PROVOST MARSHAL OPERATIONS - halosix.nethalosix.net/.../FM/legal/us_army_cc_mp2003_provost_marshal_operations.pdf · "This blotter (or extract) is a daily chronological record of

SUBCOURSE EDITION MP2003 B

PROVOST MARSHAL OPERATIONS

PROVOST MARSHALL OPERATIONS

Subcourse Number MP2003

EDITION B

United States Military Police School Fort Leonard, MO 65473

5 Credit Hours

Edition Date: October 1992

SUBCOURSE OVERVIEW We designated this subcourse to teach you basic military police station operation procedures. Contained within this subcourse is instruction on how to review MP forms to make them comply with Army regulations, information, and procedures to oversee the MP desk and station operations and finally, the fundamentals of selective law enforcement, patrol planning and administration responsibilities. There are no prerequisites for this subcourse. This subcourse reflects the doctrine which was current at the time it was prepared. In your own work situation, always refer to the latest official publications. Unless otherwise stated, the masculine gender of singular pronouns is used to refer to both men and women. TERMINAL LEARNING OBJECTIVES Action: You will identify procedures for: proper execution of MP forms, how to oversee an

MP desk and MP station operations, and you will understand administrative responsibilities.

Condition: You will have copies of completed forms used during MP desk operations. Extracts

from Manual for Courts-Martial and an extract from AR 190-45. i MP2003

TABLE OF CONTENTS Section Page Subcourse Overview .......................................................................................................................... i

Administrative Instructions................................................................................................................ iv

Grading and Certification Instructions............................................................................................... iv

Lesson 1: Military Police Desk Operations Forms .......................................................................... 1-1

Perform a Technical Review of Military Police Forms ............................................................................................................ 1-2

Practice Exercise ................................................................................................................... 1-20

Answer Key and Feedback ................................................................................................... 1-22

Lesson 2: Military Police Report Forms .......................................................................................... 2-1

The DA Form 3975, Military Police Report (MPR) and Supporting Forms................................................................................................................... 2-2


Answer Key and Feedback ................................................................................................... 2-26

Lesson 3: Sworn Statement............................................................................................................... 3-1

Part A: Definitions and Conditions of Interviews/Interrogations ...................................................................................................... 3-2

Part B: Prepare and Review a Sworn Statement.................................................................... 3-9

Part C: Prepare and Review a Rights Warning Procedures Certificate .............................................................................................................................. 3-18


Answer Key and Feedback .................................................................................................... 3-28

Lesson 4: Serious Incident Report (SIR), Law Enforcement Report, and Commanders' Report of Disciplinary or Administrative Action ............................................... 4-1

Part A: Serious Incident Report ............................................................................................ 4-2

Part B: DA Form 4833, Commander's Report of Disciplinary or Administrative Action............................................................................................................ 4-9

Part C: DA Form 2819, Law Enforcement and Discipline Report ....................................... 4-11

Practice Exercise ................................................................................................................... 4-22 MP2003 ii

Page Answer Key and Feedback ................................................................................................... 4-24 Lesson 5: Military Police Station Operations .................................................................................. 5-1 Part A: Monitor the Inspection, Briefing, and Debriefing of Duty Personnel ................................................................................................................. 5-2 Part B: Coordinate Patrol Activities ..................................................................................... 5-5 Part C: Determine Proof, Responsibility, and Jurisdiction ................................................... 5-15 Part D: Monitor the Processing of Offenders ....................................................................... 5-18 Practice Exercise.................................................................................................................... 5-24 Answer Key and Feedback .................................................................................................... 5-26 Appendix A: Definition of Acronyms ............................................................................................. A-1 Appendix B: Definitions of Terms .................................................................................................. B-1 Appendix C: Index of Forms ............................................................................................................ C-1 Appendix D: Publication Extract ...................................................................................................... D-1 AR 190-45 Military Police Law Enforcement Reporting September 1988 MCM Manual for Court Martial 1984 Use the above publication extract to take this subcourse. At the time we wrote this subcourse, this was the current publication. In your own work situation, always refer to the latest publication. iii MP2003

LESSON 1

MILITARY POLICE DESK OPERATIONS FORMS

Critical Tasks: 01-3758.00-8001

OVERVIEW LESSON DESCRIPTION: In this lesson you will learn how to identify and to perform a technical review of MP desk operations forms. TERMINAL LEARNING OBJECTIVE: ACTION: Perform a technical review of military police (MP) forms used by MP desk personnel. CONDITIONS: You have copies of completed forms used during MP desk operations. STANDARDS: Demonstrate your comprehension of the task knowledge by correctly answering 70

percent of the test questions. REFERENCES: The material contained in this lesson was derived from the following publications:

AR 190-9, AR 190-45, FM 19-10.

INTRODUCTION Military police forms are a vital part of police law enforcement and crime prevention programs. They are used to identify problem areas, lawbreakers, and to predict crimes. New programs can be established. Personnel can be trained to meet the challenges. Information on these forms reveals the effectiveness of current crime prevention and law enforcement programs. You can help in these goals. Ensure that the forms you review are accurate, clear, and concise. The purpose of military forms is to:

o Standardize reporting procedures and data. o Coordinate activities of various sections within the MP station. o Aid in planning and directing operations.

As PM operations officer, you are responsible for all MP forms and reports. Some need further investigation; others do not. You will initiate forms and records. You will be able to train and direct subordinates in their use. To review MP forms you must learn how to complete them. This subcourse covers completing and reviewing MP forms. It highlights problem areas and gives examples for clarification. 1-1 MP2003

PERFORM A TECHNICAL REVIEW OF MP FORMS Personnel at all levels are responsible for military police forms. Commanders must ensure that crime records and reports are prepared and maintained. This information collected on forms is used to develop and evaluate law enforcement programs. These forms should be neat and accurate. All spaces are filled in unless otherwise indicated. Narratives are clear and concise. Stress the importance of observing:

o The rules of grammar. o Good sentence structure. o Correct punctuation.

Dates. Indicate all dates by a six-digit number unless otherwise directed.

December 31, 1986 is written: 861231. Names. The last name always appear in all caps. The first name is upper and lower case. The middle name is indicated in full unless otherwise directed. A detailed discussion of the many forms used by the MP desk sergeants, patrols, and the operations officer follows. The forms are presented in Lesson 1 in the pattern of usual daily MP activities. This lesson will present correct procedures in filling out the forms, the purpose of the forms, and will help you identify errors in reviewing completed MP forms. 1. DA Form 1594, Daily Staff Journal or Duty Officer's Log. a. Purpose of Form. The duty officer of desk sergeant initiates this log on a daily basis. He records events that do not require police action. This includes changes in personnel and guard mounts, equipment accountability, and observations during a tour of duty. b. Instructions. (1) Figure 1-1 is a sample of a completed first page of DA Form 1594. In the upper right corner are blocks for page number and number of pages. Each page must be marked with its respective number and the total number of pages for that day's activities. (2) The heading is to be completed with the organization or installation; for example, Office of the Provost Marshal or 61st MP Detachment, Cambrai Fritsch Kaserne. The location is the building of MP2003 1-2

operations. The period of time covers the 24-hour period. This will be the same on each page of the log for that day. (3) The body of DA Form 1594 is prepared as follows: o First Entry. Item #1 at 0001 hours always opens the journal. It reads "Journal

Opened." In the column titled "Action Taken," the duty officer inserts "Information." He then initials the entry in the last column.

o Subsequent Entries. Events are listed in the order they occur. Each entry follows the

same format as the first. (4) The second page of DA Form 1594 (Figure 1-2) and all the following pages will contain the same information in the headings as on page 1, except the page number. (5) The last numbered item at 2400 always closes the journal. It reads "Journal Closed." The action taken will be for information only. (6) The journal is approved and signed by the officer on duty. His name will be at the bottom of the final page containing the last entry. (7) The Daily Staff Journal remains at the MP station. It is filed in chronological order and is used for reference. (8) As PM operations officer, you will be required to review and approve DA Form 1594. Make sure to check that item numbers follows in order, that the information logged in does not require further police action or investigation, and correct action is taken in all entries. 2. DA Form 3945 - Military Police Radio Log. a. Purpose. (1) This log is a chronological record of MP radio transmissions during a specified 24-hour period. All radio calls are to be logged in on the DA Form 3945. This form is helpful to the desk sergeant in keeping track of where patrol units are, what missions units are tasked to do, the time taken between locations, and the types of incidents reported. This form is not required when radio traffic is recorded automatically. (2) A brief review of the number of entries, the time the radio calls are recorded, the locations of incidents, and any patterns that form from radio traffic will given an indication of MP activity during a 24-hour period. 1-3 MP2003

Figure 1-1. DA Form 1594 (Page One).

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Figure 1-2. DA Form 1594 (Page Two).

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b. Instructions. (1) Figure 1-3 is a sample of an MP Radio Log. The heading includes the date, the page number, number of pages in that 24-hour period, unit location, and call sign or word. (2) The body of the DA Form 3945 begins with "Radio Log Opened" at 0001 hours. All radio traffic between the MP station and the patrols is listed in chronological order. Each message should be clear enough to permit another person to understand it. Each radio operator will close his portion of the log with his military signature. At 2400 hours, the radio log is closed. The operator on that shift signs his military signature. (3) DA Form 3945 is usually kept in the provost marshal office (PMO) files. Originals are filed chronologically in the desk sergeant's files. (4) When reviewing this form, make sure the entries are easy to read, and signed by the responsible operator. 3. DA Form 3997 - Military Police Desk Blotter. The MP Desk Blotter is a daily chronological record of all police activity developed from reports, complaints, information, and incidents. It is one of the most important documents you are going to review. It must be correctly filled out, and be as accurate as possible. Some entries may not be completely accurate because complaints and information may be under investigation at the time the blotter entry is made. Actions resulting from MP activity and inquiries into an incident are also noted on the blotter. Entries in this blotter are not adjudication attesting to the guilt or innocence of persons listed. Information about the administration of the MP station is not recorded on the blotter. When you review a desk blotter, make sure such information is not entered. The proper form for administrative entries is DA Form 1594, the Daily Staff Journal. Figures 1-4 and 1-5 are samples of a completed desk blotter. a. Instructions. (1) The headings of the desk blotter must show the unit or station designation, date, page number, and total number of pages for that day. The unit designation in Figure 1-4 is Office of the Provost Marshal, Fort Blank, AL 36205-5030. The date will be entered in either DOD format (yymmdd) or day, month, year, according to local SOP. MP2003 1-6

Figure 1-3. DA Form 3945.

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At the beginning of every blotter (or blotter extract) will be the following disclaimer statement:

"This blotter (or extract) is a daily chronological record of police activity developed from reports, complaints, incidents, or information received and the actions resulting therefrom. Entries contained on the blotter may not be completely accurate and are not adjudications attesting to the guilt or innocence of any person." (2) The first entry will always be at 0001 hours and indicate "Blotter Opened" and the Summary of Action Taken will be "Information." The final entry on the blotter will read "Blotter Closed" at 2400 hours. (3) The first column to the left shows the entry number. The numbers are in a chronological order when typed into the blotter. The second column is the time the entry was typed in by the desk clerk. This is not when the incident occurred. There may be a time lapse from the time the incidence was reported to the MP desk and the time the incident was typed in the blotter. You can see in Figure 1-4 that the time for entry number 2 was 0140. In the Summary of Complaint column, the time listed is 0025 hours. The difference in time in this example is one hour and fifteen minutes between when the incident occurred and the time the entry was typed in the blotter. (4) The Summary of Complaint column is the main body of the blotter. Each entry begins with the type of complaint or offense and the Uniform Code of Military Justice (UCMJ) code. This information will be the same as the MP report form, DA Form 3975. This will be discussed later in the subcourse. After the offense and code is typed in, the information on the subjects involved in the incident is specified. The subject is listed first with the details as to name, rank/grade, sex, race, age, Social Security Number (SSN), and unit or address. The victims, witnesses, and complainants are then listed with the same format as the subject. (5) Details included in the blotter will vary with each incident. As you can see in Figure 1-4, entry number 2 is a traffic accident. In this case, vehicles and damage estimates are listed. The location of the accident is shown along with the name of the MP who was dispatched to investigate. (6) Under the heading DETAILS, is a short, concise narrative of what happened. This is a chronological sequence of events. It includes the why, what, and how of the incident. When you are reviewing the blotter, be sure the details match the incident and complaint. Most of the time, you will see all the MP2003 1-8

Figure 1-4. DA Form 3997 (Page 1).

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Figure 1-5. DA Form 3997 (Page 2).

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facts of each MP report on the desk blotter. However, sometimes information or identities are not typed in the blotter. This will be restricted information and also for the protection of identities. When the release of information could be harmful to national security, for example, the Summary of Complaint column will indicate "Restricted Entry." The Summary of Action Taken column will reference the MP report number and other forms completed, or action taken. Included in Figure 1-5 is an example of a restricted entry. Notice that an MP report was completed and the case was turned over to Criminal Investigation Division (CID). No other information is included. (7) Figure 1-5 includes an example of an entry to protect the identity of an individual. In entry number 4 the victim has not been identified. Victims of sex crimes (such as rape or child molestation) are protected, as well as the identity of juveniles, and their sponsors, who are involved in any incident requiring MP notification. (8) The difference between projected identity and restricted entry is that protected entries are for juveniles or sex-related crimes; restricted entries are for events the installation commander deems necessary to restrict. This may include incidents about drug information, loss of sensitive material, or matters of national security. (9) The Summary of Action Taken column is to show what forms are used in response to the complaint, the disposition of the persons involved, and who was notified. In reviewing the blotter, you should see that the MP report number (MPR) is the first form listed. All other forms used will then be listed. The person notified in response to the complaint is also listed. This may include the PM, PM duty officer, unit commander, military police investigator (MPI), or CID. It is important that who was called and when they were notified is listed on the blotter. This ensures that proper action was taken in a reasonable time. (10) If there is a subject taken into custody, this is noted in the Summary of Action Taken column. In Figure 1-5, you can see that subject White was released to his unit commander. A DD Form 629, Receipt for Prisoner, was initiated to prove that the MPs took White into custody as a result of the complaint, and White was later released to CPT Webb. (11) What is the disposition of the victim? This is shown in Figure 1-5. The victim was transported by the MPs to the hospital for examination and treatment. (12) There can be changes and updates made on the desk blotter. See blotter entry number 4 on Figure 1-5 for example. You can see that the investigation is continued by the CID. The blotter would refer back to the original blotter entry and date that the incident was noted. The new information would be stated in the summary of police information. Any further disposition of forms would be noted in the Summary of Action Taken column. (13) Certain incidents are reported to the MPs which do not require any police action beyond taking the report and filling out the proper forms. 1-11 MP2003

For instance, PFC Jones reports that he lost his military ID card sometime in the last 24 hours. This could be typed onto the blotter as an information entry instead of as a crime with the UCMJ code. (14) The blotter is closed at 2400 with the statement: "Blotter Closed." The signature block of the authorized individual is typed below the final blotter entry. It is your duty to review the blotter completely and then sign it. b. Distribution. (1) DA Form 3997 is prepared in an original and three copies. The original is kept in Provost Marshal Office (PMO) files. The first copy is filed chronologically in the desk sergeant's files. The supporting U.S. Army Criminal Investigation Command (USACIDC) field element is sent the second copy. The senior commander of the MP element supporting the MP station receives the third copy. (2) Copies of desk blotters may be sent to commanders whose personnel are involved in police matters. The commander will receive a copy of that specific incident listed on the blotter. This copy, or extract, will include the disclaimer statement and "FOUO" (For Official Use Only) statement on it, IAW AR 190-45. c. Practical Application. You are the PM operations officer of the 29th MP Det. at Ft. Johnston, California. You arrive for duty at 0700 hours on 30 April to find three forms on your desk. The forms, DA Form 1594, DA Form 3997, and DA Form 3945, are prepared and ready for your review. Figures 1-6, 1-7, and 1-8 are what you will now review. An extract from the UCMJ is provided to help you review the forms. This extract is located at the end of this subcourse. (1) In Figure 1-6 there is one important error. Can you find it? Item number 12 states that PV2 Edwards lost his ID card. Do you recall that this journal is used only for administrative information? This information belongs on the MP desk blotter. (2) The radio log in Figure 1-7 is the next form for your review. Do you see the missing information? The desk clerk did not put his military signature at the close of his portion. Does that mean that there was only one radio operator for the 24-hour period? Who is the responsible MP radio operator? You will need to emphasize to each MP radio operator not only to type messages that are clear, but also to affix his signature at the end of his portion of the radio log. In reviewing the radio log, make sure the messages are clear and concise. Is the time a patrol was dispatched in response to a call a reasonable amount of time? Are all the patrols' activities accounted for? These are questions you can ask yourself in reviewing the MP radio log, DA Form 3945. MP2003 1-12

(3) Look at Figure 1-8. There are six errors on DA Form 3997. Can you see them. Look at blotter entry number 3. Using Appendix D-1, UCMJ codes, you can see that larceny of private property is Article 121 of the UCMJ, not Article 112. This can make a big difference if this case is referred to the courts for trial purposes. Also in entry 3, subject data and date are missing. In entry 5, the desk sergeant did not initial or have his name typed in. In this example who would be responsible for the blotter entry? Is it C Carter, or P. Harris? In entry 6, there is no UCMJ after the charge. What is the code? Use Append D-1 to find out. Article 112a is correct. Also, in this blotter entry, look at the Summary of Action Taken column. You will see that DA Form 4137 is listed before DA Form 3975. Since there are so many errors on page one of the blotter, you may need to provide training for your desk personnel. Remember, DA Form 3997 is one of the most important MP forms you are going to review. It is wise to stress the importance of the MP desk blotter to your personnel. 4. DA Form 3998 - Military Police Desk Reference. a. The desk reference card is a companion form to the MP desk blotter (DA Form 3997). The DA Form 3998 is an index card containing the names of persons identified on the blotter as subject, victim, complainant, or witness. MP personnel who are involved in a law enforcement role are excluded. Persons authorized by local SOP to request name checks from the PMO receive the data from the desk reference cards. Dissemination of data guidelines are in AR 190-45. b. The top portion of the card should include the name (last name first), pay grade, SSN, unit, and duty station (location). If the person is a dependent, then the reference card should include spouse's duty station and residence address. You will need to check with local SOP as to the necessary information for dependents and nonmilitary personnel involved in MP incidents. c. Information in the blotter entry section will correspond to the desk blotter. The reference card will include blotter entry number, date entered on blotter, the type of incident, relationship of the person to the case, and the MP report number (MPR). Later entries are added to the same form. If a person is involved in several incidents, all the entries will be chronologically listed on the one desk reference card. When the front and back are filled, the continuation can be on a new card. For easy filing and to maintain accurate records, the continuation reference card can be stapled to the original card. The disposition of a change should be indicated on the DA Form 3998 and when the individual was titled as a subject. d. A persistent problem with reference cards is that a new card is begun before finding out if a card for that person is already on file. When reviewing MP desk procedures with your personnel, it is a good idea to stress that the desk clerk check the file before typing reference cards. e. Figure 1-9 is a sample of an MP desk reference card, DA Form 3998. This example is of a PFC Dale E. Harrison who has been involved in three incidents. To read the information on this card, start with the first line 1-13 MP2003


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of the blotter entry: 8-XX0606 ASSAULT, SUBJECT, MPR 00118-XX-MPCXXX, ART 15. This means blotter entry number 8, on blotter dated 6 Jun XX, Harrison was involved in the subject of an assault. This information can be found in its entirety in MP report number 118 in 19XX case files. f. Reference cards may be placed in an inactive file when the identified person clears the installation. Individual forms should be destroyed five years after the last entry. 5. DD Form 460 - Provisional Pass. a. The purpose of the provisional pass is to allow military personnel, with valid travel reasons, to get to their units. There are specific conditions which authorize you to furnish the provisional pass to armed forces personnel. The DD Form 460 is used for the following types of personnel: absentees (AWOL) whose detention is no longer warranted; persons taken into temporary custody who would be delayed in returning to their units; and for persons whose leave papers have been lost or destroyed. b. Figure 1-10 is a sample of a provisional pass. You can see that PFC Anderson is a member of Company D, 66th Medical Detachment. His duty station is Fort Mason, California. He is at Fort Sill, Oklahoma. Anderson needs to return to his duty station for one of the reasons mentioned above. c. On the backside of the DD Form 460, you can see the order which requires PFC Anderson to proceed to his unit on the most direct route on the first available transportation. By signing the pass, PFC Anderson admits receiving the order and that he understands the pass does not prevent him from receiving disciplinary action for previous actions. The acknowledgement also means PFC Anderson understands that failure to obey the order to return to his duty station will subject him to disciplinary action. d. When filling in his form, it is important to indicate the specific activity, or unit, where the pass was issued. In Figure 1-10, you can see that the DD Form 460 was issued at the Provost Marshal's office in Ft. Sill. This sample pass also shows that SSG Newman issued the pass. His signature is above his printed name. e. The provisional pass is filled out in three copies. The original form (white) is given to the person requiring the pass. The first copy is green, and is filled out by the issuing unit. In the sample, the green copy would be filled at the PM Office of Fort Sill, Oklahoma. The second copy (yellow copy) is forwarded to the person's commander. 1-17 MP2003


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LESSON 1

PRACTICE EXERCISE The following items will test your grasp of the material covered in this lesson. There is only one correct answer for each item. When you complete the exercise, check the answer with the answer key that follows. If you answer any item incorrectly, study again that part of the lesson which contains the portion involved. Situation: You are the PM operations officer at Ft. Johnston, California. PV2 Michael E. Struthers walks into the MP station and reports to the desk sergeant, SGT Moura, that he is AWOL from his unit. In questioning PV2 Struthers, SGT Moura determines that Struthers is assigned to the 161st Infantry Bn., Ft. Browning, Nevada. Use the MCM Extract, Appendix D (D-14), to assist you in answering the following questions. 1. What information will be on the radio log about PV2 Struthers? A. A clear, concise narrative detailing the facts. B. Administrative facts for informational purposes. C. PV2 Struthers' full name, military signature, and the relationship of Struthers in this case. D. Nothing; the information on PV2 Struthers was taken by the desk personnel and will

appear on other MP forms. 2. The desk clerk is filling out a desk reference card, DA Form 3998, on PV2 Struthers. What information should you see on this reference card? 1. Station: PMO, Ft. Johnston, CA. 2. Blotter Entry: 3-17-87, ARTICLE 86, SUSPECT, MPR 00118-87. 3. Organization: 161st Inf. Bn. 4. Name: STRUTHERS, Michael E., E-3. A. 1, 2, and 4. B. 2 and 4. C. 2, 3, and 4. D. 3 and 4. 3. What will you instruct your desk sergeant to do with PV2 Struthers? A. Place Struthers in a confinement facility. B. Initiate a provisional pass for PV2 Struthers. C. Place Struthers in detention and request personnel of the 161st Inf. Bn. to come for him. D. Release Struthers after all the information is collected; mail his ID card to his

commander. MP2003 1-20

4. Which blotter extract would you approve when reviewing DA Form 3997? A. Absent Without Leave (Art. #85). SUBJECT: STRUTHERS, Michael E., E-3 M/CAU/19, 123-45-6789 161 Inf. Bn., Ft. Browning, NA B. AWOL (Art. 86). Subject: STRUTHERS, Michael E., Private M/CAU/19, 123-45-6789 161 Inf. Bn., Ft. Johnston, CA C. Absence Without Leave (Art. #86, UCMJ). Subject: STRUTHERS, Michael E., E-2 M/C/19 123-45-6789, 161 Inf. Bn. Ft. Browning, NA D. AWOL (Art, #85, UCMJ) Suspect: STRUTHERS, Michael E. 161 Infantry Battalion Ft. Johnston, Nevada 123-45-6789 5. SGT Beth Gilberton reported to the MP station that her meal card and cigarette ration card were stolen. One month later SGT Gilberton was charged with black-marketing activities. How is this information noted on DA Form 3998? A. One DA Form 3998 is completed for the black-marketing incident; no entry is made for

the administrative report on the meal and rations card. B. Two desk reference cards are completed listing the incidents separately; the forms are

filed in chronological order. C. Two desk reference cards are filled out for each incident and then they are stapled

together. D. One DA Form 3998 is completed listing the incidents in chronological order. 1-21 MP2003

LESSON 1

PRACTICE EXERCISE

Answer Key and Feedback ITEM Correct Answer and Feedback 1. D. Nothing; the information on PV2 Struthers... This log is a chronological record... (page 1-3, para 2a(1)). 2. C. 2,3, and 4 The top portion of the card should include... (page 1-13, para 4b, c). 3. B. Initiate a provisional pass for... The purpose of the provisional pass... (page 1-17, para 5a). 4. C. Absence without leave (Art #86, UCMJ)... After the offense... (page 1-8, para 3a(4)). 5. D. One DA Form 3998 is completed listing... If a person is involved in... (page 1-13, para 4c). MP2003 1-22

LESSON 2

MILITARY POLICE REPORT FORMS


OVERVIEW LESSON DESCRIPTION: This lesson is designed to give you a working knowledge of the military police report and an understanding of the forms needed to complete it. TERMINAL LEARNING OBJECTIVE: ACTION: Perform a technical review of Military Police (MP) report forms used by MP patrols

and desk personnel to complete reports. CONDITION: You have a completed DA Form 3975, Military Police Report, and applicable

regulations. STANDARD: Demonstrate your comprehension of the task knowledge by correctly answering 70

percent of the multiple-choice questions. REFERENCES: The material contained in this lesson was derived from the following publications:

AR 190-45, UCMJ MCM, AR 190-29, AR 190-5, FM 19-20, FM 19-10.

INTRODUCTION The Military Police Report (MPR) DA Form 3975 is a basic MP form. It contains information needed to generate other reports and forms. The MPR is used to record data about complaints and incidents observed by, or reported to, the MPs. Exceptions are routine traffic violations or minor violations where verbal warnings are given. MPRs are also used to inform commanders and supervisors about incidents involving their personnel. It is prepared in every case where an apprehension is made or a military person is returned to Army control by another apprehending agency. The MPR records data on MP and civilian law enforcement investigations concerning the Army. The form is initiated by the MP desk sergeant, or by the MPs taking a report. MPRs are also used to record the results of investigations conducted by MPI. It can be prepared as the initial report of police action or as a forwarding document for DA Form 4833, Commander's Report of Disciplinary or 2-1 MP2003

Administrative Action. It also acts as a forwarding document for the following:

o DD Form 1805, Violation Notice. o DA Form 3946, Military Police Traffic Accident Report.

These forms are discussed later in this lesson along with other forms and responses that are generated from the DA Form 3975. THE MILITARY POLICE REPORT DA FORM 3975 AND SUPPORTING FORMS 1. Completing the Form. a. MPR number. This number consists of three groups of digits separated by hyphens. For example, MPR# 00287-97-MPC002 is one report number. The first set of numbers is called the sequence number and consists of five digits. The number is assigned as the incident is reported to the MP station. The first MPR of the calendar year is assigned the number 00001. In your example, the MPR sequence number means it is the 287th case. The sequence numbers start at 00001 on the first calendar day (Jan 1) and ends on the last calendar day (Dec 31) of the current year. (1) The second set of numbers is the year suffix. This is a two-digit number. It represents the calendar year in which the report is processed. In our example, the year suffix is 97. This means the report number 00287 was in 1997. (2) The last element of the MPR number is the Military Police Code (MPC) number assigned to the element reporting the offense. The MPC number consists of the letters "MPC" followed immediately by a three-digit numeric code. In your example, MPC002 represents the provost marshal for Ft. Meade, MD. MPC codes are found in AR 190-45 (the table from AR 190-45 listing all MPC numbers is contained in this subcourse). Therefore, the full MPR number is 00287-97-MPC002. b. Report Date. This is the date the report was prepared for final distribution. Use the six-digit format for dates in all blocks on this form, except in the details of the report on the back of the form. In Figure 2-1, the date of the report is 970710. So far we know that there have been 287 MPRs processed between 1 Jan 97 and 10 Jul 97. c. USACRC Control Number. This is an alphanumeric number separated into four groups by hyphens. This number is used when reports are forwarded to the United Stated Army Crime Records Center (USACRC). Only specified offenses have a Crime Records Center (CRC) number. (1) A report requiring notification to the Crime Records Center will receive a CRC number. In Figure 2-1, there is a CRC number. This report does require that the CRC be notified. A discussion on reportable offenses follows at the end of this lesson. MP2003 2-2

Figure 2-1. Sample of completed DA Form 3975 (Front)

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Figure 2-1. Sample of completed DA Form 3975 (Back).

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(2) The number 97-MPC002-4618C-7G1B2 is an example of a cross-reference USARCRC number. The first two digits are the last two numbers of the calendar year. The second group of numbers is the MPC number for the reporting law enforcement element. (3) The third group of numbers is the sequential case number from the block of numbers allocated to the preparing military police agency by the parent MACOM. This is a four-digit number followed by one alpha character. In your example, 4618C would indicate the case sequence number. (4) The fourth group of numbers will be the offense code. This is the code for the most serious offense related to the incident. If the most serious offense was "burglary in a family dwelling," offense code 7C1B would be used. This grouping may contain two to five digits, depending on the type offense. The codes may be found in AR 190-45 and in the extract at the end of this subcourse. (5) When the MP report pertains to a case referred to CID, the CID case number will be placed in this block of the report. The CID case number can be obtained from the CID element. When the report is not forwarded either to the USACRC, or CID, this block is left blank. d. Addresses. Only forwarded MPRs are addressed. The "THRU" space is used for the address of the commander of the receiving unit's next higher headquarters. The "TO" space is used for the address of the commander receiving the report. The "FROM" block contains the typed address of the law enforcement element which prepares the report. When the report is signed "for the commander," and it tasks the receiving commander to respond, the address in the "FROM" block should reflect the commander and use an ATTN line to specify the provost marshal office. For example:

e. Report Type/Status. The Report Type/Status block is used by the MP to identify the type of report and the status of the MP and commander's actions. There may be more than one space checked. The Commander's Action Completed block will be checked on the PM file copy upon receipt of completed DA Form 4833, Commander's Report of Disciplinary or Administrative Action. You can see that two blocks were checked in Figure 2-1: "Complaint," and "Commander's Action." 2-5 MP2003

f. Evaluation. Incidents are evaluated as follows: - Criminal Offense - an offense punishable by a punitive article of the Uniform Code of

Military Justice (UCMJ) or Assimilated Crimes Act. - Military Offense - when the offense is strictly military in nature, such as AWOL. - Traffic Offense - when the offense is only covered by traffic control statutes or when the

DA Form 3975 is used for forwarding a Traffic Accident Report (DA Form 3946) or Violation Notice (DD Form 1805).

- Founded - when the complaint is substantiated. - Unfounded - when the complaint cannot be substantiated. - Information - when documenting information that does not require further police action

or requests for assistance not involving police enforcement action. When "Information" in block #1 is checked, this box should be checked.

g. Complaint/Offense/Incident. The guideline for entering the types of complaint are listed below. When you are reviewing DA Form 3975, make sure that both the word description and the offense number are used. - Complaint language from the Manual for Courts-Martial (MCM) is used, followed by the

UCMJ punitive article number. - Civil charges with a military equivalent are listed by the military charge followed by the

civil charge in parentheses. - Civil charges without a military equivalent are stated in the terminology used by the civil

authorities. - Military regulation violations include the title of the regulation, the regulation number,

and the pertinent UCMJ article. - Multiple offenses are listed and numbered consecutively. The Summary of the report is completed on the back of the form (or separate sheet) as a continuation of the Complaint block. Details must be a concise statement answering the questions of who, what, when, where, how, and why. When a person has been identified elsewhere in the report, only that person's capitalized last name is used. h. Location. The exact location of an incident is important. Check on or off post as applicable. The location must be so explicit as to identify the location from any other. Use street names, building numbers, compass directions, measurements, and/or anything else necessary to precisely identify MP2003 2-6

a location. However, do not use mobile objects, such as a footlocker. This information belongs in the details of the report. i. Time of Offense. The exact time should be indicated by the military 24-hour clock. If the exact time is unknown, the most accurate time range is indicated (for example, between 2300 and 0800). When using a time range enter the beginning time of the incident in the top of Block 5 and the ending time in the bottom of the same block. j. Date of Offense. The date is indicated in the year/month/date format. If an exact day is unknown, a date range is noted (for example, between 970704 and 090705). When using a date range, enter the beginning date of the incident in the top of Block 6 and the ending date in the bottom of the same block. k. Offense Codes. The correct offense code must be listed for all reports. The codes are found in AR 190-45 (an extract is at the end of this subcourse). l. Complaint Received By. Blocks 8, 9, and 10 are completed as follows: - The Complaint Received By block contains the rank (not grade, i.e., SFC, not E7), and

the name of the person receiving the complaint (last name in capitals, first, MI). This person is usually the desk sergeant.

- The hour received is stated in terms of the military 24-hour clock. - The date received is expressed in the six-digit (year-month-date) format. m. MP Action Referred To. Check the applicable block or blocks. The "Other" block refers to other agencies. When this block is checked, the agency must be specified, such as Federal Bureau of Investigation (FBI). The date referred must be in the six-digit (year/month/date) format. n. Name of Subject. This block contains the offender's name. Enter the last name (all in capital letters), first name (upper/lower case), and middle name. If the subject has no middle name, indicate by "NMN." Blocks 12a through 12o should contain other data on the subject. We will discuss only those which are not self-explanatory. - 12a should contain the authorized pay grade for military or DOD civilian personnel, for

example, El or GS8. - Persons other than those above will be identified by "CIV" for civilian or "FM" for

Army family members. - 12b for military and DOD civilian personnel should list their organization. For other

civilians, the home address, zip code, and telephone number is listed. 2-7 MP2003

- 12f is filled in by checking against the Category (1) list at the bottom of the form. - 12o will have the correct Race Code entered. These codes are as follows:

CODE RACIAL ETHNIC R...........................Red (American Indian) M..........................Yellow (Asian/Mongoloid) N...........................Black (Negroid or African) C...........................White (Caucasoid) H...........................Hispanic (Caucasoid or Negroid) X...........................All others

Date of birth is to be shown in the six-digit (year/month/date) format. Weight is entered in pounds and height is entered in feet and inches. If more than one subject is involved, "#1" should be printed or typed in Block 1w preceding the name. Other subjects and personal data is listed on the reverse side of the form in the same sequence. o. Involvement. Check the appropriate box. A determination of alcohol involvement must be based on police observation, witness statements, or blood-alcohol testing. Drug involvement must be determined by medical personnel, except in those instances in which the charge is a drug-related offense (use, possession, or trafficking). p. Dress. This is what the subject was wearing at the time of apprehension. The subjects in the same report were in civilian attire at the time the MPs made the apprehension. q. Cooperative. There are two choices in Block 15; "Yes" or "No." If "NO" is checked, an explanation must be included in the details of the report. Refusal to make a statement or to waive civil rights does not constitute being uncooperative. Remember, a subject has the right to refuse to make any statement which may be self-incriminating. r. Identifying Marks. All identifying characteristics such as scars, marks, and tattoos which are readily visible without a strip search should be noted for each subject. The description as well as the location of the identifying mark should be noted. If there are no identifying marks, state "NONE" or "NONE VISIBLE" as appropriate. s. Persons Related to Report. All persons related to a report, except the subject, are identified in this space. Military police involved with the case are included. However, the name of the person shown in Block is not repeated here. Names are listed in the format of last (all caps), first, middle initial. NMI (no middle initial) is used when applicable. The grade will be the military MP2003 2-8

pay grade for military personnel and civilian pay grade for DA civilian personnel (for example, GS7). The codes for column "e" and "f" can be found at the bottom of the report form. t. Property Data. In the Property Data block, list all lost, stolen, recovered, and/or damaged property related to the report. Evidence which falls into one of these four categories will also be listed here. However, evidence that is confiscated from its owner and has not been lost, stolen, recovered, or damaged is not listed in Block 18. This information should be entered in Block 19b, Disposition of Evidence (for example, a knife used by its owner in an aggravated assault is evidence, but not listed in Block 18, because it has not been lost, stolen, recovered, or damaged). The date listed is the date of loss, theft, damage, or recovery, whichever is later. The codes for "b" and "c" are self-explanatory and can be found at the bottom of the report form. The codes chosen should be the ones that most accurately reflect the type and action. The code chosen for action must reflect the actual state of the property at the time of the report. Only one code is obtained for each column. The value listed will be the fair market value (U.S. currency) obtained from the owner or responsible agent. u. Disposition. The disposition of the offender must be stated clearly. If a subject has not been apprehended, the subject will be listed as "at large." The disposition of evidence must include a description of the evidence and its present location, also indicate the initiation of the DA Form 4137 (Evidence/Property Custody Document). v. Enclosures. This is a list of all the statements and reports completed at the time the MPR is prepared. List those documents which provide facts governing the offense and are being sent with the report to the commander. w. Distribution. On initial reports, the Distribution space is left blank. On final reports, state the number of copies and where they are being sent. Distribution will normally be set by local policy in accordance with AR 190-45. x. For the Commander. Person signing this form should be designated by local policy, and if signing for the commander must be on orders. Reports not requiring commander's action can be signed by designated individuals not on orders. On final report when a commander's action is required, the name, rank, and branch of the MP officer acting as assistant or Acting Assistant, Adjutant General, will be listed. The entry is typed in all caps.

Example: ASST ADJ or ACTING ASST ADJ. On final reports when a commander's action is not required, the words “For the Commander” should be struck out. The name of the officer who is tasked to 2-9 MP2003

sign the reports is entered (all caps). This includes name, rank, branch, and organizational title. 2. Distribution. a. Initial reports are prepared in one copy by the desk sergeant or the MP making the report. Final reports are prepared in the number of copies set by local policy. b. A minimum of three copies are made when an incident falls into one of the following four categories: o Violations of Articles 111 through 133, UCMJ. These are felony offenses such as rape,

arson, murder, and aggravated assault. o Violations of Articles.77-85, 87-110, and 134, UCMJ, when the maximum punishment is

confinement for six months or more. o Offenses which result in revocation or suspension of driving privileges or the assessment

of six or more points as outlined in AR 190-5 (for example, driving under the influence (DUI), or reckless driving).

o An offense under the Assimilative Crimes Act (18 USC 13) or other federal statutes with

no corresponding MCM offenses for which a maximum of six months or more confinement is prescribed.

c. When an incident falls under one of the above categories, the distribution will be: o Original--forwarded to USACRC. Information will be forwarded to the CRC even if the

subject never serves the sentence. o First copy--filed in PMO files. o Second copy--forwarded to the commander. d. Remember that DA Form 3975 is also used as a forwarding document for other MP forms. They are DD Form 1805 and DA form 3946. These two forms are discussed below. 3. DD Form 1805, Violation Notice. a. DD Form 1805 is used when a U.S. Magistrate Court is available to cite offenders of minor violations including parking offenses, moving traffic offenses, and some nontraffic offenses. Subjects can be cited for violating state traffic laws which apply to military bases. Violators of fish and wildlife regulations are also cited on this form. MP2003 2-10

b. Punishment for the offenses cited on DD Form 1805 does not exceed one year imprisonment, $1,000.00 in fines, or one year imprisonment and $1,000.00 in fines. c. Some offenses, such as parking and moving traffic violations are handled by mailing the designated fine. d. Some minor offenses require an appearance in court. In accordance with AR 190-29, the installation PM or comparable law enforcement official will coordinate with local magistrates or district courts. He will secure an approved list of offenses requiring mandatory appearance. e. General guidelines for violations demanding court appearance include: o Indictable offenses. o Offenses resulting in accidents. o Operating a vehicle under the influence of alcohol, narcotics, or mind-altering drugs. o Allowing another person under the influence of the above to drive a vehicle that one

owns or has custody of. f. Some violators of minor offenses request a court appearance. This is done at the time the DD Form 1805 is issued. Violators can also request a court appearance by mail if they are not present at the time the citation is issued. g. Distribution of the DD Form 1805 depends on whether or not the violation is a mail-in violation or requires a court appearance. When mail-in procedures are authorized: o Copies 1, 2, and 3 are returned to the PMO. -- The PMO forwards copies 1 and 2 to the appropriate U.S. District Court. -- Copy 3 is filed at the PMO. o Copy 4 (envelope) is issued to the violator or placed on his vehicle. For offenses that require mandatory court appearances: o Copies 1, 2, and 3 are returned to the PMO. -- The PMO forwards copies 1 and 2 within 24 hours to the magistrate before whom the

violator is to appear. -- Copy 3 is filed at the PMO. 2-11 MP2003

o Copy 4 (envelope) is issued to the violator. When military personnel are cited, their unit commander will be informed of the details of the offense and the fine assessed or court appearance date. 4. DA Form 3946, Military Police Traffic Accident Report. a. DA Form 3946 is used to record all relevant information on traffic accidents. It is prepared by the responding MP patrol unit, or desk sergeant at the station. It should show the details of the accident and the persons and vehicles involved. b. DA Form 3946 is prepared in an original and two copies. Normal distribution requires: o Original is forwarded to CRC. o A reproduced copy is forwarded to appropriate commander. o The first (white) copy is retained in PMO files. o The second (yellow) copy is available for release. c. When the offense warrants sending DA Form 3946 to CRC, it is distributed the following way: o Original is forwarded to the appropriate commander. o First copy is forwarded to the CRC. o Second copy is retained in PMO files. d. When incidents involve Army Air Force Exchange Services (AAFES) equipment or facilities, an information copy is forwarded to the AAFES installation exchange manager. This is not necessary if the original was forwarded as above for action. e. When the PMO is forwarding copies of traffic violations or accidents to a unit commander, DA Form 3975 (the MPR) is the document that must accompany the DA Form 3946. f. There are other forms which are important to the processing of a case. These forms are discussed below. If they are used, it is important that they be noted on the MP report. 5. DD Form 1920, Alcoholic Influence Report. a. DD Form 1920 is used when persons are apprehended for driving under the influence of alcohol. Law enforcement personnel interpret and record their observations on DD Form 1920. MP2003 2-12

b. Copies of DD Form 1920 are distributed as required. It is also attached to DA Form 3946, Traffic Accident Report, and DA Form 3975, Military Police Report. 6. DA Form 2804, Criminal Data Reference Card. a. DA Form 2804 is used to forward identifying data on persons involved in reportable offenses to USACIDC Crime Center. b. One card is made out for each subject and victim on a MPR. This form provides extensive information about their identity and relationship to the military. c. The completed DA Form 2804 is attached to, and forwarded with, the completed DA Form 3975. They are forwarded by the preparing office directly to:

Director U.S. Army Crime Records Center 2301 Chesapeake Avenue Baltimore, MD 21222-4099

7. DD Form 629, Receipt for Prisoner. a. This form is used to transfer a prisoner or detained person from one activity to another. Earlier in this lesson and in Lesson 1, we discussed briefly how this form is noted on the desk blotter and on the MPR. In the lessons, the DD Form 629 was completed by the desk sergeant and signed by the person taking custody of the prisoner. b. This form will also be noted on the desk blotter in the "Action Taken" column when the MPs have apprehended a suspect or detained a person for questioning at the MP station. When the MPs have finished questioning the subject, or when the prisoner is turned over to another law enforcement agency, the receipt is signed by the person receiving custody. c. When you are reviewing MP forms, find out if the patrol or desk sergeant held the subject in custody. If so, make sure the proper forms are initiated and the custody is properly documented. d. Use Figure 2-2 to identify information needed to review a DD Form 629. o Name of the unit or activity releasing the prisoner or detained person. o Date and time of actual transfer of custody. o Identification of the prisoner. o UCMJ article and offense for which the person is detained. 2-13 MP2003

o Status of prisoner's personal property at the time of release from transferring activity. o Comments appropriate to the situation. o Information identify the person receiving the prisoner, including his signature.

Figure 2-2. DD Form 629.

e. DD Form 629 is prepared in duplicate. It can be hand printed or typewritten. The original copy is held at the MP station and is attached to the paperwork involving the prisoner. The first copy is given to the person taking custody of the prisoner. 8. DA Form 4137, Evidence Property Custody Document. a. DA Form 4137 is a multipurpose form referred to as the "evidence document." It documents all property or evidence tagged with DA Form 4002, Evidence/Property Tag. This includes property seized as evidence, impounded, or received from prisoners or detained persons. It also includes found or recovered property. b. The DA Form 4137 serves as a receipt for the property. It documents the acquisition and description of evidence, the chain of custody, and the MP2003 2-14

final disposal action and authority. It is also used to document the witness to destruction of evidence. Figures 2-3 and 2-4 are samples of the Evidence/Property Custody Document. Review the blocks as we discuss them. c. Heading. Make sure the blocks in the heading contain the following information: o MPR/CID SEQUENCE NUMBER--The report sequence number from the activity

handling the case. o CRC REPORT/CIDRO NUMBER--The report number from the activity conducting the

investigation. o RECEIVING ACTIVITY--The office or organization conducting the investigation. o LOCATION--The room number, building number, installation, and state of the office or

organizations conducting the investigation. d. Name, Grade, and Title of Person from Whom Received. All evidence received from a person must include name, grade, and title. If the evidence received is not from the owner of the property, then you check "Other." This would include rented or borrowed property. Evidence that is collected other than from a person should reflect "Other" on the DA Form 4137. An example of property used as evidence which did not come from a person is in Figure 2-3. In this sample, the evidence was found at the crime scene. There is no known owner at the time the evidence was collected. Therefore, "Other" was checked and "Crime Scene" was typed in this block. e. Address. The person's address from whom the property was taken is listed here. If, as in the sample DA Form 4137, there is no known owner, then "N/A" is typed into this block. f. Location from Where Obtained. This is exactly where the evidence was found. Sometimes a sketch of the crime scene is helpful to describe the exact location. The evidence in Figure 2-3 was obtained from the living room of a residence. g. Reason Obtained. On the sample DA Form 4137, you can see the property was taken from the living room of the residence for the purpose of collecting evidence. Contraband (or controlled substance) would be noted as "found controlled substance." Explosives found or detained would be marked for destruction. h. Time and Date Obtained. This is the exact time or best approximate time the property was obtained. In the same evidence document, five items were collected at the crime scene. Between 0900 hours and 1130 hours on 2 January, the evidence was collected by CID Special Agent (SA) Paul. 2-15 MP2003

The center section of the evidence document contains the information about the property. The Item Number column lists the number for each item or group of similar items. This number will match the item number on the evidence/property tag attached to the item. If different items for the same investigation are grouped before being received by the SA or MP, all these items are assigned the same number. i. Quantity. This column represents the number of items in each entry. If five baseballs were collected for evidence, then there would be one item number and all five baseballs would be grouped together. j. Description of Articles. When reviewing this section, make sure an accurate description of each item is given. This description is what is actually observed about the item at the time it was collected. The features and condition of the item are noted. (1) The value or estimated value is not listed. This protects the MP or agent who is collecting the evidence. If the bracelet appears to be gold with diamonds and that description is given on the evidence document, the MP and evidence custodian are responsible for a gold and diamond bracelet. It may turn out that the bracelet is actually gold-filled with rhinestones. What if the owner of the bracelet complains that a real gold bracelet was taken from him, but he was given a gold-filled bracelet instead by the evidence custodian? Who is responsible? (2) To protect the MPs involved in collecting evidence, make sure every item is carefully described. A bracelet appearing to be gold would be listed as gold-colored metal bracelet. Again, no value should be stated. (3) All serial numbered items should be listed with the complete serial number in the description. Also listed will be the initials of the person collecting the evidence, the date, and the time the evidence was collected. (4) In item number 4 of Figure 2-3 you can see that a cigarette butt was placed in a vial by SA Paul. Evidence which is likely to be destroyed or altered when it is handled requires a protective covering. In this example, a vial was used. Instead, of marking on the cigarette butt to identify it for evidence, the agent marked the vial and the seal. (5) All the items detailed in the sample DA Form 4137 were located in the living room of the residence. Each item, though, was found separately within the room. You will note after the description of each item, in parentheses, is the location where that item was found. For example, can you see where the baseball was found? (6) The words "Last Item" should follow the last item of evidence listed. It is typed in all caps, centered, and set off with solid lines from the words to the margin. The sample used X's instead of a solid line. This is another form of protection for the person completing the evidence document. Without the "last item" statement, it would be possible to type in more items MP2003 2-16

than actually collected. This would make the MP or agent, plus the evidence custodian, responsible for property that was not collected. k. Chain of Custody. This is the remaining portion of the front of DA Form 4137. Each entry lists the item by number, the date it was seized, and the person from whom the property was originally taken. A name is included whether or not the person signs for the item. A "N/A" is marked when the property is from a crime scene or found. (1) The Received By block should contain the signature and name of the SA or MP who originally received the property. Only the original copy needs to be signed. However, the signature should be legible on all copies through the carbons. (2) The Purpose of Change of Custody block is for a brief statement describing why the evidence changed hands. In Figure 203, there are five different reasons given as to why one person released custody to another person. Make sure that there are no lapses in the chain of custody; nor any unnecessary persons involved in the handling of evidence. (3) The Chain of Custody section continues on the back of the form (see Figure 2-4). The last entry in this section documents what action will be taken with the property. The last entry under the PURPOSE column will indicate disposal action, return of item to owner, or transfer of the evidence to another activity. (4) This documenting procedure is followed each time the evidence changes possession. When you review a Custody Document, check for continuity in change of custody and purpose for the change. l. Back of DA Form 4137. The rest of the form is to document the final disposal action and authority. This section is usually completed by the evidence custodian for those Custody Documents held by him. (1) The SA or MP originally receiving the evidence may pencil in an expected disposal action. This is helpful when the property owner's name does not appear elsewhere on the form. However, that entry must be checked by the evidence custodian and then typed or inked in before he requests disposal authority. (2) Final Disposal Action is indicated in one of three ways. o RELEASE -- If evidence is to be released, the item number(s) and owner or unit

name must appear on the first line. 2-17 MP2003

Figure 2-3. DA Form 4137 (Front).

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Figure 2-4. DA Form 4137 (Back).

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o DESTROY -- If evidence is to be destroyed, the item number(s) are listed on the second line.

o OTHER -- Indicates release of evidence to a party other than the original owner. This

is for evidence turned over to the FBI, Secret Service, or other activities. The receiving party or agency must be listed.

(3) Review the above for continuity with the last Purpose of Change of Custody section listed in the previous section. m. Final Disposition Authority. This section of the DA Form 4137 is completed when evidence is no longer needed. The evidence custodian completes the first section. He indicates items released or destroyed and the investigation reference. The evidence custodian then hand delivers or mails the original custody document to the official authorized to approve the final disposal of the evidence. The approving authority signs and dates the second portion of this section. n. Witness to Destruction of Evidence. This section is completed for all items of evidence that are destroyed. Review this section for correct item numbers, witness' name, organization, and signature. Ensure that last entry in the "Chain of Custody" section documents this disposition. o. Distribution. DA Form 4137 is prepared in an original and three copies. It is distributed in the following manner: o Original, first, and second copies are presented to the evidence custodian: -- Retains the original and first copy in his files. -- Returns second copy to the SA or MP who submitted the evidence for the case file. It

is attached to the MPR. o The third copy is given to the person originally releasing the property. It is a receipt for

the property. 9. DA Form 4002, Evidence Property Tag. a. When evidence is detained, it must be tagged with DA Form 4002, Evidence/Property Tag. The purpose of the tag is to identify and control each item of evidence. The MP who receives the evidence first is responsible for tagging it. DA Form 4002 is used to more easily identify items; especially if there are several pieces of evidence for one case. The evidence custodian and laboratory examiner use the tag information when processing and handling evidence (see Figure 2-5). MP2003 2-20

b. Each person handling or processing evidence must preserve the integrity of every item. This means that sealed containers must not be opened, not even to inventory the contents. Accountability is most important. It begins from the moment evidence is received until it is disposed of. c. DA Form 4002 must be attached to each item of evidence. If the evidence is inside a container, the container is tagged. Similar items can be grouped together and tagged as one piece of evidence. For example, a box of tools may have just one tag on the tool box. Each tagged item must then be recorded on DA Form 4137. d. The Evidence/Property Tag, DA Form 4002, is prepared in a single copy. It stays attached to the property until the property is released or disposed of. The tag is then destroyed. e. Physical evidence and its paperwork should be released to the evidence custodian as soon as possible. It is normal to release the evidence not later than the first working day after receiving it. Evidence that is temporarily stored will be controlled by the duty special agent, MPI duty investigator, or the MP desk sergeant. f. This concludes Lesson 2, which covers the DA Form 3975, the Military Police Report, and forms used by the MP patrols and desk personnel to complete MP reports. Review the MPR for complete information. When it is used as a forwarding document, ensure all appropriate forms are attached. 2-21 MP2003

Figure 2-5. DA Form 4137 and 4002.

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This page left blank intentionally. 2-23 MP2003

LESSON 2

PRACTICE EXERCISE The following items will test your grasp of the material covered in this lesson. There is only one correct answer for each item. When you complete the exercise, check your answer with the answer key that follows. If you answered any item incorrectly, study again that part of the lesson which contains the portion involved. 1. The subject of a DA Form 3975, Military Police Report has resisted apprehension and refuses to make an oral or written statement. What is the correct behavior choice for block 15? A. Check No; explain in Summary. B. Check Yes, with an explanation in Summary. C. Check No; no further explanation is necessary. D. Check Yes; a subject has the right to refuse to make any statement which may be self-

incriminating. 2. A stolen privately owned vehicle (POV) has been recovered prior to the report's completion. What is the correct entry code for Property Type/Action from those given? A. B/B. B. F/C. C. D/C. D. F/B. 3. What is the correct evaluation for a substantiated charge of selling government property of a value greater than $500.00? A. Information. B. Criminal offense. C. Military offense. D. Serious military offense. 4. SGT Smith apprehended PVT Adams for housebreaking. Smith confiscated a handgun which he tagged as evidence and turned over to the Evidence Custodian O'Hara. Select the correct first entry in "Chain of Custody" on the DA Form 4137.

A. RELEASED BY: Smith. RECEIVED BY: O'Hara. B. RELEASED BY: Adams. RECEIVED BY: O'Hara. C. RELEASED BY: Smith. RECEIVED BY: Adams. D. RELEASED BY: Adams. RECEIVED BY: Smith.

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5. This is calendar year 1987 and our last report was number 09310. We have previously forwarded 625 reports to commanders. You are in Fort McClellan Provost Marshal Office. What is the correct report number for this report? A. 87-9311-626. B. 09130-626-87. C. 09311-87-MP063. D. 09311-87-MPC002. 6. As you review an initial MPR, you notice that there are two subjects. What will you look for to make sure the second subject is documented? A. A second MPR documenting the second subject. B. Subject #2's personal data on the back of the form. C. Subject data Blocks #12-#16 divided in half and filled in. D. Subject #2's personal data entered in Summary, Details of Report. 7. The first MP patrol unit on the scene of a murder seized as evidence a tool box contains various hand tools. How will these items be documented as evidence? A. Tagged with on DA Form 4002. B. Tagged with a separate DA Form 4002 for each item. C. Documented at the station on a DA Form 4137. D. Separate custody document prepared for each item. 8. A black tire tool, 21-inches in length, is evidence in a case. The tool is released to the local CID. Choose the correct disposition entry on the MPR for this evidence. A. Rel to CID on DA Form 4137. B. Tire tool-Rel to CID on DA Form 4137 on 830704. C. Tire tool, 21-inches in length, black in color-Rel to CID evidence custodian on DA Form

4137. D. Tire tool-Rel to CID on DA Form 4137. Give description of the evidence in Block 18. 2-25 MP2003

LESSON 2

PRACTICE EXERCISE

Answer Key and Feedback Item Correct Answer and Feedback 1. A. Check NO; explain in Summary. Cooperative. There are two choices... (page 2-8, para q). 2. B. F/C. See Figure 2-1, page 2-3. 3. B. Criminal offense. Evaluation. Incidents are evaluated... (page 2-6, para f). 4. D. Released By: Adams. Received By: Smith. Chain of custody (page 2-17, para k). 5. C. 09311-87-MP063 MPR Number (page 2-2, para l(a)). 6. B. Subject #2's personal data on ... If more than one subject... (page 2-8, para n). 7. A. Tagged with on DA Form 4002 DA Form 4002... (page 2-21, para c). 8. C. Tire tool, 21-inches in length... Description of articles (page 2-16, para j). MP2003 2-26

LESSON 3

SWORN STATEMENT


OVERVIEW LESSON DESCRIPTION: This lesson is designed to give you the knowledge to prepare a rights warning certificate and receive a sworn statement. TERMINAL LEARNING OBJECTIVE: ACTION: Prepare and receive a sworn statement and a rights warning certificate. CONDITIONS: You have a completed DA Form 2823, Sworn Statement, and applicable regulations. STANDARDS: Demonstrate your comprehension of task knowledge by correctly answering 70


UCMJ, FM 19-10, FM 19-20, AR 190-30, AR 190-45

INTRODUCTION You need a common understanding of terms and factors so that everyone can speak the same language. Basically, interviews and interrogations are based on an incident or offense. They involve three groups of people: Victim: A person whose property (or physical body) has been the object of an offense. Suspect: A person for whom probable cause exists to believe that the person committed the offense. Witness: A person who has information related to an offense. 3-1 MP2003

PART A - DEFINITIONS AND CONDITIONS OF INTERVIEWS/INTERROGATIONS 1. General. For example, suppose A says B robbed him. Also, C saw B rob A, and D saw B at a later time spending a lot of money. Therefore, A is the victim (because it was his property that was stolen). B. is the suspect (because there is cause to believe they each know facts that are related to the robbery). Technically, all four will be considered witnesses, because all four have information related to the robbery. a. There is a difference between an interview and an interrogation. Interviews involve questioning a person who is ready, willing, and able to provide information. Interrogations involve questioning a person who is not able or willing to fully disclose pertinent information he possesses. b. In this case, you would probably interview A (the victim), and interrogate B (the suspect). You would normally interview C and D, also. Suppose, however, that C "does not want to get involved" and does not want to talk. In this case, your interrogate C. Sometimes you might need to interrogate a victim, too. If the victim is trying to hide his part in a crime, he might not want to talk. c. The goal of interviews and interrogations is to get the truth and establish facts. These facts are reported in a statement. You might get an admission or confession in a suspect's or an accused person's statement. (1) Statement An assertion (written or oral) of facts that are pertinent to an investigation. It is secured from anyone having knowledge of an offense. (2) Admission A self-incriminating statement that falls short of an acknowledgement of guilt. (3) Confession A complete acknowledgement of guilt. d. Each person, A through D, made a statement during their interviews and interrogations. If B said that he was at the scene, but did not commit a robbery, then he made an admission. If B said he did rob A, then he made a confession. e. You already know that interviews and interrogations are separate events. The preparations for both, however, are very similar. There are basic elements of information that are needed to conduct either an interview or an interrogation. MP2003 3-2

f. You need background knowledge about an incident (and the person interviewed) for two reasons: (1) You need to know what questions you will ask. (2) You need to know if someone is telling the truth, lying, or just has the facts confused. g. One key to a successful interview is questions that are appropriate. That means the questions must get to the point. They must stimulate recall. They must allow a person to describe environments, conditions, and events. Pictures and sketches can be used as prompts. Do not use questions that yield "yes" or "no" answers. The goal is to have the interviewee tell his story or describe the incident under investigation. He should not just nod in agreement or disagreement. 2. Time and Location. a. An interview or interrogation should be scheduled at the earliest possible time. You would want to talk to a witness and get a statement while his memory is still fresh. You want to talk to a suspect before he has had time to think of alibis or talk with accomplices. There are times, however, when you have to delay an interrogation. You might need to collect evidence or research the suspect's background. b. The length of time for an interview or interrogation varies. When scheduling a talk with a victim or witness, it should be at their convenience. The interview should not be rushed. Likewise, an interrogation must not have a preset time limit, or continue for so long as to suggest duress. c. The location of an interview or interrogation is also variable. It may be at the scene of an offense. For formal interviews, however, a victim or willing witness may be interviewed where they would feel comfortable. This could be at their home or job, as well as at your office. You should talk with suspects or an unwilling witness (unwilling to cooperate for any number of reasons) in a interrogation room. You can control distractions there. There is also a certain amount of psychological advantage. d. The room should be private and free of outside distractions. It should be furnished with only as many comfortable chairs as required and a table for writing. The temperature should be regulated to a comfortable level. This could prevent later accusations that a statement was made under duress. Telephones and room decor that could cause distractions should be removed. 3. Use of Witnesses in an Interview/Interrogation. a. A witness is used at an interview or interrogation for many reasons. At an interview, a witness is used for executing the affidavit on DA Form 2823 (see Figure 3-1). In an interrogation, a witness is needed for the rights warning waiver, and for the execution of the DA Form 2823 affidavit. The 3-3 MP2003


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witness to both these actions would ideally be the same person. This is just in case both you and the witness need to appear in court. At no time should you have more investigators than necessary. Too many witnesses could be used by a defense counsel to indicate a statement was made under duress. b. If the interviewee is female, a female witness should be made available. She can either be in the room or observing through a two-way mirror. 4. Means to Record Interview/Interrogation a. There are two methods to record an interview or interrogation: notes or electronic records. Either the interviewer or a stenographer can take the notes. Allow the interviewee to tell his story at least once. Notes are taken only after you are sure that you are getting the truth. You first want to devote all your attention to the story. If an interviewee is bothered by note taking, you might delay the note taking until later. When using an interrogation room, use secretarial assistance. Remember, the goal of recording the interview/interrogation is to construct a written statement. Notes should be as complete as possible. b. An electronic recording device may make the job easier. It limits note taking time. It also ensures that an interviewee's entire statement is recorded. However, there are some limits. The interviewee must be informed of the plan to use a recording device. In most cases, therefore, note taking will be needed. 5. Conducting an Interview. a. The beginning of an interview is the only time when you do all the talking. You need to relate information to the interviewee. Include your name, position, and credentials. You also need to state the nature of, and the reason for, the interview. You should not treat this lightly. Do not rush through a quick explanation. Take your time and express concern for the person. Relate the importance of the case, especially with victims. The introduction sets the mood for the entire interview. By showing concern, you are certain to receive more cooperation than if you just started asking questions. b. Next, give a general statement of the status of the case. Do not disclose any specific facts or details. For example, to the larceny victim you would say, "I understand your house has been burglarized; I would like to talk with you about it." c. You need to keep in mind the emotional state or attitudes of the victim or witness, especially if the incident is recent. The interviewee may not want to talk. He may be influenced by some prejudice. His perception or memory of the incident may be exaggerated. A calm, steady, concerned approach will help lessen emotional swing. Digressions may occur; you must always make an effort to "stick to the facts." The concern and consideration you give to a victim's injuries or losses will give a truthful victim the incentive to 3-5 MP2003

recall details. At the same time, a lying victim may be thrown off-guard. He will be more likely to tell discrepancies and contradictions. Note the interviewee's emotional state. A later interview may be needed to verify the information given. d. When the interviewee is ready, willing, and able to discuss the incident, you can forgo using questions and use an indirect approach. The indirect approach is simply having him tell his version of the story in his own words. You should ask questions at the end of the story only to clarify information or to fill in gaps. e. If a victim or witness is not ready to talk, or is unwilling, use the direct approach. This involves specific questions that are to the point and aimed at getting facts. This is where preparation will be useful. f. In either approach, always use questions that avoid "yes" or "no" responses. Never use leading questions that suggest an expected answer. Do not interrupt him while he is talking. You must be able to recognize interview interference. g. It is most important to phrase questions to get agree flow of information. For example, instead of asking, "Was your house burglarized?", you might say, "Tell me about the burglary to your home." In a leading question, you might say, "Tell me about the man driving the car" when, in fact, the interviewee never said whether the person driving was male or female. h. When you are reading a statement by a witness or victim, you will likely hear a story that is different from what others have said. A willing witness or victim may not be trying to lie. There may be some "unintentional deception" on his or her part. Be aware that this does occur often. It happens for a number of reasons. Discrepancy between what a witness' says and the known facts is recognizable. This must be cleared up. Differences must he accounted for so that the credibility of the witness in court is not affected. If there are only a few discrepancies, allow the witness to finish the story before challenging him with the discrepancy. If the witness seems to be continually lying, chances are the deception is intentional. In this case, you would probably want to challenge him as the discrepancies come up in the story. i. There are two types of unintentional deceptions: observation and reporting. Deception due to observation includes anything that affects someone's ability to perceive or recall a truth. This could be due to the distance or angle at which they are a witness, the weather, light, or other distractions in the environment. It may be the lapse of time since the observation was made. Likewise, a person's life experience or training may either increase or detract from an observation. j. Unintentional deception in reporting may be due to many factors. These include inability to express himself, or fear of police or police methods. He may have incorrect assumptions as to what details are important. MP2003 3-6

k. Deception may occur if a person does not want to get involved, or wants to avoid inconvenience. l. Prompts such as pictures, sketches, or evidence from background research are useful tools. They help orient the interviewee and serve as a basis for questions. This approach helps to motivate him and serves to "break the ice." m. Once you are reasonably sure that the interviewee has told as much about the incident as possible, prepare a DA Form 2823, Sworn Statement. This form helps to verify that the information given by the interviewer is correct. It is important there are no misunderstandings of the story because this document is valuable evidence. n. After the interview is finished and a sworn statement is made, you need to determine the consistency and reliability of the information. Information is consistent if it compares favorably with other statements, physical evidence, and your own observations. Suppose you were told, for example, that one car struck another in the right fender. The car does have a dent in the right fender. Therefore, the information is consistent. o. Information is reliable if he was truthful. His mannerisms and emotional state may indicate that he was concealing or withholding information, or exaggerating facts. This is hard to determine, or even harder to prove. If the information seems to be inconsistent or unreliable, a second interview may be needed. Discrepancies obscure the truth of the incident. They may cast doubt on the reliability of a witness or victim. p. The interviewee can be confronted later with the inconsistencies. Time can calm an emotional witness and cause an interviewee who concealed information to forget what he said the first time. In either situation, your evaluation will allow you to gather more facts and evidence to support the investigation. q. It is not necessary to warn a witness of his/her Article 31 UCMJ rights unless he has uttered statements which lead you to believe the status of the witness has changed to that of a suspect. All questioning must then cease and the suspect must be informed of his/her legal rights. 6. Conducting an Interrogation. a. Interrogations are a little different than interviews. Generally, though, the same principles apply. An interview is accomplished with someone who is ready, willing, and able to talk. An interrogation is conducted with someone who is not able or willing to talk. For this reason, it involves direct questioning. Although each interrogation is unique, they basically follow the steps and techniques that are discussed below. b. When interrogating a suspect, the nature of the offense under investigation must be stated. He must be informed that he is a suspect or has been accused of the offense. The suspect must also be advised of his rights 3-7 MP2003

under the provision of Article 31 of the UCMJ. The rights warning is printed on DA Form 3881, Rights Warning Procedure/Waiver Certificate (see Figure 3-2). This form will be discussed further in Learning Event 3 of this lesson. c. Interrogations also require the presence of a witness. He will be a witness to the rights warning procedures and to the interrogation. d. As the PM operations officer, you must see there is consideration for the suspect's physical needs. This means that the needs for food, water, rest, and personal hygiene are met. You must be able to show the court that you provided these needs. Any sign of ignoring or withholding a suspect's request can suggest that a statement was made under duress. However, providing for his physical needs does not intend that an interrogation should be controlled by a suspect. Respond to requests that you feel are appropriate and reasonable, so there is continuity and control in the interrogation. Thus, an occasional request should be met. Continual interruptions by requests should be avoided. e. There are two primary approaches that can be employed in an interrogation (just as you would in an interview): the direct and indirect approaches. f. If the guilt of the suspect is reasonably certain, based on overwhelming evidence, and/or previous testimony, then the direct approach is more appropriate. Here you attempt to determine why the suspect committed the offense rather than if he did. Do this by stressing the evidence and testimony against the suspect. g. Use the indirect approach when guilt is doubtful or uncertain. Have the suspect give a detailed account. You can compare known facts to his account. Then confront the suspect with his own discrepancies and distortions. Consistently and persistently presenting a suspect with evidence and testimony can cause him or her to correct the discrepancies. The suspect will thereby make a statement that agrees with previously known facts. You must refrain from coercion or leading questions that suggest an expected answer. h. Here is an example that shows when to use the two approaches: Suppose tools were stolen out of a tool room. Only one person had access to the room at that time. The guilt of that person is reasonably certain. You would use a direct approach to determine why the suspect did it. Stress the overwhelming evidence against him. Suppose, however, three people had access to the tool room. All three people are suspects. You would use an indirect approach by having each person tell his story. Refer to the reason(s) why they are suspect. Evaluate their story while they are talking in order to detect discrepancies with known facts (location, amount of tools, or time period). Any hint of inconsistency or discrepancy is your key to further questioning. i. Interrogation methods are based on the certainty of guilt of a suspect. Interrogation techniques are the way in which the questions are MP2003 3-8

phrased. For example, support a suspect who is a first time offender or has committed the offense out of emotion (such as anger, passion, or jealousy). A sympathetic technique is useful. On the other hand, suppose the suspect appears confident in his ability, seems to feel no remorse, or committed an unemotional crime. A technique oriented to logic and reasoning is useful. j. When you use the sympathetic technique you employ several rules. Gain the confidence of the suspect and assist the suspect in "saving face". This is in order to get a description of the crime from its conception to commitment. The questions that you ask should be worded so that they minimize moral implications. Avoid discussions of the punitive outcomes of the crime. If the interrogation seems to bog down, point out that the suspect shows signs of stress that indicated his guilt. While not influencing the contents of the suspect's statement, it will help to encourage a suspect to give an accurate statement. An example might be, "I can understand why you hit that guy" (this helps the accused to save face), as opposed to, "You can get into a lot of trouble for hitting that guy" (this points out the punitive outcome). k. Logic and reasoning seem to help with a suspect who shows no remorse or displays arrogance about the charges against him. Your attitude in confronting this type is to convince him that guilt can be or has been established. Point out the futility of denying guilt. Show the facts that establish his guilt. Refute his alibis and contradictions with firm evidence and testimony. l. There are other techniques to get a suspect or accused person to make a truthful statement. It is your choice which techniques to apply in a given situation. Any technique can be used if it is legal and will not induce an innocent person to confess: Possible techniques to try are: o Claim the victim exaggerated the incident. o Present a hypothetical story. o Play one suspect against another. o "Condemn the victim" (assert that the victim probably contributed to the crime). m. Ending the interrogation is the same as for an interview. Evaluate the information obtained. Clarify with the suspect so there is no misunderstanding in what you heard. Verify any confessions. Compose a statement on DA Form 2823. Preparing and reviewing a sworn statement will be discussed next. PART B - PREPARE AND REVIEW A SWORN STATEMENT 1. General. Written statements are permanent records of pretrial testimony of accused persons, suspects, complainants, and witnesses. Written statements can he 3-9 MP2003


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used in court as evidence. They can serve to remind all involved persons about details of the incident. You must review written statements. Accuracy and completeness determine whether or not it is admissible in court. 2. Document an Interview or Interrogation. a. DA Form 2823, Sworn Statement, is the official document used to record statements made before a trial. Accurate, complete, and legal documentation can be vital evidence to a case. b. It is extremely important to correctly document statements obtained during an interview or interrogation. When legally and accurately completed, it can be vital evidence. DA Form 2323, Sworn Statement, is completed at the end of the interview or interrogation. c. Heading of DA Form 2823. The heading of the sworn statement identifies the person making the statement and the location. Review Figure 3-3 for the following information. The location is where the statement is made. The date is the date the statement is made; not when the incident occurred. The time is when the interviewee signs the sworn statement. It is filled in and initialed when the statement is signed. In the example, the time was 1645 when PFC Spratt signed the statement. You can see that the sample has been typed. The date is typed and the time and individual's initial are handwritten. At times it is necessary to type and record DA Form 2823 after the interviewee has prepared his handwritten statement. Then the typist will type in what was originally initialed. This shows the interviewee was aware of all information contained on the form. d. The file number is the MP report number. The DA Form 3975 for the case will provide this information. The name, Social Security Number (SSN), grade/- status, and organization is of the person making the sworn statement. If he is a civilian or a dependent, the grade/status block would indicate this. Home address or sponsor's unit would be filled in the block requesting organizational data.

Figure 3-3. Completed Heading DA Form 2823.

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e. Body of Statement. After the interview or interrogation has been completed, the results are summarized. This summary is the statement recorded on the DA Form 2823. Notes or an electronic recording of the interview provide the facts. (1) All statements are written in the first person since it is a record of the interviewee's statement. Verbiage and grammar can be changed to make it readable. Quotations that are material to the case must be kept verbatim. (2) There are several ways to present the statement on DA Form 2823. In the narrative method, it is written in the interviewee's own words. This is used with cooperative victims and witnesses. Figure 3-4 is a sample of this. (3) In the question and answer method, specific questions and the interviewee's responses are recorded. This limits the statement to relevant information only. However, it is time consuming and may suppress valuable information. (4) The combination method involves both the narrative and the question and answer methods. The narrative is a recap of the interviewee's story in his/her own words. The questions and answers would fill in any gaps not covered by the narrative. An example is shown in Figure 3-5. Figure 3-5 is a sample of how the last sentence of each statement should read:

Q: "Do you have anything you wish to add concerning the matter under investigation?" A: "No"///End of Statement///

(5) The interviewee mist initial the time at the top of the form as previously stated! He should also initial the bottom of each page on the designated lines. This ensures that he is aware of how many pages were used to take his statement. (6) The statement may not fit on the front and back of one DA Form 2823. Continuation pages can be used. To do so, begin the statement on the front of DA Form 2823. Line out the reverse side with one diagonal line drawn from corner to corner. Do not include the lined out side of the form in the page count. It does not need to be initialed. Use white bond paper for the continuation pages. Each page must have a heading. Give the same information as the heading of DA Form 2823 and display the word "continued." The bottom of each continuation page must show the initials of the person making the statement. It must also cite the page number in relation to total pages. Conclude the statement on the back of a second DA Form 2823 which includes the affidavit. MP2003 3-12

Figure 3-4. DA Form 2823 (Narrative)

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Figure 3-5. DA Form 2823 (Question/Answer).

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Figure 3-6. Sworn Statement.

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f. The affidavit is the last section of the DA Form 2823. It states that the information was given voluntarily and that mistakes on the statement have been corrected. It shows that the number of pages in the statement have been verified. g. Figure 3-6 is a sample of a sworn statement which was continued on a third page. Notice that two DA Forms 2823 were used to complete the statement. Page one is the front side of the DA Form 2823. It contains the beginning of the sworn statement. The back side is lined out. It is not initialed. It is not counted as a page in the total page number. h. The second page is white bond paper which has the same heading information as on the DA Form 2823. It contains the word "continued." At the bottom of this page are the initials of the person making the statement. It also cites the page number 2 of 3 total pages. The end of the sworn statement is on the back of a second DA Form 2823. The back has the affidavit which is completed. It is signed by the interviewer, and the witness. i. Mistakes. When a statement is typed, mistakes are likely to happen. Mistakes must he handled in one of two ways. If a mistake is noticed while the statement is being typed, slash marks are typed over each letter in the mistake. A space is left for the interviewee's initials. This way, the mistake can be seen and it will not cause any doubt when and if the statement is introduced into court. The correct letters or word(s) are then typed after the space. A mistake caught right after typing: o Slash marks are typed over each letter. o A few spaces are left for the interviewee's initials. o The statement continues.

j. A mistake may be found after the statement is completed. The mistake is lined out and the correction is written above the mistake. The mistake must, again, be initialed by the interviewee. Corrections cannot be made with "white-out," correction tape, or by erasing. Mistakes must still be readable. Covering up a mistake makes it look like something is being concealed. k. A mistake caught after the Sworn Statement is completely typed: o A line is drawn through the mistake. o The correct word is printed above the error. o The interviewee initials the correction.

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l. The person being interviewed must initial all corrections. He must acknowledge that the changes made to his statement are correct. Failure to do so may cause problems when the statement is introduced in court. m. Affidavit. Refer to Figure 3-6 for a sample of a completed affidavit section. It is the last section of the DA Form 2823. This is the section in which the interviewee acknowledges that the statement was given freely, that an mistakes have been corrected, and that the number of pages is correct (no pages left out). n. When the interviewee completes his statement, you will administer this oath:

"Do you swear or affirm that the information given by you in this statement is true and correct to the best of your knowledge, so help you God?" o. The interviewee must answer in the affirmative. He then completes the signature. If he objects to the use of the word "God," you can leave out that word from the oath. Note that the authority to administer the oath is Article 136(b)(4), UCMJ. This must be entered on the affidavit. Remember to have the interviewee enter the time in the heading when he signs the affidavit. p. It is your responsibility to review sworn statements. They are official documents of pretrial testimony. Remember that accuracy and completeness determine whether or not the statements are admissible in court. Legal documentation can be vital evidence to a case.

Figure 3-7. Affidavit of DA Form 2823.

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PART C - PREPARE AND REVIEW A RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE 1. General. a. When an accused person or suspect is questioned, or when a witness becomes a suspect, a Rights Warning Procedure/Waiver Certificate must be prepared. Every Sworn Statement, DA Form 2823, for an accused or suspected person must be accompanied by a DA Form 3881. This form provides positive proof that a subject or suspect has been advised of his legal rights. It also proves whether or not he waives those rights. DA Form 3881 includes the Rights Warning Procedure and the Waiver Certificate (see Figure 3-8). b. The rights warning is printed on DA Form 3881, Rights Warning Procedure/Warning Certificate. The DA Form 3881 contains a section for the interviewee to read. It also has a section for him to waive (or not waive) his rights. The procedures and special instructions needed to warn the suspect of his rights are on the back. The suspect/accused may have made incriminating statements or was questioned concerning the crime before being advised of his rights. You must tell him the statement cannot be used against him. Those statements do not obligate him to answer further questions. 2. Completing the Form. a. Heading. This section is similar in its content to the sworn statement, DA Form 2823. In the Rights Warning Procedure/Waive Certificate, you will fill in the location where the rights are read, the date the rights are read, and the MPR number. The suspect should enter the time and initial it. Data on the suspect/accused is filled in the appropriate blocks. The grade/status block indicate rank, not pay grade (for example, PV2 and not E2). b. Rights Section. The interviewer fills in the lines in Section A, initiation of DA Form 3881 begins when you state your official position and that the person being interviewed is now suspected or accused of a particular offense. Two entries are made in Section A, the Rights Section. The first states the official position and office you represent. For example, it may state "Provost Marshal's Office as an MP investigator." Or it may state "Criminal Investigation Commander as a special agent." (1) The second entry cites the offense the person is suspected of at the time of questioning. Phrases like "Larceny of a wallet from SPC Johnson," or "writing bad checks" are used. It is not needed or desired that the UCMJ article be entered. Several related offenses may occur in one incident. Only the most serious offense is listed. For example, advisement for attempted murder may be more proper than aggravated assault in a case where an assault rendered great bodily harm. Aggravated assault is understood to be the lesser included offense. Note that the term "lesser included offense" refers to any offense not listed. You may want to consult the local staff judge advocate (SJA) on the proper offense to cite. (2) There may be more than one unrelated offense. List the most serious offenses. For instance, a subject is caught stealing a wallet. The MP2003 3-18

victim confronts the subject. The subject kicks the victim. The MPs arrive at the scene. The subject threatens the victim and the MPs that he will do more than injure them if he is arrested. The subject could be charged for larceny of private property, aggravated assault, and simple assault. The proper listing of offenses on DA Form 3881 would be larceny and aggravated assault. Simple assault is considered a lesser included offense. (3) After the last offense, insert three slashes to show the end of the offenses. Example: Larceny/// c. Comments. The comment section is used to document any events or remarks that might bear on the case. This includes the subject orally waiving his rights and refusing to sign the form or if the form cannot be completed immediately. Figure 3-8 shows an example of comments made by the suspect/subject. CPT Simpson states that he understands his rights and is willing to talk about the charges. However, CPT Simpson refuses to sign the waiver certificate. The waiver/nonwaiver section is the last section of the Waiver Certificate. There are three ways to complete the section based on the three choices a suspect has. These are shown in Figure 3-9. (1) The suspect consents to the interrogation without a lawyer. The suspect signs the waiver section first, followed by the interrogator, and finally a witness signs the section. (2) The suspect does not wish to be questioned; or the suspect wants to talk to his lawyer first. The suspect checks which reason(s) applies in the nonwaiver section, and signs the nonwaiver. (3) The suspect refuses to sign the certificate, but does agree to waive his rights. You must note that the suspect understands his rights, and does not want a lawyer. Also note that he wants to discuss the offense(s) or make an oral statement, and refuses to sign the waive certificate. This data is documented in the comment section, as shown in Figure 3-8. Once the waiver certificate has been completed, you have proof as to the choice the suspect/accused made. The DA Form 3881 must be prepared before any questions are asked of the suspect/subject. The rights warning procedure is listed on the back of the DA Form 3881. Figure 3-10 is an example of this section. It is divided into three sections described below. d. The Warning. The warning is read out loud, word for word, to the suspect. This is done by the investigator or apprehending MPs. The suspect reads the same warning to himself from Section A, the front of the DA Form 3881. 3-19 MP2003


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NOTE: The investigator or MP must make sure the suspect fully understands his rights. e. The Waiver. The questions listed are asked the suspect by the investigator. Instructions are given on the correct procedure to follow according to his answers.

For instance, you would ask: "Do you understand your rights?" If the suspect answers "Yes," ask him the next question: "Do you want a lawyer at this time?" If the suspect answers "No," special instructions are spelled out. See the middle section in Figure 3-10.

f. Special Instructions. These instructions must be followed carefully. This is critical when the subject's statements are used in court. 3. In Summary. a. Whether or not the interrogation can continue depends on how the waiver certificate was completed. An interrogation can continue if the suspect or accused person signs the waiver, or if he orally waives his rights but refuses to sign the waiver. If the suspect/accused is not willing to talk, and signs the nonwaiver section, stop the interview or wait for a lawyer, depending on the circumstances. Remember that a suspect not in custody can leave at any time and will probably do so if he does not want to cooperate. b. The DA Form 3881 contains the procedure to warn a suspect of his rights. You need to read the rights warning word-for-word from the back of Form 3881 while the suspect reads the front. Ensure that the suspect acknowledges that he understands his rights. You are then ready to fill out the Waiver Certificate. Once a Waiver Certificate has been executed, you then have proof that the suspect either gave up his rights to a lawyer, to keep silent, or did not waive his rights (wants a lawyer and/or does not want to talk). c. The DA Form 3881 is attached to any sworn statement completed by the suspect/subject. In reviewing these MP forms, it is important that all required date is recorded. Sworn statements and rights warning certificates become permanent records of pretrial testimony. They may be used in court as evidence attesting to what was told to the investigator. d. As the MP operations officer, it is important that your personnel are: properly trained. MPs must obtain and record information lawfully to allow its use as judicial, nonjudicial, or administrative proceedings. 3-21 MP2003

e. A witness, suspect, subject, accused person, or victim cannot be mistreated or coerced. Information received pertaining to a different offense must be referred to the proper person or agency. f. Your ability to prepare and review sworn statements and rights warning certificates is critical to identifying offenders, establishing the elements of proof, and presenting these statements as legal evidence of pretrial testimony. MP2003 3-22

Figure 3-9. Waiver Sections of DA Form 3881.

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LESSON 3

PRACTICE EXERCISE The following items will test your grasp of the material covered in this lesson. There is only one correct answer for each item. When you complete the exercise, check your answer with the answer key that follows. If you answer any item incorrectly study again that part of the lesson which contains the portion involved. Situation: CPL Danielson has been accused of driving his Volkswagen, while drunk, into the side of a parked car. According to two witnesses, Danielson reportedly ran from the accident. Two hours after the incident, CPL Danielson reported that his Volkswagen had been stolen. 1. What is the status of CPL Danielson to this case at the initial questioning? A. Victim; his POV was stolen. B. Witness; he saw the incident. C. Suspect; he is accused of drunk driving. D. Interviewee; he has an admission to make. 2. One of the witnesses, PFC Andrews, had called in soon after the accident occurred. Which of the following questions would be the most appropriate to start the interview? A. "Describe the person driving the car." B. "Have you ever been in an accident before?" C. "Do you understand your rights?" D. "Did you have anything to drink that day?" 3. What type of information is the investigator most interested in getting from the suspect? A. Unexpected answers. B. Information on the suspect's alibi. C. Positive responses to leading questions. D. The suspect's description of the incident. 4. What is the best location to talk with CPL Danielson? A. Suspect's barracks. B. Suspect's workplace. C. Your office. D. In an interrogation room. 3-25 MP2003

5. After the introduction by the investigator, which of the following statements would be most appropriate to start the talk with PFC Krug, the second witness? A. "Did you see CPL Danielson driving the car?" B. "Tell me what you saw, in your own words." C. "Are you sure you saw this incident?" D. "So what makes you think that CPL Danielson was drunk?" 6. You have PFC Krug come in to talk with the investigator. He does not seem willing to talk about the incident. Which of the following approaches would be used? A. Direct. B. Indirect. C. Sympathetic. D. Logic and reasoning. 7. During the talk with PFC Krug, Krug admits that both he and Andrews were walking on the same side of the street as the parked car. PFC Andrews had said they were standing on the corner across the street. This is the first time that a discrepancy has occurred. Which of the following statements is the best response to Krug's statement? A. "That is not what Andrews told me. Do you know you have the right to remain silent?" B. "Andrews said something different. Let me tell you what he said." C. "You were on the south side of the street, next to the car, correct?" D. "Are you on drugs? Andrews said you were on the corner across the street." 8. The investigator has called in CPL Danielson to the MP station. After the investigator finished introducing himself, but before Danielson sees a DA Form 3881, he starts talking about the incident. What should the investigator do? A. Have him sign a DA Form 3881, Waiver Certificate. B. Start filling out a DA Form 2823, Sworn Statement. C. Let him finish and call the local staff judge advocate. D. Stop him when he pauses and inform him of his rights. 9. CPL Danielson is presented with a DA Form 3881, Waiver Certificate. Danielson says he does not need a lawyer and says he wants to talk freely. He says he will sign any forms. What should the investigator do? A. Have him sign the waiver and continue the inquiry. B. Have him sign the nonwaiver and continue the inquiry. C. Have him sign the waiver and call a lawyer (just in case). D. Have him sign the nonwaiver and note that he is willing to talk. MP2003 3-26

10. The investigator is preparing a DA Form 2823, Sworn Statement, with CPL Danielson. Danielson still insists that his car was stolen and claims he has witnesses that knew he was home that day. Which of the following methods would be used to document the statement? A. Indirect. B. Direct. C. Combination. D. Question and answer. General Situation You are assigned as the provost marshal operations officer. At 1445 hours, the desk sergeant informs you that the post exchange manager phoned in a complaint. He caught a soldier stealing from the warehouse facility and requested an MP patrol unit. At 1515 hours, MPs Stone and Carr returned with PV2 Orville French for questioning. MP Renning was assigned to interview French. At 1715 hours, Renning submitted French's statement for your review and approval. 11. How will you confirm that the file number is correct? A. Obtain verification from the desk sergeant. B. Check it against the MPR number. C. DA Form 2823 have reprinted file numbers. D. Verify it with the DA Form 2823 Log Book. 12. When you review the "Time" block, what event are you verifying? A. The time the offense occurred. B. The time French was apprehended. C. The time Renning began the interview. D. The time French signed the sworn statement. 13. How will you know the process of apprehending and questioning French was in legal order? A. DA Form 3881 will accompany DA Form 2823. B. DA Form 3875 will be attached. C. Witness signatures confirm that. D. DA Form 2823 will be in the narrative format and the DA Form 3881 will show the

UCSI code. 3-27 MP2003

LESSON 3

PRACTICE EXERCISE

Answer Key and Feedback INTRODUCTION This section contains the answers for the preceding practice exercise. It is recommended that you check your answers against the scoring guide. Item Correct Answer and Feedback 1. C. Suspect; he is accused of drunk driving. Suspect: A person for whom probable cause...(page 3-1, Intro). 2. A. Describe the person driving the car. One key to a successful interview (page 3-3, para 1g). 3. D. The suspect's description of the incident. The goal is to have the interviewee...(page 3-3, para 1g). 4. D. In an interrogation room. You should talk with suspects...(page 3-3, para 2c). 5. B. Tell me what you saw in your own words. The goal is to have the interviewee...(page 3-3, para 1g). 6. A. Direct. If a victim or witness is not ready...(page 3-6, para 5e). 7. C. You were on the south side of the street... Discrepancy between what a...(page 3-6, para 5h). 8. D. Stop him when he pauses and advise him of his rights. When interrogating a suspect...(page 3-7, para 6b). 9. A. Have him sign the waiver and continue the inquiry. The DA Form contains the...(page 3-21, para 3b). 10. C. Combination. The combination method...(page 3-12, para 2e(4)). 11. B. Check it against the MPR number. The file number is the...(page 3-11, para 2d). 12. D. The time French signed the sworn statement. The time is when the interviewee...(page 3-11, para 2c). 13. A. DA Form 3881 will accompany DA Form 2823. Every Sworn Statement, DA Form 2823...(page 3-18, para la). MP2003 3-28

LESSON 4

SERIOUS INCIDENT REPORTS (SIR) LAW ENFORCEMENT AND DISCIPLINE REPORTS,

AND COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION


OVERVIEW LESSON DESCRIPTION: In this lesson you learn to prepare and review DD Form 173/1, DA Form 4833, and DA Form 2819. TERMINAL LEARNING OBJECTIVE: ACTION: Prepare and review DD Form 173/1, Joint Message Form; DA Form 4833,

Commander's Report of Disciplinary or Administrative Action; and DA Form 2819, Law Enforcement and Disciplinary Report.

CONDITION: You have the Law Enforcement and Discipline Form, DA Form 4833 (Commander's

Report) and applicable regulations. STANDARDS: Demonstrate your comprehension of task knowledge by correctly answering 70


AR 190-40 AR 190-45, FM 19-10.

INTRODUCTION DD Form 173/1 is the joint message form for Serious Incident Report (SIR). The form is used for both criminal and noncriminal incidents. A serious incident is any event that must be reported quickly because of the nature and gravity of the incident, the publicity generated, or the potential consequences. The rank or position of involved personnel will not interfere with reporting SIRs. There are three types of SIRS. The first type is simply called an SIR. This is the original submission of a serious incident. An Add-on is the second type. This is submitted when more pertinent data is developed on an SIR. The Add-on may also be used in response to a request for more information from Headquarters of the DA (HQDA). A Correction is the third type of SIR. It is submitted at any time to correct an error in a previous report. Detailed 4-1 MP2003

instructions for preparing the three types of SIRs are included at the end of this lesson. PART A - SERIOUS INCIDENT REPORT 1. Notification Requirements. a. There are three categories of serious incidents reported by the Joint Message form. Each of these and their notification requirements is described below. (1) Category 1. These are serious incidents which, in the opinion of the commander, are of immediate concern to the Department of the Army (DA). Incidents in this category include: o Terrorist attacks. o Explosions. o On and off-post riots. Notification of a Category 1 incident involves an immediate telephone call to the Army Operations Center (AOC) at 851-1800. Give a brief accounting of the event and a follow-up electronic message within 12 hours to HQDA (DAMO-ODL). (2) Category 2. An incident in this category is of serious concern to DA and requires timely notice. It is slightly less serious than Category 1. Incidents in Category 2 include; o Murder. o Major fires where people have been killed or injured. o Sales or trafficking of narcotic sales greater than $500. o Theft of firearms or ammunition. o Trainee maltreatment. Notify HQDA of a Category 2 serious incident by electronic message (SIR) within 24 hours of the incident. A telephone call is not necessary. (3) Category 3. These incidents are a concern to the DA and are not as time-sensitive as Categories 1 and 2. Category 3 serious incidents include: o Major fires without loss of life. o Theft greater than $500 but less than $5,000. MP2003 4-2

b. Category 3 is less serious than Category 1 or 2. There is more flexibility in the reporting time and procedures. Category 3 has two options for notifying DA. The first option is to send HQDA a letter in message format (SIR) within three days. The second option is to send an electronic message (SIR) within seven days. c. The categories of serious incidents include many events. However, not all serious incidents are reported by SIRs. These incidents are reported through other channels and include nuclear reactor mishaps, incidents involving foreign students, and civil authority request for military support during civil disturbances. 2. Format of SIR. a. DD Form 173/1 for an SIR has a specific format which calls for a complete picture of the incident. Refer to Figures 4-1 to 4-4, a sample DD Form 173/1 for an SIR. b. Subject. The subject is the SIR number. The SIR number is a six-digit number assigned by the reporting command or activity. The first two digits are the last two digits of the calendar year of the report. For example, an SIR reported in 1987 would have 87 as the first two digits of the Report Number. The last four digits are the sequential numbers assigned for the calendar year. In our sample SIR, the Report Number is the 324th report in 19XX. c. In Figure 4-1, the word "Surname" is typed in after the report number. The word "Surname" is used for incidents which involve a commissioned or warrant officer, or a civilian GS-7 or above, as suspect or subject. "Surname" is also used for incidents which are so sensitive they justify selective distribution. d. Information is reported on numbered lines in the body of the message. The line numbers and the information contained in each is as follows: (1) Number 1 - Category of Incident. Category 1, 2, or 3 is listed. What is the Category Number in Figure 4-1? (2) Number 2 - This is the type of incident and the Offense Code. The list of Offense Codes used by the Army is in Table 4-2 of AR 190-45. This is the same Offense Code which is used on DA Form 3975, Block 7. An extract of AR 190-45 can be found at the end of this subcourse. e. Codes will not be used to determine if a serious incident is to be reported. If multiple incidents are reported, list them in the order of seriousness. Note the Offense Code in parentheses after each offense. For instance, look at Line 2 of the sample SIR in Figure 4-1. Check the Offense Code shown against the extract from AR 190-45, Appendix D (D15-D19). Is the Offense Code correct? No, the proper code is 5L4C. 4-3 MP2003

Figure 4-1. Serious Incident Report (SIR).

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Figure 4-2. SIR (Continued).

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f. Number 3 - Date and time of incident. Indicate the date/time group in which the incident occurred. CONUS reports should indicate the time zone - Eastern, Central, Mountain, or Pacific. For instance, Line 3 of the message states: DATE/TIME OF INCIDENT: 162300 Mar XX Est. This means the incident occurred at 2300 hours Eastern Standard Time on 16 Mar XX. g. Number 4 - Location. The exact location is reported. This includes the structure, facility, area, address, and locale. Line 4 in our sample SIR shows the location to be the subject's off-post residence in Columbia, South Carolina. h. Number 5 - Other Information. Indicate in all SIRs whether incident was racial or involved trainee maltreatment. i. Number 6 - Personnel Involved. Include all data about the subject and the victim. If the subject and/or victim has not been identified, you must state "unknown" on the form. Include the following information on each person: (1) Subject. (a) Name (last, first, middle).

o Pay grade. o Social security number (SSN). o Race, ethnic group. o Sex. o Age. o Position (duty assignment or civilian position). o Security clearance. o Unit and station of assignment. o Duty status if military.

(b) List multiple subjects in order with the above date for each. (2) Victim. (a) Name (last, first, middle).

o Position. o SSN. o Sex. o Race, ethnic group. o Age.

(b) Multiple victims are listed in order with the above data on each victim. MP2003 4-8

In Figure 4-1, the subject is CW2 Barkey. Because of his rank, the report is marked "Surname" (c) Number 7 - Summary of Incident. This is a narrative summary of the incident. In the summary is the dollar value of property lost, damaged, stolen, or destroyed. The degree of access to classified information should be noted in the summary. The action taken to suspend or remove the security clearance of persons involved in an SIR is included here. See Figure 4-3 where subject Barkey's security clearance was suspended. The MP Report Number and CID Report of Investigation Number (ROI) are included in the summary. In Figure 4-4, the CID ROI Number is 12345. Also, included in the summary are the results of preliminary investigative action and/or corrective action taken. (d) Number 8 - Remarks. This section includes all comments that do not fit into other subject areas. It also provides data about racial incidents. Notice the example in Figure 4-4. Use it to confirm a telephone report. (e) Number 9 - Publicity. This indicates the degree of news media coverage occurring or anticipated. The sender of the sample SIR anticipates local and national coverage. (f) Number 10 - Commander Reporting. The name of the commander; refer to Figure 29 for an example of the format. (g) Number 11 - Downgrading Instructions. For a classified report, indicate downgrading instructions or the removal data of FOUO (For Official Use Only) markings. 3. Distribution Joint messages for SIRs require special handling. They are assigned proper security classification or marked FOUO. Release of these reports, or the information on them, is strictly regulated. This completes the discussion of DD Form 173/1 for Serious Incident Reports. PART B - DA FORM 4833, COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION 1. General. The PMO sends DA Form 4833 with the MP report to the subject's commander when action is required. These forms are not sent to commanders when offenders are civilian personnel or military dependents. The commander will indicate the disciplinary and/or administrative action taken. The form is then returned to the PM. 4-9 MP2003

2. Completing the Form. a. Figure 4-5 is a sample of DA Form 4833. Refer to it as we review correct completion procedures. b. Suspense Date. The first block is the suspense date. It follows the six-digit (year/month/day) format. The suspense file (usually 30 days) is given the subject's commander by the operations officer or NCO. The company commander must complete and return this report to the PMO by this date. Interim reports (telephonic or written) will be provided to the PM if final action cannot be completed by the suspense date. One of your reports concerns a 19-year-old dependent son involved in an assault. What would we do with the DA Form 4833? (1) DA Form 4833 is not forwarded to commanders on civilians or family members. (2) Complete DA Form 4833 and forward it to the father's unit commander for proper action. Answer: "(1)" is correct. A military dependent is involved. c. Address Block. These must be filled out in the proper format. Because the DA Form 4833 must be returned to the PMO, the form is addressed "THRU" the commander of the subject's next higher headquarters, "TO" the provost marshal office, "FROM" the subject's unit commander. Always include the zip code. d. Below the address blocks is a section for the USACRC control number, the MPR number, and the subinstallation identifier. The CRC and MPR numbers are on the DA Form 3975. The subinstallation identifier is used only if applicable. Subject information and offenses requiring commander's action can be obtained from the MPR to which this report pertains. In Figure 4-5, SPC Taylor was the subject of a larceny on 19 January. Can you find the error on the Sample DA Form 4833? In reviewing this form, you will see the offense that SPC Taylor was charged with is larceny (Article 121, UCMJ). Was it larceny of private or government property? The charge of larceny must be completely stated. When you are reviewing MP forms, make sure the data is complete and appropriate to the incident. e. The remainder of the DA Form 4833 will be completed by the unit commander. He/she will indicate the disciplinary or administrative action taken, complete the signature block, and sign and date (day/month/ year format) the report. MP2003 4-10

f. The format for completion of DA Form 4833 may vary to serve local needs. All administrative, judicial and/or nonjudicial action taken as a result of the offense must be recorded. The PM should ensure that unit commanders do this. For civilian jurisdiction offenses, court dates may not occur for several months. In this instance, the PM court liaison is the most likely person for case follow-up and documentation. 3. Distribution. DA Form 4833 is completed in four copies. One copy is placed in the PM suspense file. The three remaining copies are sent to the commander concerned. After the commander's action is completed, one copy is retained by the commander. The two remaining copies are returned to the PMO. The suspense file copy is then destroyed and replaced with a completed copy. The original is sent to the U.S. Army Crime Records Center. PART C - DA FORM 2819 LAW ENFORCEMENT AND DISCIPLINE REPORT (RCS: CSGPA-1353) 1. General. a. DA Form 2819 is the base document for Army crime data. (See Figure 4-6) for a sample of a completed DA Form 2819.) Use of this form by MACOMs and installations will standardize statistical data records and reports throughout the Army. b. Reporting agencies will submit DA Form 2819 quarterly, not later than 30 days following the FY quarter, to the Commander, U.S. Army Military Police Operations Agency (USAMPOA), ATTN: MOMP-0, 5611 Columbia Pike, Falls Church, Virginia 22041-5014. USAMPOA will serve as the action officer for crime data compiled and released by ODCSOPS (DAMO-ODL). 2. Reporting Agencies. Except as specified below, a consolidated DA Form 2819 will be submitted to HQDA (DAMO-ODL) by each MACOM, based on reports received from subordinate installations. o CONUS installations will report all founded offenses within their "supporting" jurisdiction as

defined by AR 5-9. Reports will include offenses at RC centers involving USAR or ARNGUS personnel on federal duty status under 10 USC or when the U.S. Government is the victim.

o OCONUS installations will report all founded offenses within their geographical area of

responsibility as defined in applicable MACOM regulations. o Founded offenses pertaining to hospitals, medical centers, and other tenant units and

activities will be included in the DA Form 2819 submitted by the installation provost marshal. This applies to CONUS and OCONUS installations.

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o Crime data for Alaska will be submitted to U.S. Forces Command (FORSCOM) and consolidated in the FORSCOM DA Form 2819. At HQDA, data for Alaska will be included in the CONUS total.

o The United States Military Academy (USMA) will submit the DA Form 2819 directly to

USAMPOA. o USACIDC will not prepare or submit a DA Form 2819, but will ensure that subordinate field

agencies provide all reportable data to the support installation provost marshal. 3. Instructions for Completing DA Form 2819 a. General. To avoid duplication of reporting, entries will be made by the reporting agency that initially received the complaint or initiated police action. An offense will be reported during the period in which the complaint was received or police action was initiated. Once reported, an offense will not be reported a second time, even as a corrected entry. All "attempts" at offenses listed in sections B, C, D, E, and F, DA Form 2819, will be counted as though the offenses were actually committed, except that attempted murder will be counted as an aggravated assault. A founded offense is an offense adequately substantiated by police investigation as a violation of the UCMJ, the U.S. code, state and local codes, foreign law, international law or treaty, regulation, or other competent policy. Determination that an offense is founded is a law enforcement decision based on probable cause supported by corroborating evidence and is not dependent on final adjudication. Report only founded offenses on DA Form 2819. A violation of Federal, State, or local law will be reported as a violation of the most closely related article of the UCMJ. Counting offenses with multiple offenders. Sections B, C, D, E, and F contain specific instructions for accurate reporting offenses with multiple offenders within the respective section. Counting multiple offenses. Only the most serious offense evolving from an incident or event will be listed in sections B through F. For example, if a person approaches a man sitting in an" automobile and robs and kills him, and drives away in the victim's car, then murder, robbery, and auto theft have been committed. All three crimes evolved from one incident, and the murder, being the most serious, would be the only offense reported. If, however, the perpetrator in this case commits a burglary several hours later, the burglary would be a separate incident and would be reported accordingly. b. Completion instructions (by item, line number, or column): 4-13 MP2003

(1) PERIOD. Period of the report is the first day of the quarter through the last day of the quarter. Reports will be prepared as of the last day of the quarter and forwarded to HQDA (DAMO-ODL) not later than 30 calendar days after the end of the reporting period. An example would be as follows: “Period 1st QTR, FY 97, 1 Oct 96 through 31 Dec 96.” In this example, the 1st Qtr. FY 97, report would be due to HQDA (DAMO-ODL) on 30 Jan 97. (2) TO. Installation provost marshals will forward reports to the MACOM. MACOM provost marshals will forward consolidated reports to the Commander, U.S. Army Military Police Operations Agency, ATTN: MOMP-O, 5611 Columbia Pike, Falls Church, VA 22041-5014. (3) FROM. Self-explanatory. (4) SECTION A -- STRENGTH. This section is for optional use by MACOMs and installations. HQDA (DAMO-ODL) will obtain strength data for the crime rate per 1,000 from HQDA. (5) SECTION B - CRIMES AGAINST PERSONS. Counting offenses with multiple offenders. Crimes against persons (lines 1 through 5), except robbery (line 2) will be counted as one offense for each victim, regardless of the number of offenders. Robbery will be counted as one offense for each separate incident, regardless of the number of offenders or victims.

Line 1. Enter incidents of murder (offense codes 5H1A -- 5H1P). Line 2. Enter incidents of robber (offense codes 5N1 -- 5N3E2). Line 3. Enter aggravated assaults (offense codes 5C1A -- 5C1P and 5H7). Line 4. Enter all simple assaults (offense codes 5C2 -- 5D). Line 5. Enter all other crimes against persons, except drug offenses.

(6) SECTION C - DRUG CRIMES. Counting offenses with multiple offenders. Drug crimes (lines 6 through 12) will be counted by reporting one offense for each incident, regardless of the number of offenders.

Line 6. Enter incidents of use or possession of a narcotic (offense codes 5L1C, 5L1D, 5L6C, and 5L6D).

Line 7. Enter cases of use or possession of a dangerous drug (offense codes 5L3C,

5L3D, 5L4C, and 5L4D). Line 8. Enter incidents of use or possession of marijuana (offense codes 5L2C and

5L2D). Line 9. Enter incidents of sale or distribution of a narcotic (offense code 5L1B).

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Line 10. Enter offenses involving sale or distribution of dangerous drug (offense codes 5L3B and 5L4B).

Line 11. Enter incidents of sale or distribution of marijuana (offense code 5L2B). Line 12. Enter all other drug crimes on line 12.

(7) SECTION D - SEX CRIMES. Counting offenses with multiple offenders. Sex crimes (lines 13 and 14) will be counted as one offense for each victim, regardless of the number of offenders.

Line 13. Enter all rapes (offense codes 6E1A -- 6E1G). Line 14. Enter all other sex crimes.

(8) SECTION E - CRIMES AGAINST PROPERTY. Counting offenses with multiple offenders. Crimes against property (lines 15 through 19) will be counted as one offense for each separate incident, regardless of the number of offenders or victims.

Line 15. Enter incidents of burglary/housebreaking (offense codes 7C1A -- 7C2X). Line 16. Enter all incidents of larceny (offense codes 7F1A1 -- 7F2G, 7F5A1 -- 7F5F,

7F8A1 -- 7F8C3, 7F9D1 -- 7F9F5, 7F9G4 -- 7F9G5, 7F9H4 -- 7F9H5, 7F9J4 -- 7F9J5, 7F1A1 -- 7G2C, and 7G4A - 7H1), except auto theft.

Line 17. Enter Incidents of auto theft (offense codes 7F9A through 7F9C, 7F9G1 --

7F9G3, 7F9G6 -- 7F9H3, 7F9H6 -- 7F9J3, 7F9J6, 7G3A, and 7G3E). Line 18. Enter cases of arson (offense codes 7A1A -- 7A2E). Line 19. Enter all other crimes against property.

(9) SECTION F - FRAUD CRIMES. Counting offenses with multiple offenders. Fraud crimes (lines 20 through 22) will be counted as one offense for each separate incident, regardless of the number of offenders or victims (See Figure 4-7).

Line 20. Enter offenses involving conflict of interest (offense codes 8B1 through 8B5). Line 21. Enter incidents of procurement fraud (offense codes 8G1 -- 8H2 and 8A3). Line 22. Enter all other fraud crimes.

(10) SECTION G - OTHER OFFENSES. 4-15 MP2003

Lines 23 and 24. Reserved for HQDA (DAMO-ODL) use. Lines 25 through 27. For optional use by MACOMs and installations.

(11) SECTION H - TRAFFIC LAW ENFORCEMENT.

Line 28. Enter all drunk driving offenses (offense code 5Q2). Line 29. Enter the number of on-post driving privileges suspended or revoked for

drunken driving. Overseas agencies should enter all command-wide driving privileges suspended or revoked for drunken driving or other alcohol or drug-related traffic offenses. (See AR 190-5 for guidance concerning suspension or revocation of driving privileges for alcohol or drug-related offenses.) To avoid double counting, if a suspension results in a later revocation for the same offense, do not report the action a second time.

Line 30. Enter all other alcohol or drug-related traffic offenses. Lines 31 through 36. For optional use by MACOMs and installations. Lines 37 through 38. Reserved for HQDA (DAMO-ODL) use.

Column a. Type of offense. Self-explanatory. Column b. Army subjects on post. Enter all founded offenses occurring on post in

which a member of the U.S. Army is identified as the subject. (Throughout this instruction, the U.S. Army includes USAR and ARNGUS in a 10 USC Federal duty status. Member of the RC not in a 10 USC Federal duty status will be reported as civilian).

Column c. Other subjects off post. Enter all reported founded offenses (offenses

reported to the provost marshal) occurring off post in which a member of the U.S. Army is identified as the subject.

Column d. Army subjects on post. Enter all on post founded offenses in which the

known subject is not a member of the U.S. Army. Column e. Other subjects off post. Enter all reported off post founded offenses of Army

interest in which the subject is known but not a member of the U.S. Army. "Army interest" means the victim is a member of the U.S. Army (applicable to offenses on lines 1, 2, 3, 4, 5, 13, and

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14 only), or the victim is the U.S. Government (for offenses on lines 15 through 22 only).

Column f. Subjects unknown on post. Enter all founded offenses occurring on post in

which the subject is unknown. Column g. Subjects unknown off post. Enter all reported off post founded offenses of

Army interest in which the subject is unknown. Column identified offenders. A person identified and reported by law enforcement officials as the person who committed an offense. Determination that a person committed an offense is based on probable cause supported by corroborating evidence. On the DA Form 2819, the identified offender section is divided into two categories, "U.S. ARMY PERSONNEL" and "OTHERS." U.S. Army personnel. Further divided into columns for reporting Army offenders by race, as follows:

Column h. R--Red (American Indian). Column i. M--Yellow (Asian/Mongoloid). Column j. N--Black (Negroid or African). Column k. C--White (Caucasoid). Column l. H--Hispanic (Caucasoid or Negroid). Column m. X--All others.

Others. Further divided into columns for reporting other offenders by status, as indicated below:

Column n. Army FM. "ARMY FM" (Army family member). Anyone qualifying for dependency benefits by Army regulations. Army family members who are also employed as DA civilians will be reported as "ARMY FM" as long as dependency status is in effect.

Column o. DAC. "DAC" (DA civilian). DA civilian employees. Column p. Other svc. "OTHER SVC" (other services). Members of other U.S. military

services. Column q. Others. "OTHERS." All other personnel. Column r. Alcohol involvement. Determination of alcohol involvement will be based

on statements of witnesses, police observation, field sobriety tests, breathalyzer

4-17 MP2003

examinations, or tests of body fluids. Alcohol involvement refers only to subjects, not victims.

c. Remarks and Analysis Continuation Sheet. (1) Remarks and analyses will be prepared on bond paper and attached as a continuation sheet to the DA Form 2819. When necessary to clarify an entry on the DA Form 2819, the clarifying information, properly referenced by line number, will be included on the remarks and analysis continuation sheet. (2) A factual analysis of data reported on the DA Form 2819 will be presented on the continuation sheet when-- o The quarterly report reflects a major increase or decrease (30 percent deviation from

the previous report) in the number of founded offenses being reported. o Changes in numbers of offenses, identified offenders, or types of involvement are

sufficiently significant to provoke questions or to require explanation at higher levels. MP2003 4-18

Figure 4-6. DA Form 2819 (Front).

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DA Form 2819 1st Quarter, FY97

Remarks and Analysis

Line 3. Aggravated Assault. Of the seven founded offenses of aggravated assault involving Army subjects, two were spouse abuse and two were child abuse. Line 15. Burglary/housebreaking. The number of burglaries for the 1st quarter, FY97 are up significantly (50 percent) from the 1st quarter, FY96. This is also the third consecutive quarterly increase for this offense. We have targeted burglary/housebreaking for a crime prevention campaign (Neighborhood Watch and Operation ID) which should result in a reversal of the upward trend. Line 17. Auto theft. The two incidents involved "ARMY SUBJECTS ON POST" pertain to one auto that was stolen twice--once from the rightful owner and once from the individual who stole the car from the owner. This was properly counted as two incidents. 4-21 MP2003

LESSON 4

PRACTICE EXERCISE The following items will test your grasp of the material you covered in this lesson. There is only one correct answer for each item. When you complete the exercise, check your answer with the answer key that follows. If you answer any item incorrectly, study again the part of this lesson which contains the portion involved. 1. A serious incident occurred on post involving SSG GRIER and 1LT TRILLE. You know it has to be reported to HQDA. What determines the notification requirements. A. The subject involves an E7 or higher. B. All SIRs must be sent within 24 hours. C. The category of the incident. D. The word "Surname" is used in the subject title. 2. The incident was referred to CID. Where will you find the CID number listed in the SIR? A. CID numbers are not included on SIRs. B. In the summary of the incident. C. In the remarks section. D. The subject title is the CID number and the subject's name. 3. SSG GRIER is a black male. 1LT TRILLE is a Mexican-American female. What data will be included on line number 5 for racial information? A. #1 - m/Neg. B. #2 - f/M-A. C. Incident racial or trainee maltreatment. D. #1 - m/N #2 - F/C E. Use the Racial Ethnic Code in accordance with AR 190-45. 4. You are reviewing a DA Form 4833 on an assault subject. Which format will you verify on the MPR number?

A. 86-MPC111-3984B. B. 533-47-7882DF. C. 12736-XX-MPCXXX. D. 861125-10267.

MP2003 4-22

5. How will you instruct your operations NCO to complete the address block on DA Form 4833, Commander's Report of Disciplinary or Administrative Action?

A. THRU: Installation Commander. TO: Provost Marshal Office. FROM: Subject's Unit Commander. B. THRU: Commander of Subject's Next Higher Headquarters. TO: Subject's Company Commander. FROM: Provost Marshal Office. C. THRU: Subject's Company Commander. TO: Commander of Subject's Next Higher Headquarters. FROM: Provost Marshal Office. D. THRU: Commander of Subject's Next Higher Headquarters. TO: Provost Marshal Office. FROM: Subject's Unit Commander.

6. Your operations NCO has two copies of a completed DA Form 4833 from the commander concerned. He questions you as to the final disposition of the form. Which of the following actions would you inform him to take? A. One copy for file, the original to CRC. B. One copy for file copy. C. One copy for file, one to installation commander. D. One copy for suspense file, one copy to file. 7. Select the correct way to document on DA Form 2819, an aggravated assault which occurred while a larceny was taking place, but which ended in a murder? A. Murder, founded offense. B. Murder and aggravated assault, founded offenses. C. Larceny and murder, founded offenses. D. Larceny, founded offense. 4-23 MP2003

LESSON 4

PRACTICE EXERCISE

Answer Key and Feedback Item Correct Answer and Feedback 1. C. The category of the incident. There are three categories... (page 4-2, para la). 2. B. In the summary of the incident. The MP Report Number and CID Report of... (page 4-9, para 2i(2)(c)). 3. C. Incident racial or trainee maltreatment. Number 5... (page 4-8, para 2h). 4. C. 12736-XX-MPCXXX. (page 4-12, Figure 4-5, MPR#). 5. D. THRU: Commander of Subject's... These must be filled out in... (page 4-10, para 2c). 6. A. One copy for file, the original to CRC. DA Form 4833 is completed... (page 4-11, para 3). 7. A. Murder, founded offense. A founded offense is an offense... (page 4-13, para 3a). MP2003 4-24

LESSON 5

MP STATIONS OPERATIONS


OVERVIEW LESSON DESCRIPTION: In this lesson you will learn to direct military police desk operations. TERMINAL LEARNING OBJECTIVE: ACTION: Direct Military Police (MP) Desk Operations. CONDITIONS: You have available all authorized military police equipment, a desk team, patrol

personnel, and all appropriate records and forms. STANDARDS: Demonstrate your comprehension of the task knowledge by correctly answering 70

percent of the multiple-choice test questions. REFERENCES: The material contained in this lesson was derived from the following publications:

FM 19-10, FM 19-20, AR 190-5, AR 190-9, AR 190-14, AR 190-29, AR 190-30, AR 190-40, AR 190-47, AR 195-2.

INTRODUCTION The MP station is the center for all police services such as law enforcement, traffic control, and investigative activities. Receiving and processing of requests for help, information, and complaints on a 24-hour, 7-day a week basis is the method of operation for all MP stations. The wide variety of services provided requires a standing operating procedure (SOP) for station activities. This ensures that complaints, reports, apprehensions, and other activities are handled in an efficient and expeditious manner. The high visibility of MP personnel impels that high standards are set and adhered to in the performance of their duties. MP patrols not only enforce regulations, but their duties extend to enforcing the wearing of military uniforms. Therefore, it is expected that the appearance as well as the equipment of the MP set a high standard. As the MP duty officer or provost marshal (PM) officer, you are required to monitor the inspection and briefing of duty personnel. 5-1 MP2003

PART A - MONITOR INSPECTIONS, BRIEFINGS, AND DEBRIEFINGS 1. Inspections. a. The two types of formalized, daily inspections which are normally conducted before shift changes are the personal appearance inspection and the vehicle and equipment inspection. Most MPs take pride in belonging to a distinctive unit. If there are no inspections, some MPs will maintain high standards, but others will soon appear sloppy and careless in their appearance and manner. Proper appearance can only be maintained by frequent and thorough inspections. Inspections may be of two types: daily or unannounced. Daily inspections are best for maintaining a consistently high standard of appearance, but have an important disadvantage of taking valuable time from briefing. Unannounced inspections are a satisfactory method of maintaining appearance if held frequently; and conducted in a thorough manner. It is important that deficiencies noted during inspections be recorded and corrected. b. Daily vigilance is necessary to keep patrol vehicles in good operating order. The patrol vehicle can be the most valuable piece of equipment used by the MP and it is often the most neglected. Inspections of vehicles should be conducted to assure that operator's maintenance is being performed and recorded on the proper forms. Inspections should also include a check for uncorrected deficiencies and those which have not been recorded by the operator. Cleanliness of vehicles is another important consideration. Where supervised motor stable are regularly held, a daily inspection of vehicles may not be necessary. Supervisors should continue, however, to check the vehicles for signs of laxness in maintenance and cleanliness. c. All MP equipment including first-aid kits, flares, shotguns, fire extinguishers, traffic accident investigation kits, flashlights, and other items required in the operating SOP should be inspected for serviceability and cleanliness. All deficiencies must be recorded. The MPs must be required to correct them. d. As the PM operations or MP duty officer, ensuring a proper inspection is your responsibility. Make sure the desk sergeant or patrol supervisor has inspected personnel and equipment. Check the appearance of the MPs. Is the headgear, haircut, and uniform up to standard on each person? The uniform' and leather gear must be inspected for general appearance, fit and serviceability. You must he sure that weapons are checked for cleanliness and serviceability. This is very important. Weapon cleanliness not only makes a good appearance, but is for the safety of the MP. Again, deficiencies in appearances and/or equipment should be noted as they are found. Corrective action must be taken. 2. Briefing and Debriefing. a. Prior to going out on patrol or assuming a fixed post, the MP should be as knowledgeable as possible in order to perform police duties. One way the MP can acquire this knowledge is by a briefing from the patrol supervisor before each shift change. The new shift should be briefed on special problems MP2003 5-2

that can be expected during their tour of duty. Traffic conditions, report of missing persons, special events, weapons, safety, and any special topics are discussed. b. The new shift should also be alerted to problems encountered by MPs during the 24 hours since they were last on duty. All important incidents, such as robberies, assaults, or drug apprehensions should be passed on to the new shift so they will be alert for related incidents. c. The briefing should also point out areas or buildings requiring special observation. Often the oncoming shift will be required to complete projects started, but not completed, by the previous shift. Follow-up actions, such as contacting victims or witnesses, may be required. For these and other practical reasons, there must be coordination and communication between the shifts. Make sure that briefings are informative and complete. It is important that communication procedures are established. At the briefing, the brevity and duress codes are stated. Patrols must be familiar with the procedures to back up other patrols. This is the time to cover and reinforce the principles of use of force. Based on current activities, the patrol supervisor or desk sergeant will assign patrols to specific areas. d. MP patrol units will do their job correctly if they are given direction and guidance. Crime statistics should be given to the patrols. As the operations officer, you are aware of the statistics in the patrol areas. Make sure you give this data to the patrols. Tell the MPs where the crime is happening. It is important that you give the MPs direction, things to look for, and problems found in their patrol area. e. To prepare an adequate briefing for an oncoming shift, it is necessary to gather pertinent information from the off-going shift. This gathering of information is usually in the form of a debriefing. Debriefings are held at the end of each shift. Each member of the shift informs their patrol supervisor of all significant problems and observations during their tour. This is then passed on to the next shift's patrol supervisor, and included in briefing the oncoming shift. It is difficult to improve on direct communication between persons. Whenever possible, there should be a meeting between members of the off-going and oncoming shifts. This may be done on an individual basis, as in the case of MPs relieving others at fixed posts or specified patrol areas. An even more effective method of communication between shifts is the shift conference. This allows the outgoing MPs to relate to the oncoming MPs first hand information and experiences from their tour of duty. The MP has been making observations and gaining impressions throughout the tour which may be useful to the next shift. Even if the information is not important enough to justify a written report, it may be of value. 3. Training. a. A common complaint by provost marshals is that the shift design for MPs leaves little time for job-related training. Unit training time allocated by commanders is often filled by general subjects from the Army Training 5-3 MP2003

Program. This limits the time available for job-related training. However, there are other ways for providing a continuous and professional MP training program. b. A 10 to 15 minute period of time before each shift change may be allotted for training. Presentations may be made by the shift supervisor, desk sergeant, MPDO, MPI personnel, or any combination of instructor best suited to the subject matter and the situation. Because of limited time, an instructor centered approach will probably be used with little student participation. The presentation is basically a lecture, a good medium for technical and instructional material. The drawback is that with limited student participation, it may be difficult to maintain the interest of the students. This may be overcome by anticipating the problems that MPs face in their everyday duty. Center training on these areas. For example, presentation on protection and handling of evidence should refer to specific incidents affecting MPs in that unit. Show mistakes in evidence handling made in previous cases. Then show the correct method. The presentation becomes more personal and interesting to the students. The instructor should also stress the importance of the instruction and the manner in which individual police actions may affect others. A presentation of safe driving habits should make the MP realize that a mistake in driving could endanger the lives of others. It may also adversely affect criminal prosecution or present a poor public image. You should appoint an officer or NCO well versed in training as supervisor to administer the program. If responsibility is spread among several persons, some of the continuity and quality of the program may be sacrificed. A short period of instruction must be well planned to be effective. In preparing lesson plans for training, keep in mind that the goal is to present mission oriented, job-related material in the most interesting way possible. The person preparing the lesson plan must try to anticipate the kind of questions the student would ask. There is little time for student participation. Material on "how to" has priority over theoretical concepts. However, the latter should be included wherever necessary. Sources of material for lesson plans need not be limited to the soldier's manuals or to MP SOPs, though these are important sources. c. Some of the training materials published for use by civilian police departments (such as international Association of Chiefs of Police publications) may be helpful. The FBI and the Military Police School are other good sources of references for training publications. d. Training should be conducted in a well lit area free from distractions and with seats available for all students. It is not a good practice to present training to MPs standing in formation for guard mount. Use of training aids may improve the presentation by making the subject matter more interesting and understandable. The pin-map is an important training aid which can be used for training, shift briefing, and debriefing. Graphs and charts are helpful when presenting numerical data. Imaginative use of audio tapes, movies, and slides will capture the attention of students and present the subject matter in a more dramatic way. The video tape recorder has proven MP2003 5-4

to be a valuable aid to training; it is possible for instructors to present any subject visually and verbally. e. The video tape recorder also allows the instructor to prerecord lessons that can be played back at each training period in his absence. This is helpful in maintaining quality control. You will not need to rely on less capable instructors who might otherwise be utilized. 4. Debriefing. a. Patrol personnel must be debriefed and released at the end of the duty shift. As we said earlier, debriefings are held with individual members of the shift. The patrol supervisor is informed of all significant problems and observations. This information is used to brief the oncoming shift. b. Patrol reports are checked by the desk sergeant for correctness. All required paperwork must be completed prior to the release of the patrol. However, some follow-up action may be needed to complete started projects. The oncoming shift needs to coordinate with the off-going shift as to what paperwork or contacts is required. c. Patrol vehicles and equipment should also be checked before the release of the duty shift. Vehicles should be inspected for cleanliness and state of repair. Also, if the vehicles or equipment were used extensively during a shift, the patrol supervisor should check for damage. PART B - COORDINATE PATROL ACTIVITIES 1. General. a. The MP station is one of the few installation agencies that remains operational on a 24-hour, 7-day-a-week basis. As such, numerous requests for assistance and information are received and processed daily. The nature of law enforcement activity requires continuous patrolling, processing of victims and offenders, traffic control, and investigations. b. The wide variety of services provided by the MPs requires an SOP for station activities to ensure routine and expeditious handling of complaints, reports, and apprehensions. c. Complaint Procedures. Complaints are indications of wrong doings or infractions of regulation or law. They require MP attention. Complaints must be promptly recorded and processed by the desk sergeant. Telephone calls, personal visits, written correspondence, and patrol reports are all ways of receiving complaints. The operations officer is responsible for quick response to complaints received. (1) Police action requires the use of detailed prior planning with little warning and at odd hours. Plans should be immediately available to the desk sergeant. Speed in implementing the plan and deploying patrol units is necessary. 5-5 MP2003

(2) MPs must be prepared to make prompt, coordinated action. They should know the SOP, laws for arrest, use of deadly force, handling and custody of evidence, and crime scene protection. In cases involving felony crimes, procedures should be prearranged for notifying CID investigators or other appropriate law enforcement agencies. Prompt investigation can aid in the swift apprehension of offenders. (3) If the MP station has a high rate of incoming complaints, electronic recordings can be used. They are used to keep details accurate and handle complaints more efficiently. Using this equipment requires meeting certain conditions. It must be authorized by DA and by a letter from the installation commander. Equipment must be marked FOUO. The installation phone book must indicate which phones are equipped with recording devices. Personnel must state, "This is a recorded line." Access to this equipment is restricted to desk personnel only. (4) Upon receiving a complaint, the desk sergeant determines the correct police action. Sometimes a complaint requires only a telephone call. Other times the desk sergeant must dispatch a patrol unit to respond promptly to the complaint. Prompt investigation can aid in the swift apprehension of offenders. You must make sure that the desk personnel are well trained, informed, and capable of making quick and correct decisions. Complaints received must be processed in a prompt manner. As the PM operations officer, you must monitor to ensure this goal is accomplished. All complaints requiring MP attention will be recorded and processed by the desk sergeant. Check to see that enough information is taken to determine who the complainant is, where the incident occurred, when it happened, what happened, and how it occurred. Patrols are then dispatched to gather more information and investigate. 2. Patrol Activities. The key to an efficient PM operation is an effective patrol operation. The methods of police patrol, however, vary with the mission and also the terrain to be protected. Within certain broad limits, the PM is free to organize the patrol force to meet prescribed objectives. a. Police patrolling is often routine in nature. During such patrols, many services are performed that are not specifically outlined by the PM, such as helping motorists, or giving information. While such services do account for much of a patrol unit's time, a successful patrol system must be designed with specific objectives in mind. Some of these are protection of life and property, crime prevention, identification and apprehension of offenders, and maintenance of order and discipline. To accomplish these objectives, patrols question persons whose actions arouse suspicion. They check the identification of personnel, apprehend offenders, and report offenses. They make proper on-the-spot corrections of minor violations. Patrols should pay special attention to reported or potential trouble spots. Such places should be checked often to observe the conduct of service personnel. b. The desk clerk records the patrol activities on the radio log. The Military Police Report (MPR), DA Form 3975, is completed as fully as possible MP2003 5-6

with the available data. It is prepared on all complaints received and incidents observed or reported to the MPs. Do not include routine traffic and minor violations noted where corrective action is a verbal warning. DA Form 3975 is also prepared in every case where an apprehension is made, or a military person is returned to U.S. Army control from another apprehending agency. c. The MP report is begun right after receipt of information unless instant police action is required. Prompt attention to the report, whenever possible, assures complaints are recorded, systematically assigned for follow-up, disposed of or referred, and posted to the Military Police Desk Blotter, DA Form 3997. The blotter is prepared as the daily chronological record of all police activities. It is developed from complaints, reports, and incidents. d. The operations section of the PMO determines the daily required distribution of personnel. The number of personnel by grade, job assignment, and required skill, normally is given to the MP unit commander 24 hours before their employment. The unit commander assigns personnel to their duties, subject to approval of the officer in charge of the MP station. e. Personnel report for duty to a designated officer or NCO. The desk sergeant gives all personnel their specific duty assignments. Personnel are inspected and briefed on the situation by the duty officer, the desk sergeant, or patrol supervisor. The patrol supervisors take charge of patrol personnel going on duty. f. Personnel assignments require coordination between the PM and unit commander to aid continuous development of technical skills through on-the-job training. Personnel should be paired with those with more experience. Duty assignments should be appropriate to grades. Personnel must be trained to ensure they are qualified for assignment according to their grade. g. The officer in charge of the MP station, assisted by the desk sergeant, coordinates the patrol activities. The missions and the priorities of effort of each mission should reflect this coordination. When a temporary change in a mission is made verbally, it should be noted in the journal. h. Enforcement activities are coordinated through radio and other means of communication. Patrol supervisors, using the patrols in their areas, direct and coordinate the missions. If two or more patrol supervisors are directed to operate in a joint effort, the desk sergeant designates a leader. i. Patrol personnel should be familiar with adjacent patrol routes, foot patrol areas that may need reinforcement, and recent problems and criminal activities within their general area of patrol. j. Your duty is to coordinate the patrol activities. Make sure the desk sergeant assigns a priority to each mission given to the patrols. Some incidents require prompt action and reporting. It is impossible to dispatch a patrol for every complaint received. Sometimes the desk sergeant can get 5-7 MP2003

enough data so a patrol is not needed. Some complaints can be referred to other agencies. Many of the security checks can be done by the requesting unit. k. Not every call is an emergency. About three percent of the calls need an emergency response. Patrols are authorized to use emergency warning equipment by the desk sergeant. Make sure that the desk sergeant is using this authority correctly. If the incident is serious, ensure prompt emergency response. Patrols dispatched to a serious incident must be supervised. You can maintain control by direct communication with them. You must send the patrol supervisor to the scene of a serious incident. This ensures experience and leadership are on the scene. 3. Initial Response to Incidents. a. The operations officer is responsible for MPs initial response to an incident. The goal is a timely, effective response. MPs first at the scene play a vital role. Their performance can have a major impact on the outcome of an incident. b. MPs on the way to a serious incident should be in contact with the desk sergeant. He should provide them as much information as possible. This allows MPs to plan their actions before arriving at the scene. c. Upon arrival at the scene, the MP unit will evaluate the situation. MPs base their initial actions on this evaluation. The responding unit will inform dispatch about the situation. They may request more equipment or support. d. Potentially explosive situations can also be defused through accurate evaluation and careful actions by the responding unit. Thorough training in emergency situations and cross intervention help MP patrols react effectively. 4. Special Threat Situations. a. At an increasing rate, special threat situations, such as hostage taking, sniping, and political terrorism, confront law enforcement agencies. One or two MP patrol teams have neither the manpower, training, nor equipment to cope with such offenders. Reports of action taken in response to special threat situations have been studied. It has been determined that, offenders can be neutralized with a minimum risk to bystanders and law enforcement personnel. This must be through the application of well prepared contingency plans by specially trained personnel. b. All special threat situations pose a grave danger to hostages, bystanders, and law enforcement personnel. The extent of the danger depends on the actions, training, and personnel used to neutralize the threat. Locations, motivations, responses, and other circumstances will differ. Special threat situations must be dealt with on an individual basis. However, the maximum safety of all concerned and the swift apprehension of the offender can generally best be accomplished through clear, decisive, and coordinated MP2003 5-8

police action. Such action must be flexible and geared to the situation and its possible developments. 5. Response to Bomb Threats. When notified of a bomb threat, the operations officer directs the dispatching of a patrol unit to the scene. Make sure the MPs are instructed not to use radios within 100 meters of the suspected bomb site. At the scene, they should remain out of sight. They should conduct a remote evaluation of the situation. The unit then notifies the desk sergeant about the situation. They request assistance as needed. Brief the patrol supervisors not to use MPs as members of the search team unless absolutely necessary. As operations officer, you may be required at the scene. If so, make a firsthand evaluation of the situation and direct further actions at the scene. 6. Special Reaction Team (SRT). a. The special reaction team (SRT) is a key element of the threat management force (TMF). The SRT is a group of three to six highly trained personnel. It is their job to neutralize the offender. SRT training enables them to perform with minimum danger to all personnel involved. b. Response to Hostage Situation. Hostages may be seized as a result of careful planning to achieve specific goals. It may be in reaction to an unforeseen confrontation between the offender and the police. When unplanned, hostages may either be selected at random or for other reasons, such as their social prominence or gender. c. The taking of hostages during a confrontation is an act of desperation. It is an admission by the offender that law enforcement forces possess superior firepower, manpower, and equipment. This admission may be used by the PM to strengthen the negotiating position. However, throughout, it must be remembered that the primary concern is for the safety and release of the hostages. d. As the operations officer, you must direct the patrols sent to a hostage situation. The patrols must remain out of sight and conduct an evaluation. The MPs will inform the desk sergeant of the situation and request assistance as needed. Again, serious incidents such as hostage situations may require you to go to the scene to make a firsthand evaluation. e. Remember, the safety of any hostages and their eventual release without injury must be the basis for plans and actions taken during a special threat situation. Apprehension must be subordinate to hostage safety. 7. Crime Scene Processing. a. The scene of any crime is itself evidence. Improper protection of the crime scene will usually result in the contamination, loss, or needless movement of physical evidence. It is likely to render the evidence useless. The scene of the crime is the place where all investigative leads will begin. It gives the investigator a starting point in search of the offender. It 5-9 MP2003

yields important clues for crime laboratory examiners. Therefore, the first MP to arrive at the scene of the crime has the critical duty of securing the crime scene. b. The MP on patrol is normally the first to arrive at a crime scene. The rules of conduct at the scene are always the same. The seriousness of the crime is of minor importance. When the MP finds the site where a criminal has left clues, he must not destroy or change anything which may serve to reconstruct the crime. It may he useful as evidence against the offender. The MP must also be careful not to inadvertently add material to the crime scene which may be misleading to the investigators. c. There is no set rule defining the dimensions of the scene of a crime. However, the best physical evidence is normally found at or near the site of the most critical action. It is more likely to find such evidence in the area close to the body in a homicide case than at some distance away. Similarly, the site of forcible entry into a building, or the area right around a cracked safe, normally has the greatest potential for yielding evidence. While it is possible that the dimensions of a crime scene will be large, there will be priority areas that should be given prompt protection. On the other hand, valuable evidence may be discarded or deposited by the criminal at some distance from the scene of the crime. Thus, the area to be protected may be expanded. d. The success of an investigation depends considerably on the observations and actions of the first MPs to arrive at the scene. The circumstances of the particular case will govern the action taken by the MPs to protect and preserve the physical evidence. There are valid guidelines to follow. If injured persons are discovered, giving them aid is a matter of first priority. If enough police are available, the immediate measures necessary to protect the crime scene should proceed along with giving aid to injured persons, or examining apparently deceased persons. e. Immediate protection measures include roping off certain critical exits, posting guards to control spectators, and covering areas that would be affected by smoke, rain, snow, wind, or direct sunrays. In extreme cases, it may be necessary to move objects from areas where they would otherwise be destroyed or drastically affected by the elements. However, movement of evidence prior to the time it has been fully examined and processed should be avoided whenever possible. f. The purpose of protecting the scene of a crime is to preserve its physical aspects. It may then be reviewed in detail by the crime scene investigator(s). Thus, the major tasks of the MPs is to prevent certain actions. Prevent unnecessary walking about. Special precautions must be taken to avoid walking in areas that are likely to bear the impressions of foot or tire prints. Prevent touching items or surfaces that are likely to yield latent fingerprints. Prevent any item from being removed from the scene, to include bodies of deceased persons without the specific permission of the investigator. MP2003 5-10

The operations officer is responsible for supervising the protection of crime scenes. The actual search for evidence is made by the MPI section or CID unit. MPs protect the crime scene until the investigators arrive and during the investigation. g. You must make sure the MPs know their duties at a crime scene. Make sure the crime scene is secured. Unauthorized persons are not allowed in secured areas. Conditions at the crime scene are important. Direct the MPs to record the time, date, and weather conditions. Make sure first aid and medical care have been arranged for the injured. In moving the injured person(s), make sure the MPs have ID data. h. Direct the MPs to keep unauthorized persons from entering the crime scene. Make sure the perimeter is far enough from the scene to allow the investigators to work undisturbed. The perimeter should not be so distant that control becomes difficult, or normal traffic around the crime scene is needlessly disrupted. You can direct the MPs to reroute traffic around the crime scene as needed. i. It is important for the MPs to identify and record the names of all persons at the scene. This includes witnesses, suspects, victims, and other police personnel. Witnesses, victims, and persons who called the MPs should be separated into groups and questioned separately. Direct the MPs to separate the groups far enough apart to prevent the victims from talking to the witnesses. It is important the groups do not discuss the incident. Each person questioned should be far enough from the group so the conversation cannot be heard. j. You must provide directions for the MPs when the investigator arrives at the crime scene. Make sure the investigator's ID has been verified, especially if you do not recognize him. The investigator is then briefed on what the MPs have learned about the incident. k. You can assist the MPs at the crime scene to preclude any senior ranking persons from entering the scene. Tactfully explain the importance of protecting the crime scene and preserving physical evidence. Senior persons are briefed on their need to know. A senior officer at the scene of a housebreaking would not have a need to know the details of the crime; if it was not his house. However, the senior officer in charge of a munitions storage site would need entry to assist in determining whether any munitions were removed. If you are on the scene of a crime, you may be requested to assist the investigator. Direct the actions of the MPs to assist in processing the crime scene. However, do not become so involved in participating, that the overall supervision is lost. l. Make sure the MPs are completing crime scene entries in their notebooks. Recording the who, what, when, why, where, and how of the incident in notebooks will be helpful to the investigation. Ensure the MPs assist as directed. Have them remain at the crime scene until released by the investigator. 5-11 MP2003

m. The use of evidence depends on the protection and control of the crime scene. MPs must not compromise the protection of the scene. Make sure the MPs are well-trained in protecting the crime scene. 8. Patrol Distribution. a. MP personnel represent the most valuable resource a PM has available. There are few equipment resources available to the garrison PM. It is critically important his MPs are widely used. b. The PM should continually strive to reduce "guesswork" in police operations. Selective enforcement is a good means by which the PM can plan enforcement activities without complete reliance on intuition. The basis for selective enforcement is accurate historical data. This refers to time, place, type, and frequency of incidents or violations. c. Careful interpretation of this data will aid in finding the causes of crime and projecting operating costs. This data helps in forecasting personnel and equipment requirements, and maintaining accurate reports on the status of discipline within the command. By its very nature, selective enforcement provides for a better use of manpower and lends direction to crime prevention and law enforcement activities. d. Statistical data is used for selective enforcement planning. Proper collection and interpretation of this data is essential to achieve the desired results. The PM needs data that will provide pertinent facts to be used in solving continuing enforcement problems. The best source is the data contained in records and MP reports readily available to the PM. The PM must assure that routine reports are accurate and complete. If personnel fail to properly record incidents, accidents, or violations, the data will not be factual. This may result in faulty enforcement plans. Raw data must be organized and summarized before it will become meaningful for planning purposes. One useful method is by the construction of a frequency distribution table. This table groups items of the same class. It specifies the number of items in each class. Some examples of data suitable for forming classes are: type of offenses, time of day of offenses, and age of offenders. With some type of data, it is useful to group it concisely. For example, if we are listing numbers of offenses by time of day it would be helpful to combine two or more hour classes together. This forms an hour group or interval. A table that lists offenses for 3-hour periods (such as 2100 hours to 2400 hours had 284 offenses for a 6 month period) would mean more than a listing of 24 different 1-hour periods. e. Selective enforcement is the planned distribution of MPs. This ensures that law enforcement is applied when and where it is needed. MPs are placed in sufficient strength in identified areas in order to handle predicted crime activity. The PM, like all modern police administrators, has learned that the patrol force must be dispersed when and where police problems are likely to occur. The PM can economically, yet effectively, distribute assigned MPs over the 24-hour, 7-days-a-week duty period. MP2003 5-12

f. The amount of crime occurring is not evenly distributed. That is, if 100 offenses were reported during a 7-day period, more crimes are reported on certain days of the week, at certain times of the day, and in certain places. It is, therefore, mandatory that an analysis be made of the need for police service and the need matched to the number of MPs available and the areas in which they are most needed. g. To determine the daily required personnel, the operations officer uses the selective enforcement principles. There are several advantages to using this data to plan patrol requirements. There is no guesswork involved. Another advantage is that past events reveal trends and patterns in crime. This means an accurate projection of future activity can be developed. Most importantly, using this principle to plan patrol distribution allows efficient use of personnel and equipment. h. Develop a patrol distribution plan. (1) The first step in developing a patrol distribution plan is to identify your goals. What do you want the plan to accomplish? Do you want less burglary? Do you want more community involvement? Do you want a higher criminal apprehension rate? (a) Use historical data from recent crime and traffic studies and files. Analyze the information. Identify facts and figures that reflect incident rates. Identifying qualifying factors such as time, days of the week, and locations. One good source for such data is the monthly law Enforcement Report (DA Form 2819). The resulting data is analyzed weighing several factors. How severe is the crime? What is the impact on the community? How much is crime costing the community? The result is the identification of incidents, areas, and times when crime has the greatest impact on the community. (b) Policies to handle common problems should be set before you plan patrol areas and routes. There are considerations in getting policies. What can be handled by phone? To what extent do patrols handle crime investigation? What are the reporting responsibilities of the patrols? (c) Plan patrol areas and routes for the most efficient and effective MP coverage. Work to achieve the goals defined by your analysis. Patrols should be able to cover assigned areas in one larger area. If you have areas that require more time, you may need to add personnel or limit the area/route size. As you plan patrol areas and routes, consider the specific missions and orders from higher authorities. Population variables affect patrol planning. Locate places where people gather such as billets, theaters, clubs. Consider operation hours of facilities. Also determine resident and transient populations. (d) You should also consider locations, amounts, and frequency of crimes. This would include installation size and population locations. Potential sites for crimes are clubs and warehouses. 5-13 MP2003

(e) Traffic accident patterns and statistics should be considered. This includes total miles of streets and roads to be patrolled. Identify hazardous locations such as wells, rock quarries, and deserted buildings. (f) Population statistics affect patrol planning. These include age, sex, and resident or dependent status. Consider the location of military and civil police stations and medical and fire facilities. Determine the limits and capabilities of existing communications and manpower. Review current methods of relaying patrol orders. Include the above factors when developing a patrol plan. This will help provide the best protection and law enforcement for the installation. (2) The next step is to develop a patrol plan. From your analysis, you identified times, days, and areas requiring patrols. Project total manpower and number of shifts required. These are based on the total number of incidents MPs responded to and the number of incidents per shift. Assign personnel to each shift in proportion to the complaints received. The number and types of complaints must be considered in preparing shift requirements. (a) Patrol strategies also affect how patrol members are used. Two member patrols affect total manpower requirements. For example, what are the man-hour requirements for one day using one member patrol units? For each patrol area, most people will say it takes only three MPs to cover the three 8-hour shifts, actually, it takes four to five MPs. Do not forget you must have personnel to cover for leave time, sick call, training, Skill Qualification Tests (SQTs), and field training exercises (FTXs). What do you do when there is an emergency requiring more MPs? What if your experienced MPs are nearing the end of their duty at your installation? (b) In San Diego, California, a study was done by the Police Association. They wanted to have two-member patrol units. They felt it would be safer for the patrols. The San Diego Police Department tried to justify more officers. The study found that one-member patrols made more arrests, had fewer citizen complaints, and had more safety advantages. (c) MPs are generally younger, less experienced, and need more training than civilian police. Two-member patrols may be appropriate for your installation. In some places where you will need multiple MPs, another MP can be dispatched. The problem in the military in having one-member patrols is that they will need MP equipment, such as radios. MPs are generally 18 to 19 years old. Your senior E4 could be considered as a one-member patrol, but not an E2. Keep in mind that two-member patrols require more personnel. (d) Response time reflects the success of your patrol strategy. A study conducted in Kansas City, Missouri, revealed that proper patrol distribution has a great impact on response time. This also has a definite impact on the crime rate. MP2003 5-14

(e) Shift assignments can do much to motivate patrol personnel. Most shift patterns are based on MP station needs. Personnel attending schools, with family problems, or who prefer working odd hour shifts, can have their work preferences considered. However, such a plan can only be used in a stabilized patrol shift. (f) In starting up a shift preference plan, all personnel should identify the shift in which they desire to work. Based on rank, time-in-grade, and efficiency of operations, the shifts are set up. Guidelines must then be set to consider future requests for transfer to other shifts. Merit, seniority, length of time on a shift, and discipline are some standards that have been used to govern transfers in units using this plan. For the best shifts, a standing transfer list may have to be set up. PART C - DETERMINE PROOF, RESPONSIBILITY, AND JURISDICTION 1. Proof of Crime. a. As the PM operations officer (or duty officer), you must make sure there is proper proof that a crime has been committed. You must review the procedures the desk sergeant takes in making the proof determination. b. The desk sergeant ensures a patrol has been dispatched as needed. He then collects all the available information about the alleged offense/incident. The Manual for Courts-Martial (MCM) is used to select terms to fully describe the offense. The crime may not fit any of the specifications. See if there is a clear specification paragraph. Review the proof section under the title of the crime in Chapter 28 of the MCM. c. The desk sergeant then verifies the crime title with the Staff Judge Advocates (SJA) office. These steps must be followed to set a complete and accurate charge. Failure to do so could jeopardize the outcome of the case. 2. Investigation Responsibility. a. As the PM operations officer, you must determine the proper authority of jurisdiction and investigation of reported offenses. The desk sergeant actually performs this task. You must see that it is done correctly. b. The coordination of MP operations with those of other branches of the service, and of other interested police organizations is the responsibility of the PM. This requires an understanding of jurisdiction, authority, scope and methods of MP operations, and the interest of other agencies in those operations. The MP station SOP should state how coordination is to be done and the parts each MP will play. c. Continuous liaison and coordination are essential for efficient and effective MP operations. This liaison should be with Navy Shore Patrol, Air Force, Security Police, federal, state, and local law enforcement agencies, as required. 5-15 MP2003

d. MP supervisors must know the procedures for releasing information and providing assistance. They check performance of subordinates. They ensure information is not released without proper authority and clearance from the post information officer or SJA. 3. Authority. a. Authority is the lawful right of designated persons or agencies to exercise government power of control. The authority of MP to enforce military law, orders, and regulations is derived primarily from the constitutional powers of the President of the United States as Commander in Chief of the Armed Forces. b. MPs have authority to take proper action with persons subject to the UCMJ or subject to trial under the code. This authority applies to all members of the Armed Forces on active duty whether they be Reserves on active duty training, cadets, midshipmen, or others. Retired members of the Armed Forces, as well as retired members of the Armed Forces Reserve who are using military facilities, are subject to military jurisdiction. c. USACIDC investigates Army-related felonies and offenses punishable by death or confinement at hard labor for more than one year. The MPI section investigates all Army-related misdemeanors and offenses punishable by confinement of one year or less. Larcenies of property valued at $1,000.00 or more are CID's responsibility. Items valued less than $1,000.00 are investigated by MPI.

4. Jurisdiction.

a. All personnel performing police work in CONUS or overseas need a basic knowledge of jurisdiction and law. Law is a very broad and complex subject. It is constantly being changed by new statutes and court decisions. Jurisdiction is the scope or limit of governmental authority. This extends to territory, persons, and subject matter. It defines the extent of power which government, through the exercise of its police power, may properly exercise over persons, territory, or subject matter. b. Military jurisdiction is the lawful authority, or right, of an armed force to exercise governmental power or control. Authority and jurisdiction are not the same. MPs may have the authority to apprehend an offender. They may not have jurisdiction to try him. Every offense or incident, therefore, depends upon the status of the offender, international agreements and treaties, the service connection of the offense, and other factors. The SJA should always be consulted where doubt exists over jurisdiction. c. The military has exclusive jurisdiction to try persons subject to the UCMJ for offenses purely military in nature, such as unauthorized absences. In the United States, the military has jurisdiction in cases involving a service-connected civilian offense or offenses occurring within military jurisdiction. Purely civilian offenses occurring off-post, such as DUI, may be handled in the civilian courts. MP2003 5-16

d. It is Army policy that a service member will not ordinarily be prosecuted under civil jurisdiction and later under military jurisdiction for the same offense. Under international law, a friendly foreign power normally has primary jurisdiction to prosecute nonmilitary offenses committed within its borders by members of a visiting force. This power may be further defined or surrendered to military authorities through Status of Forces Agreements (SOFA) and other treaties of agreements, depending upon the nature and circumstances of the offense. Limitations to prosecute does not keep commanders from taking administrative action against offenders. Where doubt exists on jurisdiction over a particular offense, consult the SJA. e. Military jurisdiction is the extent of, and limitations on, the right of an armed force to exercise authority and control. It is exercised through the applications of military law, the law of war, military government, martial law, and military orders and regulations. Military jurisdiction extends to military personnel whether or not they are in an area under military control. f. Military law regulates the entire military establishment of the United States. Law of war is the segment of conventional and customary international law applicable to warfare. Military government is the administration by which an occupying power exercises executive, legislative, and judicial authority over occupied territory. This is by a military commander as authorized by the President.

Figure 5-1. Provost Marshal's Jurisdiction.

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g. Desk personnel furnish routine information assistance to military and civilian personnel in accordance with the SOP issued by the PM. This is provided on such matters as the location of points of military interest, transportation, communications and recreational centers, and weather and, road conditions. Classified defense information may be released to properly cleared identified persons, only when they have an official need to know. h. The MP station may operate information centers in transportation terminals, at centers of troop concentration, on main traffic arteries, and within or at entrances to military installations. These centers provide information similar to that furnished by the desk sergeant of the MP station. i. MPs assigned to traffic control posts, gate duties, and foot and motor patrols should be briefed on the information they are authorized and expected to furnish. Maps and informational material that will enable them to answer questions not covered in their briefings should be furnished. 5. Serious Incident Determination. a. The PM operations officer is responsible for determining a serious incident and reporting it. In a previous lesson, we briefly discussed the completion of an SIR and how to file the report, DA Form 173/1. To identify a serious incident, it was noted that a category 1 is an incident which, in the opinion of the installation commander, is of immediate concern to the DA or the Department of Defense (DOD). b. Category 2 is an incident which is of immediate concern to the DA or the DOD. Category 3 incidents are of concern to the DA, but not as time-sensitive as categories 1 and 2. To help in selecting the proper category for an incident, you can refer to AR 190-40. Proper notification of an SIR must be in accordance with local policy. PART D - MONITOR PROCESSING OF OFFENDERS 1. General. a. As the operations officer, you are ultimately responsible for processing offenders. It is a task delegated to the desk sergeant. You must ensure the desk sergeant and MPs protect the offender's rights. Proper legal procedure must be observed. Failure to follow legal procedures can ruin a case. Statements can be discussed and offenders can be released if legal procedures are not followed. b. Upon apprehension, the offender must be informed of his constitutional rights. All offenders have the right to remain silent, have legal counsel present, and to stop answering questions at any time. The MPs and the desk sergeant should read these rights word-for-word to the offender from the Rights Warning Procedure/Waiver Certificate, DA Form 3881. The offender must be advised of his constitutional rights by the apprehending MP at the earliest practical time. It is not necessary for the warning to be given prior to a lawful search. Correct use of DA Form 3881 requires the warning to be read MP2003 5-18

verbatim to the suspect. He is then asked to execute the waiver portion of the form documenting his desires concerning questioning. If he consents to questioning the statement is recorded on the Sworn Statement, DA Form 2823. Upon completion of the questioning, a MP Report (DA Form 3975) is filled out. The required entries are made on the desk blotter and MP desk reference card. After questioning, the PM decides whether or not to detain the person. If the person is detained, the PM authorizes the detention either verbally or in writing. Written authorization is preferred. c. If the decision is made by the PM or responsible MP to place an apprehended person in detention, a thorough search must be made. Personnel conducting the search and those acting as witnesses must be of the same gender as the person being searched. Upon conclusion of the body search, the detainee may then be placed into the cell. Money, other valuables, and personal property (other than individual clothing and wedding rings) are taken from the person. They are inventoried in his presence and secured. He is given a receipt for all items taken. Items that could be used to inflict bodily injury such as belts, shoelaces, neckties, garters, and suspenders are also taken from the detainee if deemed necessary by the responsible MP. The desk blotter must reflect the reason for and time of detention, plus the name of the person ordering detention. The reason for and degree of any use of force required must also be recorded in either the MP blotter or the staff journal/duty officer's log (DA Form 1594). d. Temporary detainees may be held in open areas. They must be observed at all times by the desk sergeant, an armed guard, or closed-circuit television (CCT). If temporary detention is to last more than 12 hours, food, water, and bedding facilities will be provided. Temporary detention shall not exceed 24 hours. However, detention may be extended to 72 hours by the commander's instructions. e. In all instances, men and women detainees must be held in separate cells. They are to be provided with items to meet their personal needs. If medical care is required, a doctor must be provided. The doctor must prepare a written statement on the subject's health after the examination or treatment. If the suspect is held in an open area instead of a cell, ensure the offender is observed. f. Other legal agencies should be contacted before making a final disposition decision about the subject. Check for outstanding warrants and agencies that might want to question the suspect. If the suspect is to be released to another agency or his unit, ensure a DD Form 629, Receipt for Prisoner or Detained Person, is prepared. This form was discussed in Lesson 2 of this subcourse. The action taken with a suspect is further documented on the Military Police Desk Blotter, DA Form 3997. g. You should know who has jurisdiction to conduct the investigation. MPI or CID must be notified if offense falls in their jurisdiction. Determine if special measures are needed to further process the person. Some offenders require special measures when being processed. Juveniles, officers, females, 5-19 MP2003

and intoxicated or injured persons all need special handling to protect the offenders legal rights. h. Officers should be processed, to a certain degree, by another officer. Females must be searched by females. They must be separated from male detainees. Injured and intoxicated suspects must be examined by medical personnel. Juveniles will be discussed later in this lesson. 2. Searching Offenders. a. A suspect must be searched before being placed in a cell. Proper procedures must be followed when conducting a frisk, wall search, strip search, or cavity (body) search. These are as follows: b. Frisk. MPs perform the frisk on their own authority. MPs can frisk persons they stop and question. The frisk serves to protect both the MP and the subject. The frisk is limited to a pat-down on the outside of the suspect's clothing. It is used to determine the presence or possession of dangerous weapons. As part of the frisk, MPs may search any property held or controlled by the suspect. This includes removing the suspect's hat to search inside. The MP uses his hands to frisk the subject; patting-down the subject's entire body. MPs may not reach inside a subject's clothing unless he feels an object thought to be dangerous. He then retrieves the object. During the frisk, only items thought to be weapons may be seized as evidence. c. Wall Search. The wall search is more thorough than the frisk. It is done when a suspect is apprehended. The purpose is to render the suspect harmless. Any item that can be seized as evidence depends on the reason for the wall search. In a legal apprehension, all illegal items may be seized as evidence. When searching for weapons, only items thought to be weapons may be seized. Prior to the apprehension, all items thought to be weapons may be seized. d. Strip Search. The strip search must be done inside the MP station or another concealed area. The purpose of a strip search is to locate small items or drugs the suspect may be hiding. Three MPs are required for the strip search. Two unarmed MPs conduct the actual search while the third MP guards the door. The suspect removes all clothes and the MP search each item. MPs also search the suspect's ears, mouth, and hair. All items seized will be properly tagged with an Evidence Property Tag, DA Form 4002 and listed on DA Form 4137, Evidence/Property Custody Document. e. Cavity Search. These searches must be conducted by qualified medical personnel of the same gender as the suspect. The following requirements must be met. There must be a clear indication that evidence of a crime is contained within the suspect's body. A search warrant should be obtained MP2003 5-20

unless you believe that a delay will result in the destruction of the evidence. The search may be incidental to a lawful apprehension. 3. Processing Juvenile Offenders. a. In recent years, there has been a sharp increase in the amount of juvenile deviant behavior, to include serious criminal acts. The problems of juvenile offenders are not confined to the civilian community. The military community is also being faced with increasing numbers of juvenile incidents. Delinquent acts by juveniles have many negative results. These range from destruction of property to personal injury. An added problem is the effect on relations with the surrounding community. b. Youthful offenders create special problems. This is due in large part to the unique jurisdictional position of the military authorities. The MPs must understand the nature of the problems created by juvenile offenders. There are differences in handling such offenders. A juvenile is a person under the age of eighteen, who is not a service member, or the spouse of a service member. A juvenile delinquent is a youth under the age of eighteen, who commits an act which would be a crime if it were committed by an adult. He also becomes the object of official concern. c. Military Jurisdiction. The UCMJ does not apply to either dependent or nondependent juveniles. It does, however, apply to members of the military under 18 years of age. Post commanders are delegated the responsibility for all aspects of post activities. They have been given the authority to take necessary actions to ensure the protection of public and private property, and the welfare, morale, and well-being of all persons under their control. The general authority placed upon the installation commander by Army regulations is designed to meet local conditions. Thus, he may exercise police power, in varying degrees, as necessary, over any person on the reservation. All incidents occurring on the reservation, including those involving juveniles, have an effect upon command morale and safety. The control and handling of such incidents is a major concern of his. MPs may be authorized to investigate offenses committed on the installation regardless of who the suspect may be. d. The installation commander publishes policies governing the conduct on-post of civilian and dependent juveniles. He enforces them with sanctions. These may range from reprimand and exclusion from the post, to termination of the sponsor's on-post quarters. In case of serious misbehavior, the juvenile may be prosecuted by appropriate civilian authorities. e. Juvenile records are stored away from adult records. They are documented differently. This is to protect juveniles from the effects of immature actions on their later adult lives. Juvenile records are secured in the juvenile officer's or PM's office. The MP desk blotter will not list the juvenile's or their parent's names. The entry is shown as "Protected Identity" (PI). 5-21 MP2003

f. In general, information on juvenile offenders should be treated as if he had never been in disciplinary proceedings. However, information may be released to the following agencies: another court of law, an agency that is preparing a pre-sentence report for another court, or another law enforcement agency. That agency's request must be related to the investigation of the crime. The juvenile treatment facility (director) where the juvenile resides may receive information if the request is in writing. Agencies considering the juvenile offender for a position that may affect national security may also receive information. 4. Summary. The PM operations officer coordinates many MP activities. As you can see by reading this subcourse, the position encompasses many duties. In review, the operations officer (and duty officer) must see to the smooth functioning of the MP station. The tasks and agencies that fall under the operations section are many. You are responsible for sending and receiving correspondence, preparing and reviewing forms and reports, developing statistics, and maintaining MP files and suspense documents. The operations section coordinates all law enforcement and investigation activities. All MP investigations, criminal data collection, and physical security are your responsibility. The operations section coordinates, plans, and directs traffic operations. You are responsible for setting patrol policies and training. This includes determining patrol requirements and areas for supporting MP units. The operations section is the liaison and public relations office for all law enforcement and investigation agencies. The operations officer is responsible for planning, coordinating, and the administration of the MP station. MP2003 5-22

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LESSON 5

PRACTICE EXERCISE The following items will test your grasp of the material covered in this lesson. There is only one correct answer for each item. When you complete the exercise, check your answer with the answer key that follows. If you answer any item incorrectly, study again that part of the lesson which contains the portion involved. 1. Training is one method for providing continuous and professional MP training. How can you address anticipated problems and overcome drawbacks in this method of training? A. Do not allow student participation. B. Present training at guard mount. C. Present material in theoretical concepts. D. Illustrate mistakes in everyday MP duty and show correct method. 2. Why is it important that complaint procedures be followed by the desk personnel in a prompt and efficient manner? A. The PM looks favorably in the eyes of the community. B. Prompt investigation can aid in the swift apprehension of offenders. C. Electronic recordings are used on all MP phones by the DA. D. In accordance with station SOP, the desk sergeant must dispatch a patrol to respond to all

complaints immediately. 3. You are the operations officer at the scene of a serious crime. MP units are present and a suspect is being held. MPI personnel are on the scene collecting evidence. Witnesses have been removed and interviewed. Victims have been treated with first aid. Which action will you assume responsibility for? A. Processing the crime scene. B. Supervising protection of the scene. C. Supervising evidence gathering. D. Interviewing the witnesses. 4. As the operations officer, you are tasked by the PM to discuss selective enforcement techniques? What can you tell the PM?

A. The basis for selective enforcement is historical data. B. Selective enforcement is the selection of patrol areas for area assignment. C. Selective enforcement is the selection of patrol areas for shift assignment. D. The basis for selective enforcement is reliance on intuition and arbitrary plans.

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5. The time has come to revise MP patrol distribution. Criminal activity has shifted from one area to another. Several MPs are dissatisfied with their shifts. How will you best develop a patrol distribution plan? A. Arrange patrols to accommodate MPs. B. Change patrol activities in the two areas only. C. Base new patrol activities on recent historical data. D. Delegate this to shift supervisors. 6. You are providing training for the MPs assigned to patrol duty. What can you tell them about MP authority and jurisdiction? A. Authority and jurisdiction and law enforcement are the same. B. Jurisdiction is the limit of government authority. C. Authority is the limit of military jurisdiction. D. Authority extends to all personnel in an area under military jurisdiction. 7. The timely response of a patrol unit to the scene of an armed robbery foiled a robbery attempt. But the suspect reacted by taking a victim hostage and threatening to kill him if he was not allowed to leave freely. Which of the following statements is true about this situation? A. A single trained marksman strategically placed can resolve the situation. B. The robber is desperate and quite dangerous. C. Good faith negotiation is of no value in resolving the situation. D. Apprehension of the robber is of primary importance. 8. There are certain requirements which must be met to conduct a cavity search. What are they?

A. Three MP are required. Two unarmed MP conduct the search and the third MP guards the door.

B. The suspect is believed to be carrying weapons or items that might harm him while in confinement.

C. Must be conducted by qualified medical personnel of the same gender. D. The PM must be present; all items must be properly tagged with DA Form 4002.

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LESSON 5

PRACTICE EXERCISE

Answer Key and Feedback Item Correct Answer and Feedback 1. D. Illustrate mistakes in everyday... Show mistakes in evidence... (page 5-4, para 3b). 2. B. Prompt investigation can aid in... Prompt investigation can aid in... (page 5-6, para 1c(4)). 3. B. Supervising protection of the crime scene. The operations officer is responsible... (page 5-11, para 7f). 4. A. The basis for selective enforcement is historical data. Statistical data is used for selective... (page 5-12, para 8d). 5. C. Base new patrol activities on recent... Use historical data from recent... (page 5-13, para h(l)(a)). 6. B. Jurisdiction is the limit of government authority. Jurisdiction is the scope or limit of... (page 5-16, para 4a). 7. B. The robber is desperate and quite dangerous. Taking of hostage during a... (page 5-9, para 6c). 8. C. Must be conducted by qualified medical... These searches must be conducted... (page 5-20, para 2e). MP2003 5-26