Criminal Investigations
Service members accused of crimes are afforded certain protections.
A commander, investigator or other person acting on behalf of the government must advise a service member of his/her rights under Article 31 of the Uniform Code of Military Justice when he/she reasonably suspects that the member has committed a crime.
If a suspect waives his/\her rights, the investigator may proceed with questioning. If the member wants to remain silent or consult with an attorney, the investigator should immediately cease questioning.
If charges have been preferred against the service member, defense counsel must be present before questioning the member about the preferred charges.
If any of these rights are violated during the questioning, any statement obtained from the accused that might have been used against the accused -- and any evidence derived from the statement -- will be excluded from evidence.
If the service member was previously questioned without a rights warning, the investigator can advise the service member that the prior statement may not be used against him/her, and advise the member of his/her rights prior to questioning.
A confession must be voluntary, and not the result of threats or false promises.
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Suspension of favorable personnel actions is mandatory if an investigation that may result in disciplinary action or financial loss is initiated on a Soldier by military or civilian authorities, or if a Soldier is arrested.
Military services investigate accidents to determine the facts and causes in order to prevent future accidents, to assess liability, and to initiate corrective actions.
Naval commanders conduct investigations in accordance with the Manual of the Judge Advocate General (JAGMAN).
Commanders have the inherent authority to investigate any matter under their responsibility, unless otherwise limited or prohibited, for the purpose of furthering good order and discipline.
Commanders have an inherent authority to investigate matters under their command.
A Commander Directed Investigation, or CDI, is a tool to gather information regarding systemic problems or to look into matters involving individual conduct or responsibility.
If a commander receives information that a member of his command is suspected of committing an offense punishable under the Uniform Code of Military Justice (UCMJ), he should direct a preliminary inquiry into the charge(s).
A commander may inspect and authorize probable cause searches and seizures of persons and property under his or her command.
A search authorization must be based upon probable cause. Probable cause exists when there is a reasonable belief that the items connected with criminal activity are located in the place or on the person to be searched.
Service members accused of crimes are afforded certain protections.
You must advise a service member of his rights under Article 31, UCMJ when you reasonably suspect he has committed a crime prior to questioning. You do not need to advise a witness not suspected of committing an offense of his rights -- even during official questioning.
