PART D -
ASSURE COMPLIANCE WITH LAWS AND PROCEDURES FOR APPREHENSION, SEARCH,
AND SEIZURE
The following topics will be covered in this lesson:
o
Laws regarding jurisdiction.
o
Laws regarding apprehension.
o
Laws regarding searches.
o
Laws regarding seizures.
Laws Regarding Jurisdiction
Military Jurisdiction. Military jurisdiction is the extent of, and limitations on,
the right of every armed force to exercise authority and control.
Authority and
jurisdiction were covered in Part A.
They are presented here as a review and to
embellish some of the points.
Military jurisdiction is exercised through the application of--
o
Military law.
o
Law of war.
o
Military government.
o
Martial law.
o
Military orders and regulations.
The military has exclusive jurisdiction to try persons subject to the UCMJ for
offenses purely military in nature such as unauthorized absence.
Offenses
occurring off post, like driving under the influence, may be handled in the
civilian courts.
In the United States, the military has the right to exercise
jurisdiction over military members in cases involving a civilian offense if the
military can prove "service-connection." Service members will not ordinarily be
prosecuted under civil jurisdiction and again under military jurisdiction for the
same offense.
Under international law, friendly foreign powers have primary
jurisdiction over nonmilitary offenses committed by a visiting force.
This power
may be surrendered to military authorities. This is done through status of forces
agreements or treaties. When doubt exists on who has jurisdiction over an offense,
consult the SJA for guidance.
Civil Jurisdiction.
Under the Constitution, the states retain the right of
regulating the conduct of persons within their boundaries. This right is effected
by penal laws declaring certain acts to be unlawful.
These laws are further
defined and enforced by the state, country, and local governments and their
regulatory agencies. These laws include--
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