ANSWERS |LATEST VERSION 2025\26 |VERIFIED |COMPLETE
Terms in this set (169)
-Persons "subject to the
code" Meaning:
-Active Duty
EPO 2) OSI Jurisdiction & -Reservists
Authority -Guard on Title 10 Status
-Cadets & Midshipmen
-POW's in US custody
-Retirees -> entitled to pay (SECAF Approval)
Anyone "subject to the code"
World Wide Authority
Anywhere in the world as long as subject to code
-Exclusive: Fed only
Jurisdiction -Concurrent: Fed & State
-Proprietary: State only
On-Base Jurisdiction OSI (except for foreign suspects & victims)
, Host Nation
-> BUT, check the SOFA! (Status of Forces Agreement)
Off-Base Jurisdiction -Offenses only involving US laws, citizens, and property
-Offenses committed by US personnel within scope their
employment
-Any offense
Fed & State crimes:
-committed by military members
UCMJ
-limited investigations of civilians meaning there needs to
a primary military purpose/ military nexus
think fraud, bribery, theft of gov't property, drugs.
OSI investigates all crimes of sexual assault, but consider:
-Personal jurisdiction: subject isn't military? Notify local LE or FBI
Sexual Assault
-Concurrent: notify local LE
-Proprietary: provide support as needed
Military Extraterritorial Allows civilians with US forces overseas to be prosecuted
Jurisdiction Act (MEJA) -prior to MEJA there was a jurisdictional gap
-Act was committed outside CONUS
-Act is a felony
MEJA Applies if: -Subject is employed by or accompanying US armed forces
when offense is committed
Ex) civilian employees, contractors, dependents
, -Art 2: now applies to persons with or accompanying an armed
force in the field during a CONTINGENCY OPERATION
-"subject to the code," can be court martialed
UCMJ Art 2 -Requires extensive DOJ coordination/notice. DOJ gets priority
(UCMJ statute of limits is generally 5 yrs)
ex) Blackwater in Iraq 2007
Apprehension = arrest for military
-Custody
EPO 3) Civilian Arrest Authority/
-PC
Military Apprehension
-Jurisdiction
Authorities include RCM 302b, UCMJ Art 7, AFOSIMAN 71-113
In public: DOES NOT require warrant or authorization
In private dwelling: DOES require warrant or authorization
-doesn't include barracks/dorms
-Military housing for a family is considered a dwelling (REP)
Authority to Apprehend Military
AF Form 3226: Authority to apprehend in a dwelling (use for
dorms as well to be safe)
-If verbal PC, take one duty day to complete form after
Any OSI agent can apprehend anyone subject to UCMJ
Military Subject
-not based on rank
-Civilian OSI agents may arrest
Civilian Subject
-Military OSI agents may DETAIN but NOT apprehend
, -minimum force
-reasonable period of time
-consult JAG
Detention of Civilians
-have arrest authority respond ASAP (Civilian OSI agent, other
LEOs)
-comply w/ SOFA overseas
Needs Military purpose/nexus
-PC for felony
Civilian Arrests
-coordinated all activities w/ AUSA
-only within CONUS
-ALL agents have authority
Authority to Execute Federal : On-base & off-base
SW's PC
Need military nexus
-concurrence of AUSA
How do I get Federal SW? -coordinate w/ JAG
-conducted w/ local LE
-Cannot use the military to enforce or assist in enforcement of
civilian laws
EPO 4) Posse Comitatus (18 USC
-Must establish a primary military purpose (nexus)
1385)
ex) civilian trafficking drugs on base is valid