Download Overview of Military Law Investigations, Agencies, and Commander-Directed Inquiries and more Slides Law in PDF only on Docsity! INTRODUCTION TO MILITARY LAW Investigations Docsity.com This Week … • Introduction to Investigations – Law Enforcement – Commander Directed – Inspector General – Posse Comitatus Docsity.com • AFOSI – FBI “equivalent” – Federal Agents – Felonies – Wide investigative jurisdiction – Joint Investigations w/civilian law enforcement • Security Forces – “Misdemeanors” – Larceny, military offenses – No drugs, no sex offenses • Can work together with AFOSI (JDET) • Other Services – Can run investigation impacting AF member – Coord with AFOSI, usually joint investigation Docsity.com Commander Directed Investigations • Limited Authority – Commanders have inherent authority to investigate matters under their command – Tool to “gather, analyze and record relevant information about matters of interest to those in command” • Systemic/procedural problems • Individual conduct or responsibility • Appoint investigating officer – Legal Advisor appointed – Must preserve commander’s disciplinary options – May involve reading individual rights • Standard of Proof – Preponderance of Evidence (“more likely than not”) – Substantiated/Unsubstantiated and recommendations • Report back to commander • Benefits – Quick and retain control • Legal Review/Recommendations Docsity.com Commander Directed Investigations • Proper Matters – “Command Matters” – Very broad • Procedures • People, processes and materials – Abuse of authority – Fraternization – Missing supplies, derelictions, etc… • Not Proper Matters – Covered by other channels (MEO, Privacy Act) – IG issues: reprisal, restriction, improper mental health evaluation referral – Senior Official Misconduct – “Self-Investigation” – Sexual Assault – Domestic Abuse • Gray Areas – Fraud, waste and abuse – falls within IG, AFOSI and command – UCMJ offenses • A more appropriate agency may be a criminal investigative agency – MEO Docsity.com Posse Comitatus Revisited • Can not “willfully” use any part of Army or Air Force as a “posse comitatus” – Dates back to civil war but still relevant • Oklahoma City Bombing • Katrina – Navy and Marine Corps follow by policy – Can’t assist local law enforcement officials in enforcing civilian laws except where authorized by Constitution or act of Congress • Can’t enforce local laws – Execute local laws on installation for military purpose – Can’t arrest civilians – we “detain” and then turn over to civilain law enforcement • Can engage in “humantiarian” acts (lost child, rescue from destroyed building) – Can’t be subterfuge for violation – Does not apply to off duty conduct • Sanctions – $10,000 – Evidence Suppression Docsity.com • Exceptions – Can provide law enforcement information collected during normal course of military training or operations • Consider needs of local law enforcement • Must turn over drug ops info unless threat to national security – Loan of equipment, or facility • Dogs – Arms, ammo, tactical automotive equipment requires propr coord – Military personnel may provide training on loaned equipment and provide expert advice – SecDef can loan military personnel to operate loaned equipment under limited circumstances • Dogs – US v. Thompson Docsity.com Questions??? Docsity.com
