b. By properly applying the material in this lesson, you can greatly
reduce the hazards involved in making an apprehension.
2.
Definitions.
a. Apprehension - This is the act of placing a person in custody, thereby
temporarily denying him freedom.
The term "custody" means having physical
control over the person.
b. Arrest - This act is the restraint of a person by an order.
It is
imposed as punishment for an offense.
This act directs a person to remain
within certain specified limits. This is not restraint by force but by legal
and moral obligation to obey orders.
c. Confinement - This is the physical restraint of a person.
It occurs
when one is placed under guard, usually in a confinement facility.
d. Search - In this lesson this term deals with the physical search of a
subject. It is conducted to find evidence of guilt as well as to ensure your
safety.
e. There is a clear distinction between the authority to apprehend and the
authority to arrest or confine.
3. Considerations in Making an Apprehension. The way an apprehension will be
made depends upon the circumstances in which you find yourself. In some cases
you can control these conditions; in others, you must take advantage of your
opportunities. The maxim that should guide you is safety to yourself and to
innocent persons.
a. An apprehension is done by clearly notifying the subject that he is
thereby taken into custody. The order of apprehension may be either oral or
written.
There must first be reasonable belief that an offense has been
committed by the person to be apprehended.
At that point the following are
authorized to apprehend those subject to the UCMJ: (1) commissioned officers;
(2) warrant officers; (3) NCOs; (4) MP in the execution of their guard or
police duties; and (5) other persons who are designated, by proper authority,
to perform guard or police duties.
However, NCOs and enlisted persons
performing police duties have the authority to apprehend a commissioned or
warrant officer sometimes. This occurs only when there are specific orders of
a commissioned officer. The only exceptions to this rule are when such arrest
is necessary to prevent disgrace to the service, the commission of a serious
offense, or the escape of one who has committed a serious offense.
b. Manpower. Consideration must be given to sufficient manpower to cope
with any known or unforeseen circumstances. Whenever possible, more than one
investigator should make the apprehension.
c. Weapons.
You
should
have
firearm
superiority
to
effect
the
apprehension.
MP0100
5-2
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