrangements. The PSO is prepared operate. Time off can be critical in to discuss any areas of particular concern to controlling stress. the principal. It is essential that the PSO obtain the confidence, respect, and Supervisors must make themselves cooperation of the principal as rapidly as available for guidance on matters of tact and possible. good judgment. Normally, security personnel should not accept gifts even A close working relationship must be though they are presented in gratitude by maintained between the PSO and the the principal. If gifts cannot be refused mission DL. This can be accomplished by without offending the principal, they should communicating on a daily basis whenever be accepted and the DL notified. Under no necessary. While overall control of the circumstances should the feelings of the mission remains the responsibility of the dignitary be offended. Supervisors must mission DL, it is imperative that the PSO be ensure that a brief written statement is afforded adequate authority and sufficient prepared that gives the circumstances of freedom of action to accomplish his acceptance, a description of the gift, and an assignment. estimate of its value. Many times the Effective communications are vital to an principal or a member of his official party efficient PS detail. The PSO must be in will give each member of the protective force constant communication with other a souvenir or memento of his visit. Caution members of the security force and the must be exercised to ensure that these items security control room or command post. (In do not have high intrinsic value nor place a many cases the security control room and financial burden on the giver. the command post are one and the same.)

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Two-way radio equipment should be must be one person designated as the available. This can be accomplished with controlling advance man at each location to hand portable radios. However, these radios be visited. should be equipped with surveillance kits to enable security personnel to use the radios Advance work begins as soon as the quietly when near the principal. Radio noise mission is assigned and the DL receives the should not be heard by or allowed to disrupt basic information. The advance team starts the activities of the principal and party. a workbook for recording all advance team activities. The workbook also contains Hand-held and portable base station checklists to be used. frequency modulation radios provide appropriate communications within the PS In addition to the standard requirements detail. Communications between vehicles is that must be accomplished by the advance maintained by vehicular-mounted radios team, there are other intangible con- supplemented by portable radios. When air siderations that must be evaluated and cover is provided, special provisions to discussed before and during an advance. ensure effective communications between air These include the personality of the and ground units must be made. principal and consideration for his family members. They also include personal SHIFT LEADER information (sometimes more than is On larger PS details, a shift leader is available in a biographical sketch), that is, designated for a given protective team. He physical fitness training programs, religious works for the PSO and is responsible for his preferences, medical problems, hobbies, shift of personnel. The shift leader position language capabilities or lack of them, is useful where there are sufficient PS physical impairments that may affect travel personnel assigned to a mission to warrant or lodging, and any other unusual traits that three eight-hour shifts. A shift leader is could affect the mission. Much of this actually another management position to information can be obtained from the maintain maximum command and control. principal, his aide-de-camp, or his staff. He is analogous to the squad leader in a typical Army platoon. Once the advance team has gathered all available information, they go to the places ADVANCE TEAM to be visited by the principal well ahead of The mission of the advance team is to his scheduled arrival. Sometimes they go as precede the principal and conduct on-site much as weeks in advance depending on the security surveys. The team effects necessary duration of travel by the principal. Upon security coordination, making all security arrival at these locations, the advance team arrangements. When the PSO arrives at contacts identified points of contact, each location to be visited a member of the commanders, protocol officers, and other advance team meets him and provides people designated to assist with the advance information concerning local security work. arrangements. When appropriate, the Duties of the advance team at each advance team provides the PSO with details locality include, but are not limited to, of the visit, including maps, sketches, names establishing effective working relations of people involved, telephone numbers, and with the host agency and conducting so forth. security checks of places and equipment After receiving an assignment for a PS with which the principal will be involved. mission, the DL designates a member to be in charge of the advance work. In most At military reservations and facilities the cases, more than one person is assigned to advance team coordinates with the the advance team. But in all cases there commanding officer, the PM, the public

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affairs officer, the intelligence officer, the One of the most sensitive areas is the engineer, the transportation officer, and the principal’s residence. The residence watch is communications officer to— normally responsible for the security of the Obtain a map or plan of the reservation or residence. It also establishes the command base showing the entrances, exits, or post. It is responsible for organizing and docking area to be used by the official coordinating security arrangements with the responsible individual from each facility party. under its charge. The residence watch also Select quarters for party (if applicable). performs advance actions at hotels, motels, Review jointly the security aspects of the and military reservations and facilities. activities that the principal will view or in which he will participate, such as The primary purpose of the baggage team reviewing troops, witnessing demonstra- is to maintain accountability of all items of tions, and inspecting or examining personal and official property belonging to devices and equipment. the principal and to members of the official Ascertain the availability of communica- party who are traveling with or closely associating with the principal. The primary tions, such as radios, telephones, function is to protect all items from loss or telegraph, and so forth, including secure theft and to prevent the introduction of voice capability. foreign objects or explosives into the Review the accommodations, that is, food, principal’s aircraft, vehicle, or residence. refreshments, recreation facilities. and the like. PROTECTIVE TEAM RESIDENCE WATCH AND The protective team is normally composed BAGGAGE TEAM of the PSO and the other members of the PS When traveling with a principal, the detail in the closest proximity to the residence watch and baggage team are principal. On larger details the protective normally part of the advance team. team would normally form a protective However, a residence watch functions at all formation for routine walking movements times for a permanently located detail. around a principal.

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The protective team should remain close to members and minor children. Proper the principal at all times, changing their planning for manpower and vehicular relative position frequently. Security support is necessary to accomplish this personnel must ensure that an assailant is phase of a mission. unable to get between the principal and the Because a protective team is usually small, protective detail. effective security often depends on the Before any person is allowed to approach voluntary cooperation of the public. Friendly the principal or his personal property, he consideration for the public, especially the should be checked to establish his identity press, and a clear portrayal of the need for and the authority for his presence. This is security stimulates the cooperation of the especially true at the principal’s residence, at public and the press. Inquiries or requests public and sporting events, and near the not related to security matters should be principal’s means of transportation. referred to the appropriate member of the Whenever possible, the protective team official party. Security personnel should should obtain advance lists of expected refrain from unnecessary conversation with guests, visitors, press representatives, and the public and, most of all, with the press. people performing services for the principal. OTHER SUPPORT The protective team and residence watch should quickly learn to recognize all There are many other individuals and employees, regular visitors, members of the agencies who may be called upon to support official party, and any public figures who are a PS operation. A typical PS operation expected to call. No stranger should be includes support from local civilian law admitted without the permission of the enforcement personnel, law enforcement principal or a member of his staff. personnel from other branches of the armed services, EOD units, military intelligence Although the security of other members of offices, civilian intelligence-gathering the official party is secondary to that of the agencies, fire department personnel, medical principal, some degree of safety should be personnel, pilots, aircraft crews, ground provided these persons. If a member of the support personnel, translators and official party is injured, the entire mission interpreters, and drivers. This support is could be adversely affected. In some routinely requested by the organization situations, it is an additional responsibility responsible for the PS operation. Most of the protective detail to provide limited military and civilian law enforcement and protection for other members of the official intelligence agencies have supported PS party when traveling with the principal. operations in some capacity and are very When members of the principal’s family responsive to requested support. The best accompany him on trips, it is not uncommon way to assure acquiring this support is for members of the protective team to through good continuing liaison with all provide security and escort for female agencies concerned. PROTECTION ON FOOT In a majority of instances, the safety of a PS detail members should be dispersed so principal is most critical when he is among they can cover all avenues of access to the the public and walking through crowds, into principal. They should continually adjust buildings, and to public events in which he their relative positions to ensure that no will participate. attacker is able to get between the protectors and the principal. During outdoor walks, the If possible, the selection of walking time principal’s motorcade should cruise in the and routes should be varied. Accompanying immediate vicinity. The automobile can

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block any vehicle that may threaten the At indoor assemblies, typical defense principal’s safety. It can also be used to cordons should be formed immediately transport the principal in case an emergency around the principal. They are also formed develops, or it appears necessary to seek a around the confines of the room occupied by safer location. the principal and around the grounds where Escorting a principal requires being the building is located. The personnel highly alert to surrounding areas. Particular manning the defensive cordons should take emphasis is placed on people in crowds who control of the area before the arrival of are either participating in the event or are guests or the general public. A careful search drawn to the area out of curiosity. Close-in and an inspection of the area should be made security should be established immediately at the time protection is established. The around the principal. Additional concentric area is then secured until opened to the cordons of defense are added to the greatest public. possible extent. PROTECTION ON-SITE No two sites are exactly alike. Therefore, it consider the need for personnel, materiel, is virtually impossible to establish a set of and vehicle control. They must also consider rules that will be completely applicable to all the use of protective alarms and devices. The sites. There are, however, specific guidelines plans must designate priorities of protection that must be applied to ensure that based on analysis of criticality and minimum acceptable standards are applied vulnerability after considering available in each situation. PS personnel should refer threat information. Plans must include to FM 19-30 when formulating a security consideration of assistance available from plan. The intricacy of the plan depends on military units in the area, as well as civilian site configuration and the mission. sources. All plans must be coordinated with civil authorities because civil authorities Security plans must prescribe specific have primary responsibility for the responsibilities for all actions required to protection of all private, public, and federal protect the principal and the site. They must property.

PROTECTION DURING TRAVEL Protective services during travel are of transportation with security measures, designed for the method of transportation such as— used. The DL or his designee contacts the appropriate transportation authority to Varying daily routes. obtain pertinent information needed for Being alert to any changes in the locality. planning. Developing defensive driving skills. Maximum personal protection during Being constantly vigilant. travel is the product of a comprehensive Employing other measures, weapons, and program. That program integrates the mode equipment.

FM 19-10 189 CHAPTER 20 Bomb Threats

The MP response to a bomb threat is to CONTENTS minimize injuries, damage to property, and Page disruption of operations. MP respond to a TELEPHONE BOMB THREATS ...... 190 bomb threat by securing the building, MAIL BOMBS ...... 192 controlling traffic and pedestrian movement, SUSPICIOUS ITEMS ...... 193 and obtaining initial information. PERSONNEL TO NOTIFY ...... 193 EMERGENCY OPERATIONS Each unit or activity on an installation will CENTER ...... 193 have a bomb threat search and evacuation Communication ...... 194 plan. The plan describes the actions to take Evacuation ...... 194 when a bomb threat is received. When Searches ...... 195 explosives detector dog teams are available, Supervisor’s Search ...... 195 they will be included in these plans (see Search Team Search ...... 195 Chapter 11). AFTER-ACTION PROCEDURES ...... 197 The initial moments of a bomb threat are Bomb threats are usually received by crucial to the evaluation of an incident. To telephone or mail. Or they may be discovered assure the successful resolution of a threat, by noticing a suspicious item. Each method bomb threat contingency plans provide prior requires special procedures to effectively planning and training in procedures to take obtain the maximum amount of information on receipt of a bomb threat. from the threat source. TELEPHONE BOMB THREATS When a telephone bomb threat is received, background noises. The receiver of the call someone has actual knowledge that a device concentrates on the exact words of the caller. has been planted or a prankster wishes to The receiver must try to keep the caller on the disrupt an operation. Noting what is said and phone as long as possible to allow time to how it is said during a bomb threat call can recognize background noises and gain help determine which of these reasons is true. additional information. The person receiving the call may be the only The receiver asks the caller for specific person to ever have contact with the potential information as shown on FBI Form 6-136 bomber. This is why bomb threat con- (Bomb Threat Checklist). See DA Pam 190-52. tingency plans must address the need for If the caller describes what it looks like, how it training persons most likely to receive a operates, and its general characteristics, this bomb threat call. When a bomb threat is is known as a descriptive bomb threat. A received, the receiver must know what to do descriptive bomb threat is probably real. The and how to do it, or valuable information will receiver documents the exact wording of the be lost. Proper training provides the person threat. For example, if the caller says, with the skills to pick out important facts. “Specialist Jones, there is a bomb planted on your floor. You and your six coworkers have Signaling another employee to listen in on 20 minutes to clear out,” the receiver must the call is worked out in advance where note all of that information. If the person working arrangements allow observation. receiving the call only indicates that a bomb The second person concentrates on the threat was received, an important investi- characteristics of the caller and any gative tool and important information is lost.

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Recording the exact date and time of the form is in most local installation telephone phone call is important. By determining the directories. time of the bomb threat, identification of the bomb site by background sounds may be The person receiving the bomb threat call possible. immediately reports to the designated supervisor or security person with the As part of the bomb threat plan, a bomb completed bomb threat checklist. This action threat checklist is developed to be placed near will facilitate proper emergency notifications telephones. FBI Form 6-136 is a good example and help lessen the possibility of panic. The and can be placed beneath a telephone for receiver does NOT spread the word about the easy access. If this form is not available, then bomb threat before notifying the supervisor a copy of the form should be used to develop a who then notifies the MP. locally produced form. A bomb threat report MAIL BOMBS A small number of explosive devices have been mailed over the years resulting in death, injury, and destruction of property. Contingency planning is required to help prevent mail bomb disasters. Contingency planners first consider which organizations are possible targets. A bomb can be enclosed in either a parcel or an envelope, its outward appearance limited only by the imagination of the sender. However, past mail bombs have exhibited some unique characteristics which can assist in identifying a suspect mailing. To apply these factors, it is important for planners to know the type of mail normally received by an organization. Motives for mail bombs often are revenge, extortion, terrorism, or business disputes. The information contained in the postal pamphlet Bombs By Mail should be available to all mail handlers. A copy of this pamphlet should be in each unit mail room. A mail handler or recipient of mail who is suspicious of a letter or parcel and cannot verify the contents with the addressee or sender, must not open the article or put it in water or a confined space like a desk drawer or a filing cabinet. Mail handlers and recipients must isolate the suspected mail and evacuate the immediate area. If possible, windows are opened in the immediate area to help vent potential explosive gases. The MP or postal inspector is immediately contacted to report the suspected mail bomb.

192 FM 19-10 TERRORISM COUNTERACTION SUSPICIOUS ITEMS Employees must be alert to determine if a device. Personnel know that if a suspected suspicious item belongs in the area. An bomb device is discovered they DO NOT employee should know if a certain briefcase touch the device. Instead, they make sure that belongs, if a flower arrangement is new, if a the device does not belong. They ensure that recently delivered package is expected, or if a no one touches it. And they report the package in the corner is someone’s lunch. discovery to a supervisor, security officer, or One way to do this is to keep clutter to a MP. Supervisors know that if a suspected minimum. bomb device is found, they consider When a bomb threat occurs, all personnel immediate, total evacuation of the building, must quickly scan their immediate areas and and they await arrival of MP and explosive identify anything out of the ordinary. This ordnance disposal personnel before may be the only way to discover a bomb attempting to reenter the building.

PERSONNEL TO NOTIFY The MP desk sergeant is the first person to Fire department personnel normally respond notify when a bomb threat has been received. to the scene and stand by. Fire is a common The desk sergeant then notifies personnel as occurrence in connection with an explosive shown in the local station SOP. In some detonation. Early notification of the fire locations it might be the responsibility of the department personnel can assist in personnel in the building receiving the bomb minimizing property damage and injury threat to make the notifications. Prior should a device detonate. Then EOD planning must be done to determine who is personnel are notified. Under normal responsible for notification. situations, EOD personnel do not respond to As a rule, the MP are notified first. MP will a bomb threat unless a suspicious item is respond as the initial investigating agency located. But they may be able to tell if other for a bomb threat. MP will cordon off the threats of a similiar type have been received target area, provide traffic control, and and if a bomb was subsequently discovered. obtain facts for the initial investigation. MP They may also give guidance if a device is do not conduct a bomb search, because they located. (AR 75-15 identifies EOD are not familiar with the search area. Then responsibilities.) Then medical personnel are other personnel are notified as dictated by notified. The potential for injury with any local SOP like higher commanders, public bomb threat is high. Time can be saved by affairs personnel, or staff duty personnel. having trained medical personnel stand by Then fire department personnel are notified. with an ambulance in case of injuries.

EMERGENCY OPERATIONS CENTER It is necessary during any bomb situation charge of the bomb site operation. Both the to have a bomb threat EOC located at the bomb scene officer and the alternate must bomb site. Having an EOC as a control point have special training in bomb threats and for search teams, communications, access emergency situations. The bomb scene officer lists, and release of information will prevent or the alternate represent the commander confusion as to who is in charge. and will respond to all bomb threats. The post commander may designate a The only person who may authorize bomb scene officer and an alternate to be in release of information from the scene is the

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161-016 O-94–13 TERRORISM COUNTERACTION

bomb scene officer. And the only person who EVACUATION can release the information to the public is Evacuation is not necessary for all bomb the public affairs officer. Keeping tight threats. Evacuation is determined by the control on information can prevent a wave bomb scene officer only after a thorough of bomb threats. For example, in a recent evaluation of all available information. The bombing incident in a major US city, after results of the bomb threat checklist, the initial release of the information, 400 information from support agencies, and the bomb threats occurred in a one-hour time criticality of the mission of the targeted period. facility are considered. The bomb scene During a bomb threat, the commander or officer also considers that just disrupting his designated bomb scene officer— operations serves the purpose of the bomber. If the bomber describes in detail the type of Decides if the facility will react to the device, its location, and/or the placing of the threat or conduct business as usual. device, then the bomb scene officer may have Determines if a supervisor’s search will be more reason to believe that the device has, conducted without evacuation. indeed, been planted. Decides if the building will be evacuated and searched. Serves as the primary person responsible for the search team. Executes control of operations within the EOC. After the search, if no bomb is discovered, determines if and when normal opera- tions will resume. If a bomb is discovered, immediately clears the area and notifies EOD.

COMMUNICATION Reliable communication from the bomb scene is essential. The bomb scene officer will continually keep the command post up- dated and informed of ongoing actions. However, radio transmissions, except for those of extremely low power, should not be used within 100 meters of the affected area. If possible, all elements of the bomb scene operation should use the telephone to If a device is actually discovered, either as maintain contact with the EOC. a result of a bomb threat or during routine operations, evacuation procedures should be Types of communications which may be carried out expeditiously. All persons will used to maintain contact with the teams evacuate to a predetermined assembly area. within a building or facility are— But this area must be at least 100 meters Runners. from the structure. This distance takes into Whistles. account items like propane bottles, natural gas lines, or welding equipment that could Field phones, TA 312. contribute to the explosive force of a bomb Hand signals (if one point is visible by all). within a facility. All personnel at the

194 FM 19-10 TERRORISM COUNTERACTION assembly area must be accounted for to activity should search the building where a determine if anyone is still in the building. bomb threat has been received. Preferably, And a contact point can be determined in these persons should be volunteers. It must case an item cannot be verified as belonging be stressed that the searchers must know or in that area. be able to determine if an item actually Depending upon the mission of the belongs in the area; thus they should be facility, it may be necessary to evacuate a persons assigned to that activity. For this building in sections. Some areas where reason MP and EOD personnel should not partial evacuation may be necessary are— search the area. It is imperative that persons forming Hospitals. search teams be well trained. Training Special weapons areas. accomplishes more than just preparing the Classified storage areas. members of a search team; it increases their Partial evacuation involves risks. There confidence and morale. MP must make every are no guarantees as to what damage will effort to help provide local training. And occur if a device should detonate. Therefore, search team members must be willing to total evacuation is desirable when possible. practice periodically to maintain proficiency. SEARCHES There are two types of search: a super- visor’s search and a search team search. Both types of search move from the outside in, from the lowest level to the highest, and from public access areas to more restricted access areas. Supervisor’s Search A supervisor’s search can be conducted by a few of the activity’s personnel using a quick-paced method to look for suspicious items. It can be useful only if all areas are orderly. If the area to be searched is cluttered, then a supervisor’s search will not be effective. In determining if a supervisor’s search will be used, it should be remembered that supervisory searches can be up to 60 percent effective. They also have the advantage of limiting the disruptions of the operation, because the search can be done without evacuation of personnel. Search Team Search A search team search requires that the building be evacuated until after the search has been accomplished. The search for an explosive device is one of the most important actions involved in the bomb threat procedures. Two-man teams composed of persons assigned to and familiar with the

FM 19-10 195 TERRORISM COUNTERACTION

The search team looks everywhere and at device may be planted against a facility. everything. Unless a specific area is Depending upon the nature of the device, an indicated in the threat, the search team enormous amount of damage can be caused begins with the exterior and moves to the by a device planted outside a facility. Both interior. Then they move into public access the exterior and interior of the bomb site areas like lobbies, restrooms, waiting areas, area must be searched. and snack machine areas. And finally, they check limited public access areas, like After the exterior search is completed, the basements, roofs, and storage rooms. search inside the facility is begun. Interior searches are conducted from the lowest level The external area must be searched first. of the facility to the highest and from The search must cover all feasible areas common access areas to more restricted where a device may be planted. It must be access areas. done systematically. Special consideration must be given to— First, all public access areas are searched. Window ledges. Then offices with public access are searched. And finally, offices, storage areas, and areas Bushes. with restricted public access are searched. Garbage cans. Rooms that have been searched should be Flower arrangements. marked with crepe paper or colored tape to Air conditioner units. ensure efficiency and to speed up the process. Automobiles. (Extreme caution must be The searchers enter a room, stop, remain used when search involves automobiles.) still, and listen for any unusual sounds. (In Any item usually not found in the area or the evacuation phase, all machines are to be any item noted as being out of place should unplugged.) Searchers will make a quick be viewed with suspicion. visual scan of the room for obvious, unusual Most often a bomb device is thought to be items. They divide the room in half and then hidden somewhere inside a facility. But a into four levels. Their first search includes

196 FM 19-10 TERRORISM COUNTERACTION items such as desks, chairs, and garbage search includes items such as picture cans that lie within the area from the waist frames, shelves, cupboards, windows, and to the floor. Their second search includes vents that lie within the area from the top of items such as filing cabinets, table tops, and the head to the ceiling. Their fourth search lower shelves that lie within the area from includes checking all vents, pipes, and the waist to the top of the head. Their third ceiling supports beyond the ceiling. AFTER-ACTION PROCEDURES After a device has been rendered safe or it After-action reports are completed and has detonated, the area is sealed off by the must contain specific information such as— MP until criminal investigator and EOD personnel thoroughly investigate the area. If Nature of incident. a device detonates, the most minute frag- Action taken. ments are retrieved in order to determine the composition of the device. All persons not Outcome. directly involved with the investigation are Additional information. restricted from the scene.

FM 19-10 197 CHAPTER 21 Special Reaction Team

Commanders must provide an CONTENTS installation SRT capable of providing an Page enhanced response to developed threats in EMERGENCY OPERATIONS CENTER . . . . 199 their area of responsibility within two hours EQUIPMENT ...... 201 of initial notification (see AR 190-52). The PM normally is responsible for organizing, training, equipping, and maintaining the Securing the safe release of hostages. SRT. The SRT is a specially trained team of Isolating/containing the incident. military or security personnel armed and Gathering information/intelligence. This equipped to isolate, contain, gather is an ongoing responsibility from the information for, and, if necessary, neutralize beginning of an incident until its a special threat. Specific missions and resolution. response capabilities are determined by the Protecting property/equipment. threat and availability of equipment and training time. Preventing escape. Apprehending offenders. When major disruptions or special threats occur (to include acts of terrorism), resources Conducting an assault (only if all other must be committed in a graduated response alternatives have been exhausted, no to resolve the situation and restore law and other assistance is expected, and a threat order. SRTs are one of the commander’s to human life exists). principal response forces in the event of a These mission priorities apply in all major disruption or special threat, and as special threat situations. They must be such, are an integral part of an installation’s stressed, planned for, and given the security. necessary command emphasis to ensure Some situations requiring SRT employ- success. However, during a special threat ment may include, but are not limited to— situation involving a nuclear weapon, recovery of the weapon is the overriding Barricaded criminals. consideration (AR 50-5). Barricaded criminals with hostages. To successfully meet mission require- Sniper incidents. ments, it may be necessary for the SRT or Counterterrorist operations. SRT member to replace or augment the VIP protection (as a response force). initial responding MP on the inner perimeter Threatened suicide incidents. around the affected site. Barricaded, mentally disturbed persons. PMs must ensure commanders understand the limitations of SRTs. Training scenarios During hostilities, SRTs may be required used to test and evaluate SRTs must be to perform similar missions in a combat consistent with team purpose and missions. environment. Post crisis management teams, controllers, SRT priorities during an incident are— evaluators, and observers must be aware of Protecting lives, to include hostages, law team limitations and those circumstances enforcement personnel, bystanders, and under which more qualified forces will suspects. assume responsibility for an incident.

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US Army involvement in terrorism taken to ensure that the installation and its counteraction is limited by HN responsi- personnel are prepared to meet any potential bilities, Department of Justice and Depart- threat. ment of State authority, legal and political The knowledge and understanding of the restrictions, and appropriate regulations. US existing threat is a viable tool essential to Army support to civilian law enforcement evaluating the installation’s vulnerability. A agencies during civil disturbance operations survey outlining both the strong and weak is limited by DOD Civil Disturbance Plan points in an installation’s ability to defend (Garden Plot), 18 USC 1385 (Posse Comitatus against a threat will assist commanders in Act), and applicable laws and regulations. training, equipping, and planning for the Each installation has unique needs as desired response levels for their SRTs. determined by a current threat analysis and Available resources, materials, and the installation’s vulnerabilities. A detailed personnel are factors that influence threat analysis is essential to support the planning and establishing a workable SRT process of identifying the desired level of and initial response team. Resource SRT response capability. On one end of the availability will impact on the immediate spectrum the threat analysis may reveal the SRT response capabilities. The long-range existence of only a low-level external threat action is to plan for the unexpected, counter requiring a general SRT manpower/equipment the threat, harden the installation’s possible response capability. At the upper end of the targets, and deal with special threats. spectrum the threat analysis could indicate a While the SRT will usually be the sophisticated threat posed by groups having installation’s response to special threats, unique abilities and seeking specifically consideration must be given to the identified targets. This would require an requirement for an expanded response. Since SRT of highly trained personnel possessing it is impossible to predict the magnitude and specialized training and equipment. peculiarities of incidents, installations However, the need for SRT response identify, train, and equip personnel from capabilities cannot be based entirely on the outside existing MP assets to augment the external threat, but must be approached initial response force. SRT actions in within the framework of the definition of response to threats are determined by the special threats found in AR 190-52. Action is EOC.

EMERGENCY OPERATIONS CENTER

Command and control actions pertaining the incident and provides it to the EOC. to SRTs are planned, coordinated, and Strategic planning decisions are developed directed by the EOC which is activated at the EOC. immediately when a special threat occurs. The TMF includes the initial response The TMF, the tactical element of the EOC, is force, inner and outer perimeter security drawn from installation resources that elements, SRT, negotiation team, and respond to major disruptions on the investigative team: installation. The TMF commander, normally the installation PM or his The initial response force, normally representative, is the on-site commander and on-duty law enforcement personnel, has operational control for all response isolates, contains, and evaluates the forces. The TMF commander gathers and incident, and provides the initial report to disseminates information/intelligence about the PM.

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Inner and outer perimeter security screened before assuming their duties. This elements secure the incident site, control screening can be done through command access to the area, and provide security to channels without any adverse effects to the remainder of the installation. individuals or their military careers. The SRT provides an enhanced response A suggested SRT consists of not less than capable of controlling the situation. nine people. This team composition best During initial employment, the SRT conforms to and allows for the suggested begins preliminary tactical planning to rank requirements contained in most MP resolve the situation. (Rescue and assault unit TOEs and TDAs. missions are performed only under special circumstances.) Ideally, consideration is given to training one or two nine-man teams per installation. The hostage negotiation team sets up The goal is to have one SRT available at all direct communication with the times. Additionally, as situations dictate, it perpetrators. Negotiations are conducted may become necessary to alert or employ to further develop the situation for key more than one team and combine or decision makers. augment— teams to meet threats beyond the The investigative team investigates the capabilities of one nine-man team. incident while it is ongoing and concludes the investigation after the incident is resolved. When selecting SRT personnel, the most qualified volunteers are those persons who— Have at least one year of military service as MP. Are in the pay grade of E4 or above. Are highly disciplined and morally sound. Are mature and able to handle pressure. Have passed the Army Physical Fitness Test. Have a minimum qualification of sharpshooter with assigned weapon. Possess individual special skills (that is, demolitions, emergency medical treatment, and the like). Have prior combat and/or small unit operations experience. Have prior law enforcement experience. Exhibit an ability to work with others. Possess good eyesight. Can be retained (one year recommended). Have had no derogatory data revealed It is critical to SRT functions that all team during the background investigation. members be cross-trained in at least one alternative position within the team. The Additionally, all volunteers considered for team leader must be familiar with all selection to SRTs are psychologically aspects of each member’s duties.

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EQUIPMENT Selection of equipment used by SRTs is Specific missions and response capabilities important to the total effectiveness of the are partially determined by selection, team in accomplishing assigned missions. availability, and assignment of equipment.

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It is suggested that an SRT SOP, including identified and submitted for evaluation and an equipment list, be included as an annex to approval to the US Army Military Police installation security plans. This action will School, Directorate of Combat Develop- assist in procuring and programming funds ments, ATTN: ATZN-MP-CM, Fort for SRT equipment not organic to the McClellan, AL 36205-5030, using DA Form installation. 2028 in accordance with AR 310-34. Equipment authorized by CTAs, TOEs, Individual equipment such as load bearing and TDAs is used to the maximum extent to equipment, heavy body armor, survival equip SRTs. Additional government supply vests, and the like, is determined by the sources include Self-Service Supply Center, commander using common sense, careful Training and Audiovisual Support Center analysis of the opposing threat, and specific (TASC), US General Services Admini- mission assignment. The basic suggested stration (GSA) Supply Catalog, GSA SRT uniform is composed of— Federal Supply Schedule, The Army Authorization Documents System (TAADS), Work gloves with liners. and source selection advisory council Battledress uniform (BDU). (SSAC). Cap, woodland pattern (BDU). Local procurement or one-time purchases Brown T-shirt. may initially be necessary to obtain some Black combat boots. specialized equipment until appropriate Lightweight body armor. authorization documents are revised. Equipment not listed in an authorization Eye protection. document at present, but required, is Hearing protection.

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FM 19-10 205 TERRORISM COUNTERACTION

206 FM 19-10 APPENDIX A MP STATION DESIGN

The public must have access to MP in front of the desk, the desk must be sharply station activities to conduct legitimate inclined outward from floor level to the desk business. These areas must be easily top to make it more difficult for anyone to accessible and clearly marked. However, climb over the desk. The front of the desk is controls must be established to prevent reinforced to provide protection from small visitors and unauthorized personnel from arms fire and shrapnel. wandering through the station. Such controls Proper location of the MP station desk can must not interfere with personnel conducting afford desk personnel a clear and business with the various PM sections. unobstructed view of the detention cell area, Visitors can be controlled by electronically eliminating the need for a guard to prevent operated doors to gain access to the persons in detention from self-inflicting information desk. wounds or injuries. Space for detention cells The desk must be located so desk personnel must be in accordance with AR 190-38 have an unobstructed view of the station structure criteria. Waivers of design entrance and the area around the desk. The requirements require complete justification. area directly behind the MP desk is closed to Job order requests for structure upgrade of the general public. existing detention cells must be approved by The desk is constructed so that desk local engineers and submitted as an personnel, when seated, are on eye level with enclosure to the waiver request. a person standing in front of the desk, The The back side of the desk can be designed as height of the desk may vary, but it must be a storage area for forms and desk supplies. high enough to prevent anyone from The work area behind the desk must be large reaching desk personnel with the intent of enough to permit use of a typewriter and harming them. If a restraining bar is not used telephones.

MP STATION REQUIREMENTS

Mission requirements determine the need Briefing/debriefing patrols and reserves. for specific station features. To support the Detention facilities. basic MP mission, space is required for— Public waiting room. The PM or officer in charge and the duty Latrine facilities. officer. Parking for employees, visitors, MP Station desk. vehicles. Processing offenders. Impounded vehicles. Radio communications. NCIC terminal room/infrared discrimina- Office space. tion systems monitor. Conference and interrogation/interview Storage area for riot control and other rooms. equipment. Storage of arms, evidence, and property. Shower facilities.

FM 19-10 207 Specific station features should include— Break areas may contain vending machines. Outside lighting 360 degrees around the A communications room with intrusion station and a 50-foot “stand off” area free detection alarms for the post exchange, of private vehicle parking. finance office, bank, and so forth for rapid Controlled or monitored access to the response. station on all doors. Special entrances Furniture (in public areas) inconspicu- provided for MP. ously secured to the floor to prevent its use Interior and exterior doors with plexiglass in a scuffle. windows for maximum observation, with the exception of the door leading from the Access to detention facilities free of items public waiting area to the detention area that can cause prisoner injury. which must not permit observation. This Offices that require frequent coordination, door is electrically operated. such as operations and administration, Maintenance. free internal surfaces. located close to one another. A minimum of exterior windows. Where Efficient design can enhance the security of the station, reduce personnel requirements, required, either plexiglass or triple glass and ensure effective use of station facilities. substituted for plate glass. The general planning guidance in each Emergency lighting and power. example design is based on programming Separate latrine facilities provided for factors such as staff composition, public and station personnel. organizational structure, and physical A field safe for storing property and development requirements consistent with a evidence during nonduty hours when a hypothetical set of functional and custodian is not readily available. operational objectives. Space organization Interview rooms with one-way mirrors principles are based on established organizational and functional needs and on where possible for identification purposes. requirements for the design and construction Private work area for duty officer. This of MP facilities. For more information on area can also serve as an interview room. designing MP facilities, see the Design Guide: A break area, out of public sight, for MP. Military Police Facilities.

208 FM 19-10 FM 19-10 209

161-016O–94-14 210 FM 19-10 APPENDIX B Military Police Firearms Qualification

Military police personnel must be trained to conduct training. DA Pamphlet 350-38 in the use of the weapon that they carry in the authorizes ammunition for MP personnel to performance of their duties. The weapon may qualify yearly with their assigned weapon. be the M16, the M1911A1 (.45-caliber pistol), Yearly qualification includes protective the .38-caliber revolver with 4-inch or a 2-inch mask firing. (See DA Pamphlet 350-38 for the barrel, or the M9 9-mm parabellum protective mask firing requirements.) semiautomatic pistol. FM 23-9 provides The MPFQC is designed to provide realistic marksmanship instruction on the M16. and effective police marksmanship training. USACIDC Regulation 195-19 provides The MP engages single targets at various instruction on the .38-caliber 2-inch barrel ranges using the standard service weapon. weapon. The Military Police Firearms The six tables of the MPFQC require the firer Qualification Course (MPFQC) described in to fire from 7, 15, 25, and 35 meters. The firer this appendix provides marksmanship uses both the strong and weak hands in the instruction for the .45-caliber pistol, the .38- standing and kneeling positions, and the caliber revolver with 4-inch barrel, and the 9- strong hand in the prone and crouch mm parabellum semiautomatic pistol. positions. The MPFQC standards are— Commanders at all levels are responsible for ensuring that personnel entrusted with Expert, 48 to 50 hits. weapons are trained to use the weapons as intended and in a safe manner. AR 190-14 Sharpshooter, 45 to 47 hits. and AR 190-28 establish the requirements for Marksman, 35 to 44 hits. granting authorization to carry firearms and Unqualified, 34 or fewer hits.

FM 19-10 211 A locally reproduced record of qualification (Combat Pistol Qualification Course should be used and must be forwarded with Scorecard) should not be used for the MPFQC departing personnel as proof of weapons because this course does not provide combat qualification at the gaining unit. DA Form 88 pistol qualification.

212 FM 19-10 FM 19-10 213 214 FM 19-10 APPENDIX C Presenting Statistical Data

Statistical data can be depicted in a may be used to depict the information. Or a frequency distribution table. This data can circle graph or pie chart may be used. A pin be prepared in a logical order, condensed and map chart is another way to graphically simplified, and essential details can be present the data. retained. Three steps are required in construction of a frequency distribution table. Step 1. The collection of raw data. The graphic illustrates raw data on the number of offenses per month for different age classes from 17 to 38. Data arranged in this manner make it difficult to determine which age class has the highest total number of offenses for the year. Step 2. This step involves totaling the items in each class and arranging them in order of magnitude. Such an arrangement (whether ascending or descending) is called an array. This graphic shows an array with yearly total offenses for each age listed in descending order. The range of total offenses is from 220 to 10 with a concentration of offenses in the younger age classes and comparatively few offenses in the older age classes. Step 3. Finally, in preparing a frequency distribution table, classes are combined into class intervals or groups. In this graphic two-year class intervals have been used making it easier to see a large concentration. (The largest concentration is 423 or the 19-20 age interval.) Other data suitable for frequency distribution tables include— Accident frequencies. Accident fatalities or injuries. Offenses by categories; that is, assaults, robberies, and so forth. Data taken from a frequency distribution table can then be depicted in a chart or graph. A vertical or horizontal bar chart

FM 19-10 215 CURVE CHART The curve or line chart is probably the possible to compare two or more series on the most widely used form of graphic same chart. The curve or line chart may be presentation. It is very simple to construct used to show trends in various enforcement and is most effective when the emphasis is activities, such as total AWOLs, vehicle on movement, rather than amount. The registrations, offenses, apprehensions, and curve chart is normally used for data so forth. covering a long period of time. It is also

VERTICAL BAR CHART Another chart frequently used to depict hours of the day, or for all three. The chart is enforcement data is the vertical bar or simple to construct and readily understood. column chart. This chart is also used to The vertical bar chart is preferable to the depict numerical values of a given item over curve chart when a sharper delineation of a period of time. It may be used for months of trend is to be shown. the year, as shown, for days of the week, for

216 FM 19-10 HORIZONTAL BAR CHART The horizontal bar chart is the simplest break down offenses by units, traffic form of graph. Its primary use is to compare violations by specific violation over a given different items as of a specified date. In MP period and for a specified date. and similar work, the horizontal bar chart is used to categories.

CIRCLE GRAPH OR PIE (SECTOR) CHART The circle graph or pie (sector) chart where many segments are involved the chart compares various components with each will appear confusing. The small sections of other and with the whole. This chart serves the chart will be difficult to label in such a to direct attention to extreme areas. The case. A bar chart is recommended when primary disadvantage of the pie chart is that dealing with numerous components.

FM 19-10 217 PIN MAP The pin map is another way of graphically stuck into the map at the location where the presenting data pertaining to frequency, incidents or accidents occurred. Different type, and location of accidents or incidents. types of accidents or incidents (that is, This chart is also considered to be an injury, fatality) may be depicted by different essential element of selective enforcement colored or marked pins. The pin map may be planning, A map of an area is mounted on a used as a yearly record and, if photographed, board capable of holding pins. Locations of may be compared with succeeding years. accidents or incidents are indicated by pins

218 FM 19-10 APPENDIX D EXTRACT OF A LOCAL PROTECTIVE SERVICES DETAIL EQUIPMENT LIST

FM 19-10 219 220 GLOSSARY

ACRONYMS AND ABBREVIATIONS admin administration DL detail leader ADP automatic data processing DOC Directorate of Contracting AF Air Force DOD Department of Defense AFAP Army Family Advocacy Program DOJ Department of Justice AG Adjutant General DPM deputy provost marshal APO Army and Air Force Post DRM Directorate of Resource Office Management AR Army regulation DWI driving while intoxicated ASAP alcohol safety action program EDD explosives detector dog auth authorization EECI essential elements of AWOL absent without leave criminal intelligence BCC battlefield circulation EOC emergency operations center control EOD explosives ordnance disposal BDU battledress uniform EPW enemy prisoner of war BEQ bachelor enlisted quarters FACMT Family Advocacy Case Manage- BER budget execution review ment Team BIP budget increment package FAR Federal Acquisition Regulation BMG budget and manpower guidance FBI Federal Bureau of Investigation BOQ bachelor officers’ quarters FCF field confinement facility CA commercial activities FDF field detention facility cal caliber FM field manual CDR commander FY fiscal year cm centimeter gal gallon CMT crisis management team govt government COB command operating budget GSA General Services Administration COMMZ communications zone CONUS continental United States HGNT horizontal gaze nystagmus COR contract officer’s representa- test tive HN host nation CRS Correctional Reporting System HQ headquarters CS chlorobenzalmalononitrile hr hour CTA common table of allowances IAW in accordance with DA Department of the Army ID identification DCSPER Deputy Chief of Staff for ICF installation confinement facility Personnel IDS infrared discrimination system DD Department of Defense (forms) intel intelligence DEH Directorate of Engineering and INSCOM United States Army Intelligence Housing and Security Command

221 ISA interservice support agreement OCIR other criminal intelligence ITAC Intelligence and Threat Analysis requirement Center OCONUS outside continental United States km kilometer OIC officer in charge KO contracting officer OMA Operations and Maintenance, LIC low-intensity conflict Army LIN line item number OPA Other Procurement, Army m meter OPSEC operations security MAC Military Airlift Command ORS Offense Reporting System MACOM major Army command PA public address MAD major activity director PAO Public Affairs Officer MCA Major Construction, Army PCS permanent change of station MCM Manual for Courts-Martial PDIP program development increment MDEP management decision package package MEVA mission essential vulnerable PERSCOM Personnel Command areas PI protected identities MFR memorandum for record PM provost marshal MI military intelligence POC point of contact min minute POM program objective memorandum mm millimeter POV privately owned vehicle MOS military occupational specialty PPBES planning, programming, budgeting, MP military police and execution system MPDO military police duty officer PR&C purchase request and commitment MPFQC Military Police Firearms PRAC program resource advisory Qualification Course committee MPI military police investigator PS protective services MPIS military police investigative PSO personal security officer supervisor QSTAG Quadripartite Standardization MPMIS Military Police Management Agreement Information Systems MPR military police report ref reference MSR main supply route rept report MTOE modification table of organiza- RMO Resource Management Office tion and equipment ROI report of investigation MWD military working dog ROTC Reserve Officers’ Training Corps sec second NA not applicable sergeant NAC SGT National Agency Check SIR serious incident report NATO North Atlantic Treaty Organization SJA Staff Judge Advocate NCIC National Crime Information Center SOFA status of forces agreement NCO noncommissioned officer SOP standing operating procedure NCOIC noncommissioned officer in charge SOW statement of work no number special reaction team national stock number SRT NSN SSAC source selection advisory OALE Office of Army Law Enforcement council

222 FM 19-10 SSN social security number UCMJ Uniform Code of Military Justice STANAG Standardization Agreement UFR unfinanced requirement TA table of allowance USACA United States Army Correctional TAACOM theater army area command Activity TAADS The Army Authorization Docu- USACIDC United States Army Criminal ments System Investigation Command TASC training and audiovisual USACIL United States Army Criminal support center Investigation Laboratory TC training circular USACRC United States Army Crime TCP traffic control post Records Center TDA table of distribution and USADIP United States Army Deserter allowances Information Point TDY temporary duty USAREUR United States Army, Europe TM technical manual USC United States Code TMF threat management force USDB United States Disciplinary TOA total obligational authority Barracks TOE table of organization and equipment USSS United States Secret Service TRADOC United States Army Training VIP very important person and Doctrine Command VRS Vehicle Registration System

DEFINITIONS Amnesty box. A container into which personnel may place any item, without penalty, before customs processing. Antihijack security. All measures taken to reduce the risk of hijacking aircraft, with particular attention to the exclusion of weapons from the passenger compartment of an aircraft. (See Air Force Regulation 60-14.) Closed evidence voucher. An evidence voucher concerning evidence from which final disposition has been made by the custodian. Controlled substance. A drug or other substance, or immediate precursor thereof, listed in 21 USC 812. General categories included in this section are narcotics, derivatives of the cannabis sativa plant, amphetamines, barbiturates, and hallucinogens. Crime control. The detection and investigation of crimes and offenses and the apprehension and protection of offenders. Crime repression. The reduction of crimes and offenses through such measures as patrolling, physical security and crime prevention surveys and inspections, observation of persons and places considered crime-producing, and employment of off-limits procedures to preclude military personnel from participating in activities conducive to crime. Criminal complaint. An alleged criminal offense reported to or observed by military or civilian police personnel or USACIDC personnel, whether subsequently determined to be founded or unfounded. Crisis management team (CMT). A team found at a major command or installation level concerned with plans, procedures, techniques, policies, and controls for dealing with terrorism, special threats, or other major disruptions occurring on government installations or facilities. The team considers the local, national, and international implications of major disruptions and establishes contact with the Army Operations Center as the situation escalates, requiring higher level involvement and guidance. Normally

FM 19-10 223 at installation level, the CMT is established at or in proximity to the designated emergency operations center. Customs exclusion area. Clearly defined area into which cleared customs personnel enter before they depart. Evidence ledger. The bound ledger or record book kept by the evidence custodian to provide double accountability control through cross-reference with the evidence vouchers. Evidence voucher. The original DA Form 4137 which, upon presentation to the evidence custodian, becomes an evidence voucher. Evidence subvoucher. A carbon or reproduced copy of the original evidence voucher used to effect the temporary release of evidence for any reason. Founded offense. A criminal offense that has been proven to have been committed. The determination that a founded offense exists is made by the appropriate police agency and is not dependent upon judicial process. High-risk personnel. US personnel who, by their grade, assignment, symbolic value, or relative isolation, are more likely to be attractive or accessible terrorist targets. Identified offender. An individual identified by police action as the subject or perpetrator of a criminal offense. Nonintoxicating malt beverage. Any alcoholic malt beverage having an alcholic content of less than 3.2 percent by weight. Open evidence voucher. An evidence voucher concerning evidence for which the evidence custodian has accountability. Referral. A process in which the parties in conflict are led to consider some specific form of professional counseling service. Strategic information. Information that has no immediate applicability but may be used in some future investigation or program. Strategic information gathering is a long-range continuous process. Tactical information. Information that has immediate applicability to the employment of units in combat. Total obligational authority (TOA). The total financial requirements of the five-year defense program or any component thereof required to support the approved program of a given fiscal year. Unfounded offense. A criminal complaint in which a determination is made that a criminal offense was not committed or did not occur. The determination is based on police action, not on court-martial or civilian court verdict.

224 FM 19-10 REFERENCES

Related publications are sources of additional information. They are not required in order to under- stand this publication. ARMY REGULATIONS 1-1 Planning, Programming, and Budgeting Within the Department of the Army 1-4 Employment of Department of the Army Resources in Support of the United States Secret Service 5-3 Installation Management and Organization 5-9 Intraservice Support Installation Area Coordination 5-20 Commercial Activities Program 10-23 US Army Criminal Investigation Command 25-400-2 The Modern Army Recordkeeping System (MARKS) 27-10 Military Justice 27-40 Litigation 27-50 Status of Forces Policies, Procedures, and Information 37-103 Finance and Accounting for Installations: Disbursing Operations 40-12 Medical and Agricultural Foreign and Domestic Quarantine Regulations for Vessels, Aircraft, and Other Transports of the Armed Forces 50-5 Nuclear and Chemical Weapons and Materiel—Nuclear Surety 55-71 Transportation of Personal Property and Related Services 55-355 Defense Traffic Management Regulation 75-15 Responsibilities and Procedures for Explosive Ordnance Disposal 190-5 Motor Vehicle Traffic Supervision 190-9 Military Absentee and Deserter Apprehension Program 190-10 Security of Government Officials 190-11 Physical Security of Arms, Ammunition and Explosives 190-12 Military Police Working Dogs 190-13 The Army Physical Security Program 190-14 Carrying of Firearms 190-22 Searches, Seizures and Disposition of Property 190-24 Armed Forces Disciplinary Control Boards and Off-Installation Military Enforcement 190-27 Army Participation in National Crime Information Center (NCIC) 190-28 Use of Force by Personnel Engaged in Law Enforcement and Security Duties 190-30 Military Police Investigations 190-31 Department of the Army Crime Prevention Program 190-38 Detention Cell Standards 190-40 Serious Incident Report 190-45 Law Enforcement Reporting 190-47 The US Army Correctional System 190-51 Security of Army Property at Unit and Installation Level 190-52 Countering Terrorism and Other Major Disruptions on Military Installations

FM 19-10 225

161-016 O-94-15 190-56 The Army Civilian Police and Security Guard Program 195-2 Criminal Investigation Activities 195-4 Use of Contingency Limitation .0015 Funds for Criminal Investigative Activities 195-5 Evidence Procedures 195-6 Department of the Army Activities 210-10 Administration 215-1 Administration of Army Morale, Welfare, and Recreation Activities and Nonappropriated Fund Instrumentalities 215-2 The Management and Operation of Army Morale, Welfare, and Recreation Activities and Nonappropriated Fund Instrumentalities 310-31 Management System for Tables of Organization and Equipment (The TOE System) 310-34 The Department of the Army Equipment Authorization and Usage Program 340-17 Release of Information and Records from Army Files 340-21 The Army Privacy Program 360-5 Army Public Affairs, Public Information 360-61 Community Relations 380-5 Department of the Army Information Security Program 380-13 Acquisition and Storage of Information Concerning Nonaffiliated Persons and Organizations 380-380 Automation Security 420-74 Natural Resources: Land, Forest, and Wildlife Management 500-50 Civil Disturbances 530-2 Communications Security 600-3 The Army Specialty Proponent System 600-8-1 Army Casualty and Memorial Affairs and Line of Duty Investigations 600-9 The Army Weight Control Program 600-40 Apprehension, Restraint, and Release to Civil Authorities 600-290 Passports and Visas 608-1 Army Community Service Program 608-4 Control and Registration of War Trophies and War Trophy Firearms 630-5 Leaves and Passes 630-10 Absence Without Leave and 640-3 Identification Cards, Tags and Badges 700-84 Issue and Sale of Personal Clothing 710-2 Supply Policy Below the Wholesale Level

COMMON TABLES OF ALLOWANCES 8-100 Army Medical Department Expendable/Durable Items 50-900 Clothing and Individual Equipment 50-909 Field and Garrison Furnishings and Equipment 50-970 Expendable/Durable Items (Except: Medical, Class V, Repair Parts and Heraldic Items)

226 FM 19-10 DEPARTMENT OF THE ARMY FORMS 88 Combat Pistol Qualification Course Scorecard 581 Request for Issue and Turn-In of Ammunition 1594 Daily Staff Journal or Duty Officer’s Log 2028 Recommended Changes to Publications and Blank Forms 2496 Disposition Form 2804 Crime Records Data Reference 2806-1-R Physical Security Inspection Report 2806-R Physical Security Survey Report 2818 Firearms Authorization 2823 Sworn Statement 3626 Vehicle Registration/Driver Record 3837 and Military Police Investigator Credentials 3837-1 3881 Rights Warning Procedure/Waiver Certificate 3945 Military Police Radio Log 3953 Purchase Request and Commitment 3975 Military Police Report 3997 Military Police Desk Blotter 3998 Military Police Desk Reference 4137 Evidence/Property Custody Document 4261 and Physical Security Inspector Identification Card 4261-1 4712-R Volunteer Agreement 4833 Commander’s Report of Disciplinary or Administrative Action 5070-R Justification Statement for .0015 Contingency Funds DEPARTMENT OF THE ARMY PAMPHLETS 5-3 Management Improvement Techniques for First Line Supervisors 5-9 Planning, Programming, Budgeting, Execution System 190-31 Crime Prevention Handbook 190-52 Personnel Security Precautions Against Acts of Terrorism 350-38 Standards in Weapons Training 420-7 Natural Resources—Land, Forest and Wildlife Management 600-8 Management and Administrative Procedures 608-28 Handbook on Volunteers in Army Community Service DEPARTMENT OF DEFENSE FORMS 460 Provisional Pass 497 Confinement Order 553(Test) Deserter/Absentee Wanted by the Armed Forces 629 Receipt of Prisoner or Detained Person 1131 Cash Collection Voucher 1348-1 DOD Single Line Item Release/Receipt Document 1408 Armed Forces Traffic Ticket

FM 19-10 227 1805 United States District Court Violation Notice 1920 Alcoholic Influence Report DEPARTMENT OF DEFENSE MANUAL 4160.21-M Defense Utilization and Disposal Manual DEPARTMENT OF DEFENSE REGULATIONS 5030.49-R Customs Inspection 5200.1-R DOD Information Security Program FIELD MANUALS 19-1 Military Police Support for the AirLand Battle 19-4 Military Police Team, Squad, Platoon Combat Operations 19-15 Civil Disturbances 19-20 Law Enforcement Investigations 19-25 Military Police Traffic Operations 19-30 Physical Security 19-35 Military Police Working Dogs 19-60 Confinement and Correctional Treatment of US Military Prisoners 21-20 Physical Fitness Training 21-75 Combat Skills of the Soldier 23-9 M16A1 Rifle and Rifle Marksmanship 23-35 Pistols and Revolvers 90-14 Rear Battle 100-20 Low Intensity Conflict NATO STANDARDIZATION AGREEMENTS/QUADRIPARTITE STANDARDIZATION AGREEMENTS* 1001 Standardized System of Designating Days and Hours in Relation to an Operation or Exercise 2025/591 Basic Military Road Traffic Regulations 2085 NATO Combined Military Police 2154/539 Regulations for Military Motor Vehicle Movement by Road 2155/561 Road Movement Bid and Credit 2159/540 Identification of Movement Control and Traffic Control Personnel and Agencies 2253/174 Roads and Road Structures TRAINING CIRCULARS 19-16 Countering Terrorism on US Army Installations 23-14 Sniper Training and Employment 90-6-1 Military Mountaineering

* NATO STANAGs/QSTAGs are available, upon request, from Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, PA 19210.

228 FM 19-10 TECHNICAL MANUAL

55-1680-348-10 Survival Kit, Cold Climate, Individual USACIDC (CID) PUBLICATIONS** Form 36 Field Test Results Form 97 Criminal Intelligence Report Pamphlet 195-7 Personal Security Assessment Briefings: Action Officers Guide Regulation 195-19 Carrying, Using, Safeguarding, and Qualifying with Weapons MISCELLANEOUS PUBLICATIONS Air Force Regulation 60-14, Preventing and Resisting Aircraft Piracy (Hijacking) Bombs By Mail, Document Control Division, Room 2810, US Postal Service Headquarters, Washington, DC 20260-1561 Commerce Business Daily, Superintendent of Documents, US Government Printing Office, Washington, DC 20402-9373 Correctional Reporting System Users Manual, Commander, US Army Military Police Operations Agency, ATTN: PEMP-A, 5611 Columbia Pike, Falls Church, VA 22041-5014 Design Guide: Military Police Facilities, Office of the Chief of Engineers, Military Programs Directorate, Engineering Division, Washington, DC 20314 FBI Form 6-136, Bomb Threat Checklist Guide for Writing and Administering Performance Statements of Work,Associate Administrator, Major Systems Acquisition and Procurement Strategies, Office of Federal Procurement Policy, 726 Jackson Place, NW, Washington, DC 20503 Manual for Courts-Martial, United States 1984 (Revised Edition) Manual on Uniform Traffic Control Devices, Superintendent of Documents, US Government Printing Office, Washington, DC 20402-9373 Miscellaneous Publication 8-1, Joint Travel Regulations: Volume 1: Members of the Uniformed Services Offense Reporting System Functional Users Manual, Commander, US Army Military Police Operations Agency, ATTN: PEMP-A, 5611 Columbia Pike, Falls Church, VA 22041-5014 Uniform Code of Military Justice United States Code Vehicle Registration System Functional Users Manual, Commander, US Army Military Police Operations Agency, ATTN: PEMP-A, 5611 Columbia Pike, Falls Church, VA 22041-5014 Work Schedule Design Handbook: Methods for Assigning Employees’ Work Shifts and Days Off, US Department of Housing and Urban Development, HUD User, P.O. Box 280, Germantown, MD 20874

** Determine availability of USACIDC publications by contacting Headquarters, US Army Criminal Investigation Command, ATTN: CIPP-PD, 5611 Columbia Pike, Falls Church, VA 22041.

FM 19-10 229 230 FM 19-10 FM 19-10 231 232 FM 19-10 FM 19-10 233 234 FM 19-10 FM 19-10 235 FM 19-10 30 SEPTEMBER 1987

By Order of the Secretary of the Army:

CARL E. VUONO General, United States Army Chief of Staff Official:

R. L. DILWORTH Brigadier General, United States Army The Adjutant General

DISTRIBUTION: Active Army, USAR, and ARNG: To be distributed in accordance with DA Form 12-11A, Require- ments for Military Police Operations (qty rqr block no. 1048). U.S. GOVERNMENT PRINTING OFFICE: 1994 O—161-016

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