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10. DISCIPLINE a. The efficient performance of the varied
and responsible duties with which the military police are
charged depends to a great extent upon their state of
discipline. Consequently, commanders of military police
organizations stress training that tends to promote
discipline. Special attention must be given to drills,
military courtesy, prompt obedience, and personal
appearance. b. Military policemen are not quartered or
rationed with other troops if this can possibly be
avoided. Likewise, soldiers from other organizations are
not attached to military police units for rations or
quarters except i n emergencies. c. Members of the
military police are forbidden to receive presents or
gratuities for services rendered in the performance of
their duty.
11. COURTESIES a. Military policemen address all persons
with courtesy, as illustrated by the following:
(1) An officer from whom certain Information is required
is saluted and addressed by saying: "Sir, it is
necessary that I have your name, organization, and
station, because * * *." After completing the
conversation, the military policeman salutes, and says,
"Thank you, sir."
(2) In directing the driver of a car to dim or put out
lights, call out in a tone of voice no louder than
necessary for him to hear: "Dim (or put out) your
lights, please."
b. Whenever a military policeman is called upon to
enforce a new regulation which may cause embarrassment,
he should be furnished with and have in his possession a
copy of the regulation so that it can be shown to the
violator. In every such case the violator will first be
informed courteously of the regulation on the assumption
that his violation was in ignorance of its existence.
12. IDENTIFICATION. a. Members of a military police
organization wear on their left sleeves brassards as
prescribed in Army Regulations. Brassards are worn only
when performing military police duty. b. At night or
during other conditions of low visibility, a military
policeman clearly identifies himself at once before
directing or questioning an officer or other person.
13. RELATIONSHIPS. a,. A military policeman on duty is
entitled to the respect of all persons subject to
military law. Resistance to the orders of competent
authority which a military policeman is required to
enforce constitutes a serious military offense. When not
on duty, a member of the military police has no police
authority other than the limited authority to arrest
possessed by the private person (par. 15c). b. As a rule,
military policemen on duty are not reprimanded or placed
in arrest except by the superiors under whom they are
serving. In exceptional cases, other officers may order
their arrest but the officer taking such action must be
personally answerable for the consequences of his act. As
a usual procedure when a breach of discipline or
violation of orders on the part of a military policeman
on duty is noted by an officer, the latter obtains the
soldier's name and organization and either prefers
charges against him or reports the incident to the
nearest provost marshal. Military police are instructed
to give their name, grade, and organization and to show
their identification tag on request of an officer. c. In
an emergency the military police may call upon any troops
to assist them in the execution of their duties,
including the making of arrests. When the time and
circumstances permit, such request should be made to the
commanding officer of troops.
14. MILITARY AND CIVIL JURISDICTION. a. Due to the manner
in which acquired, different posts, camps, or stations
are subject to varying degrees of civil jurisdiction.
Those posts, camps, or stations set aside from the public
domain are subject only to Federal jurisdiction, military
or nonmilitary. Those posts acquired by purchase or grant
from the States within which located are subject to such
local civil jurisdiction as was definitely specified in
the State act making the sale or grant of land. Military
police, particularly officers, should be familiar with
the local situation to prevent the possibility of
conflict of jurisdiction. b. Military jurisdiction may be
extended in periods of domestic disturbance by
establishment of martial rule. In the theater of
operations, or in an area under military government,
military authority prevails. The legal bases for such
powers are contained in various Field Manuals and
regulations and in the orders issued by appropriate
commanders.
15. ARRESTS. a. Authority Military policemen may arrest
any person subject to military law who is guilty of a
violation of the police regulations of the command or
whose conduct is such that restraint is necessary. On
military reservations where the United States has
exclusive jurisdiction and in the theater of operations
the military police, in proper cases, may arrest persons
whether or not they are in the military service. b.
Trivial offenses. Military personnel are not ordinarily
arrested for trivial offenses. A warning or a written
report to the offender's commanding officer usually
suffices in case of a minor offense. When a military
policeman warns an offender, he invites attention to the
particular regulation violated. The warning should not be
in the form of a reprimand. A written report rendered on
the infraction of a regulation includes the offender's
name, rank or grade, and organization; the nature, time,
and place of offense; and a list of witnesses. c. Crime A
member of the military police, whether or not on duty as
such, has the authority to arrest possessed by a private
person; namely, to arrest without a warrant for a felony
or a breach of the peace committed in his presence and
for a felony not committed in his presence if the felony
has in fact been committed and he has reasonable cause to
suspect thereof the person arrested. In some
jurisdictions, the right of a private person to arrest
without a warrant is regulated by statute and by
ordinance. Members of the military police should
familiarize themselves with the local law on this
subject. d. Use of force. To make an arrest, such force
as is necessary may be used. The use of more force than
necessary renders the officer or soldier executing the
arrest civilly amenable. When operating on territory
under military jurisdiction or against persons subject to
military law, a military policeman making an arrest is
justified in using such force as is necessary to secure
and detain the offender, overcome his resistance prevent
his escape, and recapture him if he escapes, but he is
never justified in using unnecessary force or treating
his prisoner with wanton violence or in resorting to
dangerous means where the arrest could be effected
otherwise. e. Entry of houses to make arrests. In any of
the places where the military police have unlimited
jurisdiction, they may be authorized by the commanding
officer in specific cases to enter any public building
under military control, using force if required. Outside
such places, the military police may make arrests of
persons subject to military law in such parts of public
houses as are devoted to public purposes. However, they
are not authorized to make forcible entrance into a
private dwelling except under the same circumstances
which would justify a private citizen in doing so, that
is, to prevent the commission of a felony or to apprehend
a felon. When, against the will of the owner, it is
desired to enter a private dwelling outside the area
where the military police have unlimited police
jurisdiction (except where private citizens are
authorized to force entrance), a search warrant will be
procured through the civil authorities.
16. SEARCH OF PRISONERS when necessary for the military
police to search a prisoner, two members, one a
noncommissioned officer if available, should be present,
and a statement, of his effects, including amount of
cash, is entered in a book kept for the purpose, and the
entry is signed by both. Existing regulations regarding
the effects of prisoners are strictly complied with.
Officers are searched only under the personal supervision
of the provost marshal, assistant provost marshal, or any
officer of the military police.
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