APPREHENSION

Apprehension is the military equivalent of the civilian term arrest. Any officer, warrant officer, noncommissioned officer, or other person designated by proper authority to perform guard, police, or criminal investigation duties may apprehend a violator.

Custody means restraint of free movement. When an individual is taken into custody, the individual's movements are controlled by the person or persons who made the apprehension.

Physical restraint is the loss of free movement that results from being taken into custody. It may involve force or maybe accomplished by obedience to orders. Even if force is not used, a Master-at-Arms must be able to apply force if needed to effect an apprehension; that is, the MA must be able to restrain forcibly an offender who resists apprehension. The use of force depends on whether or not the offender submits to the apprehension.

The procedure for apprehending depends upon its necessity, the manner in which an offender is approached, an evaluation of the facts and circumstances, and the manner in which custody is imposed. Although no formal procedure can apply in all cases, the following information emphasizes what a Master-at-Arms should consider.

WHEN TO APPREHEND

Apprehension is made only for probable cause. If facts and circumstances indicate that a person has committed an offense, then an apprehension may be justified. All offenses, however, do not require apprehension. A minor offense or traffic violation may require only an on-the-spot correction, an incident report, or a traffic citation. When to apprehend depends on the facts and circumstances of the offense and your judgment and experience. No two offenders are identical. Officers should not be apprehended except on the orders of another officer or because of the seriousness of the offense.

Two-person Approach

Masters-at-Arms usually work in pairs to assist each other when the occasion requires. In an apprehension involving force, the advantage of two persons is clear.

When approaching an offender, the senior MA takes a position to the right front of the offender. This approach provides a defense against a direct frontal attack and allows for restraining action. The second MA takes a position to the left rear of the offender, ready to assist if necessary. The senior MA does all questioning and checking of identification. If the offender is against a wall, the MAs form a V to the left and right front of the offender. This approach allows them to protect themselves and overcome any resistance.

Politeness pays off in a smooth apprehension, a minimum use of force, better public relations, and increased respect for law enforcement. A smooth, courteous, and efficient approach and a firm but friendly conversational tone usually calm all but the most violent offenders.

Evaluation

In deciding whether to apprehend a suspect, the Master-at-Arms must make an evaluation of the person. The MA must evaluate the suspect's attitude, possible injuries the suspect might have received, and any indication of a probable cause to apprehend.

A suspect is either cooperative or uncooperative. An uncooperative attitude is a good indication that an apprehension is necessary and force may be required.

A cooperative attitude, in itself, does not always indicate innocence. Experienced offenders sometimes appear to be model sailors.

Always check a suspect for any injuries that require medical attention. That is particularly important when the suspect has been in a fight or is intoxicated. A seemingly minor injury could be serious, and the few minutes required for medical attention may clear you of negligence.

Considering all the circumstances, the senior MA will decide whether probable cause exists to make an apprehension. Since an apprehension is not a trial, a reasonable belief that the person has committed an offense is sufficient grounds to support an apprehension. Proof beyond a reasonable doubt is NOT required at this point. If the apprehension has been ordered by higher authority, no further decision is necessary. Once decided upon, an apprehension should be made quickly, without hesitation or argument. The objective is to remove the suspect from the scene with minimum delay.

Taking Into Custody

An apprehension is effected when the suspect is told that he or she is being taken into custody. A simple statement such as "You're under apprehension" or "I'm taking you into custody" is sufficient. The suspect should not have any doubts about his or her status.

Immediately upon apprehension, search the suspect for weapons. You may simply frisk the suspect or, if warranted, thoroughly search both the suspect and the area under the suspect's immediate control. As the apprehending officer, you may search for weapons to ensure your own safety or search for tools that might enable the suspect to escape. You need not search every area in a room in which a suspect is apprehended; instead, search only that area of the room under the suspect's immediate control. Thus, the scope of the search depends on the circumstances involved in the apprehension.

If circumstances allow, warn a suspect of his or her right against self-incrimination in accordance with Article 31, UCMJ. Although formal interrogations are rarely made at the scene of an apprehension, any confession or admission obtained from the suspect at the scene is inadmissible in court unless the suspect is first warned of his or her rights under Article 31, UCMJ.

CITIZEN'S RIGHT TO ARREST

LEARNING OBJECTIVES: Explain the citizen's right to arrest. Describe personal liability when making a citizen's arrest, and identify the two defenses that are available if an MA is brought to trial.

All members of the Navy have the ordinary right of civilians to assist in maintaining peace. Generally, this right means members of the Navy (including MAs) have the authority to apprehend any person who commits a felony or who in their presence commits a misdemeanor amounting to a breach of the peace.

PERMISSION TO APPREHEND

Since the law of apprehension varies considerably in different localities, an MA ordinarily apprehends under this right only with the permission of the commanding officer. Apprehension that involves the removal of a person from an area of military jurisdiction and an order not to reenter also requires the permission of the commanding officer. This type of apprehension normally occurs when a person not subject to military law is found in an area of military jurisdiction in the act of committing a violation not amounting to a felony or a breach of the peace.

PERSONAL LIABILITY DEFENSES

When actions for damages or criminal proceedings occur, the acts of Masters-at-Arms in aiding civil authorities to suppress domestic violence are subject to review by military and civil courts. An MA brought to trial for acts done while assisting civil authorities under circumstances authorized by constitutional or statutory provisions has two defenses for personal liability: military necessity and superior orders.

Military Necessity

The defense of military necessity is generally available to the officer in charge of the operation and to the Master-at-Arms. If the officer (or MA) can show that the action appeared to be necessary at the time because of the emergency, he or she is freed from guilt. If hindsight shows that better methods were available,

the officer (or MA) may still be absolved of legal responsibility.

Superior Orders

The defense of superior orders is ordinarily available to all military personnel who act under the order of a military superior. Under circumstances calling for prompt action, the Master-at-Arms cooperates with civil authority but is subject only to the authority of military superiors. The defense of superior orders is available unless an order is so obviously illegal that any person of ordinary understanding would instantly perceive it to be so. If the commands are illegal but not obviously so, the Master-at-Arms is not held liable if he or she obeys.