Apprehension

(a) Definition and scope. (1) Definition. Apprehension is the taking of a person into custody. (2) Scope. This rule applies only to apprehensions made by persons authorized to do so under subsection (b) of this rule with respect to offenses subject to trial by court-martial. Nothing in this rule limits the authority of federal law enforcement officials to apprehend persons, whether or not subject to trial by court-martial, to the extent permitted by applicable enabling statutes and other law. (b) Who may apprehend. The following officials may apprehend any person subject to trial by court-martial: (1) Military law enforcement officials. Security police, military police, master at arms personnel, members of the shore patrol, and persons designated by proper authorities to perform military criminal investigative, guard, or police duties, whether subject to the UCMJ or not, when in each of the foregoing instances, the official making the apprehension is in the execution of law enforcement duties; warrant, officers. All and noncommissioned commissioned, warrant, petty, and noncommissioned officers on active duty or inactive duty training; (2) Commissioned, petty, (3) Civilians authorized to apprehend deserters. Under Article 8, any civilian officer having authority to apprehend offenders under laws of the United States or of a State, Territory, Commonwealth, or possession, or the District of Columbia, when the apprehension is of a deserter from the armed forces. (c) Grounds for apprehension. A person subject to the UCMJ or trial thereunder may be apprehended for an offense triable by court-martial upon probable cause to apprehend. Probable cause to apprehend exists when there are reasonable grounds to believe that an offense has been or is being committed and the person to be apprehended committed or is committing it. Persons authorized to apprehend under paragraph (b)(2) of this rule may also apprehend persons subject to the UCMJ who take part in quarrels, frays, or disorders, wherever they occur. (d) How an apprehension may be made. (1) In general. An apprehension is made by clearly notifying the person to be apprehended that person is in custody. This notice should be given orally or in writing, but it may be implied by the circumstances. (2) Warrants. Neither warrants nor any other authorizations shall be required for an apprehension under these rules except as required in paragraph (e)(2) of this rule. (3) Use of force. Any person authorized under these rules to make an apprehension may use such force and means the reasonably circumstances to effect the apprehension. (e) Where an apprehension may be made. necessary under as (1) In general. An apprehension may be made at any place, except as provided in paragraph (e)(2) of this rule. (2) Private dwellings. A private dwelling includes dwellings, on or off a military installation, such as single family houses, duplexes, and apartments. The quarters may be owned, leased, or rented by the residents, or assigned, and may be occupied on a temporary or permanent basis. “Private dwelling” does not include the following, whether or not subdivided into individual units: living areas in military barracks, field vessels, aircraft, vehicles, encampments, and similar places. No person may enter a private dwelling for the purpose of making an apprehension under these rules unless: tents, bunkers, (A) Pursuant to consent under Mil. R. Evid. 314(e) or 316(c)(3); (B) There is a reasonable belief that the delay necessary to obtain a search warrant or search authorization would result in the person sought to be II-11 taken into custody evading apprehension; (C) In the case of a private dwelling which is military property or under military control, or nonmilitary property in a foreign country (i) if the person to be apprehended is a resident of the private dwelling, there exists, at the time of the entry, reason to believe that the person to be apprehended is present in the dwelling, and the apprehension has been authorized by an official listed in Mil. R. Evid. 315(d) upon a determination that probable cause to apprehend the person exists; or (ii) if the person to be apprehended is not a resident of the private dwelling, the entry has been authorized by an official listed in Mil. R. Evid. 315(d) upon a determination that probable cause exists to apprehend the person and to believe that the person to be apprehended is or will be present at the time of the entry. (D) In the case of a private dwelling not included in subparagraph (e)(2)(C) of this rule, (i) if the person to be apprehended is a resident of the private dwelling, there exists at the time of the entry, reason to believe that the person to be apprehended is present and the apprehension is authorized by an arrest warrant issued by competent civilian authority; or (ii) if the person to be apprehended is not a resident of the private dwelling, the apprehension is authorized by an arrest warrant and the entry is authorized by a search warrant, each issued by competent civilian authority. A person who is not a resident of the private dwelling entered may not challenge the legality of an apprehension of that person on the basis of failure to secure a warrant or authorization to enter that dwelling, or on the basis of the sufficiency of such a warrant or authorization. Nothing in paragraph (e)(2)) affects the legality of an apprehension which is incident to otherwise lawful presence in a private dwelling. inquiry into reported