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  • active duty arrestee

    If an active duty marine is arrested off-duty, should he be reported to his CO? If so, how would the arresting officer approach this and where would he start?

  • #2
    It's been a while for me, but if the arrest was for a misdemeanor, we used to turn the suspect over to military authorities and let them handle matters in house. If it was felony, we booked them in jail and notified the military of their status.
    Going too far is half the pleasure of not getting anywhere

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    • #3
      Originally posted by WKT View Post
      If an active duty marine is arrested off-duty, should he be reported to his CO? If so, how would the arresting officer approach this and where would he start?
      A. Any Military member should be reported to his command if they are arrested.....as they could be charged with being AWOL......and that does cause concern to the Command....as they will have no clue where their people are at....

      B. To start, ask the Military member when you are booking them in. If (for whatever reasons) they refuse to provide that information to you.......call the nearest Military Installations Police Desk and they can help you.... All you need is full name and service. Heck, I can pull that up (I think) from my Army stuff.....

      If you need any more help, PM myself or several others that have experience in Military LE and we can assist you....

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      • #4
        I had one of my boot Marines arrested while on leave in Canada when he got into a fight. My Lt. and company 1st Sgt had to fly up there and bail him out. We were always told that if we were arrested it had to be a member of our Chain of Command to get us out.
        No better friend, no worse enemy.

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        • #5
          I work 10 minutes from the gate at Camp Lejeune. When we deal with marines they are treated like everyone else and most times if they are arrested they are released to an E-6 or higher from the command. They are not counted as AWOL or UA but "In the hands of civilian authorities". Depending on what they do I have seen commands leave them in jail.
          Thus the wise win before the fight, while the ignorant fight to win

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          • #6
            Since our County sits less than a mile away from a major Air Force Base the Base calls our department three times a day checking to see if any Military is in our jail. If we have Military when they call they take a bunch of information from us and either leave them or come and get them. If they leave them they have us tell them to report to their Commanding Officer the next morning.

            About a month ago one of our guys picked up a Marine for DUI who happen to be AWOL. Two Marine MP's from San Diego were out the next morning to take him back. From what I was told it was a very impressive sight to see how professional they were.
            Some people were just dropped on their heads as children more than the rest of us!

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            • #7
              Originally posted by nebraska_deputy View Post
              Two Marine MP's from San Diego were out the next morning to take him back. From what I was told it was a very impressive sight to see how professional they were.
              Agreed! The MP law enforcement uniforms are quite impressive!

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              • #8
                For the Army unless he/she alledgedly committed x crimes against humanity the local PD would turn the Soldier over to the MP's who could not detain them for longer than a couple of hours. They (MP's) would call the unit Commander/First Sergeant to come get them. In the event of a really heinous act we had a Squad trained to be escorts and a shackle detail. (Soldiers from the unit and not MP's) that would transport them to the nearest Military Detention Facility and drop them off until the Military tipped the scales of justice and they had their day in court.
                "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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                • #9
                  Since our County sits less than a mile away from a major Air Force Base the Base calls our department three times a day checking to see if any Military is in our jail.
                  Went through the same ordeal with the Air Force when Eaker AFB was just outside of Blytheville and I worked for the PD there. We didn't arrest a lot of military personnel, but a few. We caught a couple of them one night stealing an advertisement banner from the local Sonic. Don't know what they were going to do with it, they probably didn't either. Plus they were drunk.

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                  • #10
                    Originally posted by WKT View Post
                    If an active duty marine is arrested off-duty, should he be reported to his CO? If so, how would the arresting officer approach this and where would he start?
                    Are you required by statute to inform the military of the arrest? Generally no. Certainly not under federal law, but I suppose your state may have some law requiring it.

                    However, your agency or local government may have an agreement with nearby military installations agreeing to inform them of all arrests of military members. If that is the case you should comply with your agency policy regarding such agreements.

                    Generally it's not your job to keep the military informed of what happens to their people who are stupid enough to get arrested. If the military person doesn't want to be considered AWOL he better use his calls to a) get a lawyer, b) find someone to help him post bond, c) alert someone in his chain of command regarding his legal problems.

                    If a military member gets himself jammed up by the local PD off base, or on base in areas of concurrent jurisdiction, it's his problem to deal with the military not yours. As I said, the exception would be if your agency/local government has made an agreement with nearby military bases to inform them, and then you should comply with agency policy.

                    All that being said, the military LE folks may appreciate the intel regarding the military member who is a suspect in your case. Especially if it's more than just a minor crime. Since there are military members who are part of gangs, continuing criminal enterprises, and criminal conspiracies, the investigative agencies on base (AFOSI, Army CID, NCIS, CGIS) might want to know about serious problems with a military member which may provide leads on other suspects.
                    Last edited by SA13; 08-29-2008, 02:53 AM.

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                    • #11
                      Originally posted by nebraska_deputy View Post
                      Since our County sits less than a mile away from a major Air Force Base the Base calls our department three times a day checking to see if any Military is in our jail. If we have Military when they call they take a bunch of information from us and either leave them or come and get them. If they leave them they have us tell them to report to their Commanding Officer the next morning.

                      About a month ago one of our guys picked up a Marine for DUI who happen to be AWOL. Two Marine MP's from San Diego were out the next morning to take him back. From what I was told it was a very impressive sight to see how professional they were.
                      I am a cop in the AF and our desk calls ever morning at 4am I think it is, to see if anybody is down at the jail that is military or AF.
                      "Saying guns cause crime is like saying pencils cause spelling mistakes"

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                      • #12
                        Originally posted by airforce81 View Post
                        . . . military or AF.
                        Now that's funny!

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                        • #13
                          Originally posted by SA13 View Post
                          Now that's funny!
                          I'll leave my coment to that
                          Last edited by Army_Soldier; 08-29-2008, 03:17 PM. Reason: .
                          I don't need probable cause to search your vehicle... AR 190-5.

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                          • #14
                            Originally posted by WKT View Post
                            If an active duty marine is arrested off-duty, should he be reported to his CO? If so, how would the arresting officer approach this and where would he start?
                            Take them to jail and inform the MP station on their base that they are in jail, don't call the unit. Shat rolls down hill, and when it hits the blotter that they were arrested in town, The result is worse than if you call someone in their command to pick them up.

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                            • #15
                              He's been taking care of....

                              The OP lives/works in Arkansas and the person he arrest is in the USMC in North Carolina.... There isn't but a handfull of Military Bases in Arkansas....so they don't deal with them that much.....

                              I passed all the info on to him that he needs to let this idiot's CO/1SG know about his antics while he was on leave.......

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