ATP 3-39.10 POLICE OPERATIONS (AUGUST 2021)

Chapter 4

4-12

ATP 3-39.10

24 August 2021

a committed by a casual acquaintance will go unreported more often than a crime that is committed by a

complete stranger.
4-54.

Police intelligence products (crime statistics, predictive analysis) can be critical enablers to many crime

prevention efforts. These products can help identify specific areas of concern and focus efforts. Military

police personnel have the expertise to analyze data, identify major problems, and develop lists of possible

countermeasures.

SECTION II – POLICING STRATEGIES

4-55.

Policing strategies and approaches vary depending on the community, the agency, and other

operational and environmental considerations. Several policing strategies and frameworks have been

developed and implemented over the years with varying degrees of success. When selecting a policing

strategy, military police leadership must determine the greatest priority for policing within the AO or

jurisdiction. When the primary goal is to establish rapport and legitimacy with the populace, models that

stress community involvement and interaction (community-oriented approaches, problem-oriented

approaches) are the preferred modes. If crime reduction is the greatest concern, then the problem-oriented

policing approach, harmed focus policing approach or the focused deterrence approach may be more viable.
4-56.

A thorough understanding of different policing models and strategies will assist leaders in forming the

best strategy or combination of strategies for their AO or jurisdiction. This section provides overviews and

assessments for six different categories of policing strategies and frameworks: place-based, problem-based,

person-focused, community-based, intelligence-based, and environmental-focused (see figure 4-2). The

strategies listed are not all-inclusive but provide a good overview of the more prevalent and widely embraced

policing models.

Figure 4-2. Policing strategies and frameworks

4-57.

Many of these strategies and frameworks have distinct similarities in their application and is evidence

of a normal evolution in policing strategies. Academically, many of these strategies and frameworks are

developed and analyzed as stand-alone approaches; police agencies virtually never implement a single

Policing Measures and Strategies

24 August 2021

ATP 3-39.10

4-13

policing strategy across an entire AO or jurisdiction. Typically, military police apply a combination of

differing strategies in a hybrid approach. Depending on the problems, military police may be able to achieve

greater synergies and complementary effects by integrating components from different strategies into a

unified approach greater than the results achieved by employing a single method.

PLACES-BASED APPROACHES

4-58.

Places-based policing is not the employment of policing strategies and frameworks to an AO. Military

police typically identify their AO as a specific patrol area, a tactical AO (for example, support area) or a base

or base camp. Places-based policing focuses on a more specific location where crime is highest as opposed

to attempting to employ crime prevention across entire AO, such as a block of streets or street corner, a

community center, or an address where crime is high. Military police use hot-spots policing and predictive

policing to maintain safe and secure environments and prevent crime and disorder in specific areas where

crime has concentrated.

OTS

SPOTS

OLICING

4-59.

Hot-spots policing is based on the theory that crime does not occur evenly across an AO and that crime

is clustered in small areas (hot spots). Unlike random patrols and rapid responses, hot-spots policing is

intelligence driven. It requires a police intelligence capability to identify where and when crime concentrates;

the types of crimes occurring; and factors driving criminal opportunities and security vulnerabilities.
4-60.

Hot-spots policing uses crime pattern analysis (see ATP 3-39.20) to identify patterns, trends, and

association of criminal activity throughout an AO. Crime pattern analysis seeks to identify and map the

occurrence of a specific activity or incident over a particular geographic area, and crime pattern analysis

emphasizes the use of graphics to depict the activity and emerging patterns. This further enables the police

intelligence analyst to identify hot spots and facilitates geographic profiling to predict potential occurrences.

Once an area has been identified as a hot spot, it should be targeted by an increase of policing activities.
4-61.

Based on the police intelligence assessments, military police design tailored strategies and employ

tactics and resources against crime hot-spots. Military police employ focused police patrols (mobile and foot)

at specific times and places; integrate situational crime prevention and crime prevention through

environmental design principles and techniques; and conduct surveillance at crime hot spots in order to

contain, reduce, and prevent crime and disorder.
4-62.

During large-scale combat operations commanders have traditionally employed aspects of hot-spots

policing in their analysis and assessments of high concentrations of threat activities such as sniper attacks,

indirect fire attacks, and improvised explosive device detonations. Military police integrate police

intelligence operations during police operations to identify likely hot spots for threat activities and hazards.

This allows military police to employ resources and capabilities in specific locations and at specific times to

enhance their abilities target threats and hazards enabling operational success.
4-63.

Studies have found that hot-spots policing interventions tend to diffuse crime reduction and prevention

benefits as opposed to displacing crime into areas immediately surrounding the targeted locations. Most

studies conducted to date have focused on assessing short-term crime prevention effects and outcomes so it

is not known if hot-spots policing interventions achieve sustained and enduring crime prevention outcomes

over long-term periods.

REDICTIVE

OLICING

4-64.

Predictive policing is the collection of police information from different sources, the analysis of

information, and the use of police intelligence products to enable military police to predict, prevent, and

respond more effectively to potential criminal activity throughout an AO. Military police have employed

aspects of predictive analysis during current campaigns and past conflicts with success to target hazards,

crime conducive conditions and threats.
4-65.

The goal of predictive policing is to become less reactive by planning for future criminal activity and

implementing law enforcement control measures to change potential crime activity. Predictive policing is a

collective combination of the key elements of various policing models and strategies (broken-window theory,

Chapter 4

4-14

ATP 3-39.10

24 August 2021

community-oriented policing, computer statistics, problem-oriented policing, intelligence-led policing, and

other proven policing models).
4-66.

Predictive policing also requires a police intelligence capability to support the data collection and

analysis used by the predictive algorithms (see ATP 3-39.20). The combination of police intelligence

assessments and algorithms’ outputs can enable police to predict which crimes may occur by type, time, and

location; predict offenders; and predict victims. Military police use the results of these assessments to inform

not only the design of their crime prevention interventions, but also on when and where to employ military

police capabilities based on predicted times and locations.

PROBLEM-BASED APPROACHES

4-67.

Problem-based approaches encourage solutions that are preventive. Rather than create a solution from

a law enforcement-focused view, problem-based approaches seek to create a broad-base of solutions to a

problem. Military police use analysis from clusters of related or similar incidents and elements outside the

traditional criminal justice system to develop effective strategies to address the condition or specific criminal

problem.

ROBLEM

-O

RIENTED

OLICING

4-68.

Problem-oriented policing is an analytical method for designing, implementing, and assessing crime

prevention and reduction strategies and tactics. Military police employ a cyclic process known as scanning,

analysis, response, and assessment (SARA) to enable detection and understanding of public safety problems,

such as chronic issues pertaining to crime, disorder, and the fear of crime. They use the results from their

problem analysis to inform tailored crime prevention strategies and tactics to mitigate or resolve the

underlying factors contributing to the public safety problems. Problem-oriented policing does not advocate a

specific set of tactics for military police to employ. Instead, military police have broad flexibility to employ

tactics they assess most effective at solving problems. Military police use the assessment phase of the SARA

process to ensure the effectiveness and efficiency of their policing strategies and tactics. If required military

police make necessary adjustments until they achieve their desired prevention effects and outcomes.
4-69.

The problem-oriented policing SARA process (see ATP 3-39.20) is a viable and effective process that

military police company-level units and below benefit from using. SARA enables their ability to effectively

identify and understand the types of chronic security problems throughout their AO. Military police units at

the company and below level incorporate the SARA process into their planning and operations as a

complementary framework to the troop leading procedures to inform the design and implementation of

interventions enabling partners to solve problems, target threats, hazards, and unsafe conditions, and build

enduring relationships.

HIRD

-P

ARTY

OLICING

4-70.

Third-party policing is similar in many aspects to other strategies such as problem-oriented policing.

Under third-party policing, military police leverage and work with mission and community partners to help

solve public safety problems. Many partners, such as housing authorities and social services, have different

authorities and access to unique resources that military police do not. Third-parties also have different

perspectives and understandings of problems that may provide military police with insights and critical

information that may have been overlooked during their analyses of the problem; in some instances, partners,

such as neighborhood residents, may be aware of problems that military police have yet to detect. Third-party

policing generates significant short-term reductions in crime and disorder. A distribution of crime-control

benefits may be seen in nearby areas.
4-71.

Military police integrate third-party policing principles and techniques into their plans and operations

across the range of military operations. Incorporating third-parties into military operations is consistent to

building partner capacity efforts and recognizes the reality that Army forces operate as part of joint,

interorganizational, and multinational teams during large-scale combat operations. Third-party policing could

be used to inform the design and implementation of interventions enabling partners to solve problems, target

threats, hazards, and unsafe conditions, and build enduring relationships.

Policing Measures and Strategies

24 August 2021

ATP 3-39.10

4-15

PERSON-FOCUSED APPROACHES

4-72.

Person-focused approaches enable military police to focus on crime among a small percentage of the

criminal population. It employs focused deterrence and stop, frisk, and question strategies to identify

problems and their causes and then prevent future crime by tailoring solutions on specifics to affect the cause.

OCUSED

ETERRENCE

4-73.

Focused deterrence attempts to deter crime by directly confronting known criminal offenders with

specifically tailored, legally permissible interventions that are designed to encourage offenders from desisting

from further criminal activities. Legally permissible interventions could include presenting a combination of

both incentives (such as social services, health services, job training services, and support on leaving gangs)

and disincentives (such as the clear explanation of likely increased attention by law enforcement, to include

potential arrest, if the offender continues to engage in criminal activities). The presentation of incentives and

disincentives to known and high-risk offenders may occur as part of broader crime prevention strategies and

or other policing approaches.
4-74.

Focused deterrence achieves significant crime reduction effects and outcomes over both short-term

and long-term periods. This is not a strategy normally used by military police in a garrison environment, but

its principles and tactics may be useful to employ in support of stability operations as a way to deter and

prevent threat activities.

TOP

UESTION

AND

RISK

4-75.

Under stop, question, and frisk military police use their legal authority to stop people when they

observe unusual conduct which leads them to believe that the person they are stopping may either be about

to commit a crime; may have committed a crime; or may be armed and dangerous. In the course of

investigating this behavior the military police identify themselves and makes reasonable inquiries about the

person’s suspicious activities. If military police make inquiries of the person’s activities and nothing

dismisses the suspicious conduct, military police may conduct a limited search of the outer clothing in an

attempt to discover weapons for the protection of themselves and others in the area. The search must be

confined in scope to discover guns, knives, clubs, or other instruments that could be used to harm military

police or others. While military police can employ this approach in response to reported crimes, military

police may also use this approach as a way to deter and prevent crimes from occurring throughout their AO

if so authorized.
4-76.

Military police may also apply stop, question, and frisk when attempting to counter unconventional

and irregular threat forces across the range of military operations. However, based on reported community

perceptions on police abuse of power and discriminatory practices associated with this approach, it is

recommended that leaders implement clear policies and sufficient training be provided to mitigate potential

adverse responses by communities and populations. Stop, question, and frisk is effective at targeting threats

in high crime areas and has also lowered crime rates throughout these areas but it could undermine the

building of enduring relationships throughout the community. Leaders enacting such policies should consult

their servicing Office of the Staff Judge Advocate for guidance on legally implementing such policies. For

additional information see chapter 5.

COMMUNITY-BASED APPROACHES

4-77.

Community-based approaches recognizes that military police can rarely solve public safety problems

alone. This strategy encourages long-term partnerships between military police, members of the community,

and Army leadership. The geographic stability required in community-based approaches may inherently

force a degree of organizational transformation. This approach encourages interactive partnerships with a

wide range of relevant stakeholders to develop solutions to problems through collaborative problem solving

and improved community trust and confidence.
4-78.

Community-based approaches could be problematic and difficult for Army law enforcement. Cyclical

rotations between bases and base camps and troop rotations supporting expeditionary requirements make

consistent and long-term relationships and a situational understanding of the community are likewise

Chapter 4

4-16

ATP 3-39.10

24 August 2021

complicated by rotations of military families within Army communities. The steady rotation of families in

and out of Army housing areas constantly changes the dynamics of neighborhoods. This significant change

is more magnified than in the typical civilian neighborhood.

OMMUNITY

-O

RIENTED

OLICING

4-79.

Community policing promotes organizational strategies that support the logical use of partnerships and

problem-solving techniques to proactively address the immediate conditions that give rise to public safety

issues such as crime, social disorder, and fear of crime. The foundation to community policing is effective

and enduring partnerships between military police and the communities they serve. Together, they work to

identify problems and the solutions and resources required to solve or mitigate the problems. There are three

inter-related elements to community policing:



Citizen involvement in identifying and addressing public safety concerns.



Decentralization of decision making to encourage development of local responses to locally

defined problems



Problem solving to respond to community crime and disorder concerns.

4-80.

Community policing has evolved over time to include the goals of crime prevention and reduction;

building collective efficacy and empowerment; promoting procedural justice and legitimacy; and increasing

police accountability. Community policing programs generates positive effects on citizen satisfaction,

perceptions of disorder, and police legitimacy. Military police and mission partners could employ community

policing concepts during stability operations to inform interventions by enabling partners to solve problems

and by building enduring relationships. Academic research has found community-oriented policing to have

limited benefits in reducing crime and disorder and to effectively target threats and hazards.

ROCEDURAL

USTICE

OLICING

4-81.

Procedural justice policing emphasizes the need for military police to interact with community

members in a just, objective, and fair manner. Its goals are to bolster police legitimacy, promote positive and

trusting police-community relationships, and encourage citizens’ voluntary compliance to laws through

military police lawful and fair execution of their authorities. The approach encourages four main

characteristics of military police behavior that are viewed as affecting perceptions of police legitimacy:



Military police provide the public opportunities to voice their concerns and issues.



Military police make decisions in ways that the public view as neutral, consistent, and objective.



Military police treat people with dignity, courtesy, and respect; and



People believe military police actions and motives are trustworthy, benevolent, and measured.

ROKEN

INDOWS

OLICING

4-82.

Broken windows policing (also referred to as disorder policing, order maintenance, or zero tolerance

policing) claims that physical and social disorder are contributing factors to crime and fear of crime. By

resolving disorder problems, military police crime prevention and reduction strategies can begin to take root

and achieve enduring effects and outcomes. Military police focus on strengthening both formal and informal

social controls as a way to resolve disorder problems and to build more resilient and cohesive communities.

Tactics common to broken windows policing may include strict enforcement of laws and codes, issue

warnings and citations, and integration of community partners into policing strategies (gaining support and

resources from the department of public works to fix street lights and clean up trash). Broken windows

policing interventions that use place-based and problem-solving practices to reduce social and physical order

have achieved short-term crime reduction outcomes.
4-83.

Broken windows policing principles in support of targeting hazards and crime conducive conditions

mitigate and counter factors contributing to persistent disorder. However, military police should ensure that

the interventions used neither violate the trust nor create perceptions within communities and populations

that could undermine the ability to enable partners to solve problems and build enduring relationships.

Policing Measures and Strategies

24 August 2021

ATP 3-39.10

4-17

INTELLIGENCE-BASED APPROACHES

4-84.

Intelligence-led policing focuses on key criminal activities and conditions that contribute to crime and

other public safety problems. It emphasizes the use of police intelligence to drive police operations.

Intelligence-led policing is similar to the framework of the military police integrated task police intelligence

operations (see ATP 3-39.20). Intelligence-led policing recognizes the need to use criminal intelligence and

crime analysis to take a comprehensive and holistic approach to identifying, understanding, and solving

chronic public safety problems, such as crime, disorder, and fear of crime. Intelligence-driven police

operations enable military police and their partners to concentrate (mass) personnel, capabilities, and

resources on crime hot spots instead of attempting to cover large areas with limited resources.
4-85.

Commanders establish information requirements to drive police intelligence operations. Law

enforcement patrols and specialty sections (military police investigator, traffic, and so forth) collect police

information and submit it to police intelligence analysts for analysis. Police intelligence analysts identify

trends, patterns, and associations and provide assessments to inform strategies to prevent, mitigate, or

interdict criminal activity. Within the organization, law enforcement patrol personnel must be trained to

observe and report information through appropriate channels for input and analysis in the police intelligence

cycle. Supervisory and administrative support personnel must likewise be trained to forward information that

is reported by patrol personnel. Once crime trends, patterns, or conditions are identified and quantified

through intelligence assessments, repeat offenders or chronic crime-conducive conditions can be targeted.

The primary benefit of intelligence-led policing is that it enables military police to focus limited resources as

effectively as possible to achieve the greatest crime reduction and prevention effects and outcomes.
4-86.

To be effective, intelligence-led policing requires the significant sharing of police information between

law enforcement agencies from all levels of government, including international law enforcement

organizations. Information sharing and collaboration across jurisdictional and agency boundaries enable

police intelligence analysts to obtain a thorough understanding of all information sources, allowing them to

yield products and information that enable police resources to be employed in the most productive manner

possible. The proliferation of fusion centers within the law enforcement community has greatly enhanced

intelligence-led policing capabilities. Intelligence-led policing is best used when the capability is combined

with other policing methods (community-oriented policing, problem-oriented policing, hot-spots policing).

Similar to other policing approaches, intelligence-led policing recognizes the need to work with multiple

stakeholders to solve issues through the analysis of crime, criminal elements, and environments that promote

crime opportunities. However, intelligence-led policing typically employs a wider range of available sources

to produce police intelligence, develop action plans, direct the targeting of criminal elements and activities,

and manage law enforcement resources.

ENVIRONMENTAL APPROACHES

4-87.

Both situational crime prevention and crime prevention thru environmental design offer military

police, security professionals, businesses, and residents various principles, measures, and processes that have

been found highly effective at preventing and reducing crime. The Army has incorporated principles from

both frameworks into its physical security program and antiterrorism program for decades. Many of the

previously mentioned policing approaches incorporate aspects from both frameworks as core components to

their interventions. Military police should continue to incorporate situational crime prevention and crime

prevention thru environmental design into their crime prevention strategies with heavy emphasis on selecting

interventions in support of targeting threats, hazards and harmful conditions.

24 August 2021

ATP 3-39.10

5-1

Chapter 5

Law Enforcement

Law enforcement is an effective way to maintain public order, reduce and defeat crime,

and the fear of crime. Law enforcement includes those activities performed by

personnel authorized by legal authority to compel compliance with, and investigate

violations of laws, directives, and punitive regulations. Typically, law enforcement

activities are conducted by personnel trained as military police and held directly

accountable to the governmental source of their authority.

LAW ENFORCEMENT PATROLS

5-1.

An effective law enforcement patrol is a critical element of any effort to prevent crime, maintain an

orderly, environment and to respond to emergency calls and calls for service (maintain order, apprehend

offenders, protect personnel and resources, and obtain relevant police information). The law enforcement

patrol is responsible for maintaining a routine presence within the community and conducting proactive

measures to help deter and prevent crime from occurring. It is the most visible means by which its proactive

measures help deter and prevent crime from occurring.
5-2.

Military elements conduct patrol operations across all environments to support military operations.

Military police conduct patrol operations in operational environments across the range of military operations.

The characterization of the patrol as a law enforcement patrol depends on the specific mission conducted.
5-3.

When the environment is unstable and characterized predominantly by large-scale combat operations,

law enforcement patrolling is extremely limited and tactical or security patrols will be predominantly

employed. As the environment stabilizes and the focus shifts from strict order maintenance to establishing

the rule of law, more military police patrols are characterized as law enforcement patrols.
5-4.

Military police law enforcement patrols are required within stable environments to maintain order,

protect personnel and resources, prevent and deter criminal activity, and apprehend individuals when

prevention fails. These missions can be in support of U.S. commanders and their assigned AO or in support

of efforts to establish and maintain law and order within an HN population. Military police law enforcement

patrols can also be crucial to restoring order and assisting in the transition from instability to stability. Military

police conducting patrols in support of a police operations mission can also be a significant source of police

information.
5-5.

When supporting contingency operations overseas, military police patrols can also be a valuable source

of tactical information. One of the primary purposes of the patrol is interaction and observation of the local

population. The military police Soldier is highly suited for this unique interaction with local populations.

Military police Soldiers are technically and tactically proficient and are trained to effectively use

interpersonal communications skills. Their character and competence represent the foundation of a trained

and ready Army and unique military police capabilities. Military police Soldiers and leaders exercise mature

judgment and initiative under stressful circumstances and are capable of learning and adapting to meet the

demands of an adaptive and changing enemy and criminal threat.
5-6.

Within operational environments characterized by high violence and instability, military police patrols

are conducted to establish order and provide a visible presence. These patrols are typically focused more on

policing activities intended to support efforts to restore and maintain order and establish civil security.

Military police patrols restore order and focus on acquiring police information; enforcing curfews and other

populace control measures; and identifying and detaining criminals, terrorists, enemy special operations

forces, intelligence agents, and members of belligerent parties. As the operational environment stabilizes and

Chapter 5

5-2

ATP 3-39.10

24 August 2021

initial efforts to establish or reestablish governance by the rule of law develop, military police patrols begin

to support civil control efforts and transition to law enforcement functions that support U.S. and HN efforts.
5-7.

Depending on the operational environment, specific capabilities of the HN police, and their disposition

toward U.S. interests, military police may conduct initial police operations supporting the civil security of

the local population with or without HN involvement. If initial local involvement is not possible, efforts to

establish a friendly HN capacity should begin as soon as feasible to facilitate reconciliation and reconstruction

efforts. During this period of reconciliation and reconstruction, military police may conduct combined police

patrols to train and mentor HN police forces. Military police use combined police operations to help

legitimize and train an HN police force; increase police visibility; build confidence with the local populace

to gain police information; identify potential threats; and improve U.S., multinational, and HN relations. As

police capability and capacity continues to increase, military police patrols become increasingly law

enforcement-focused and typically perform policing tasks in support of the overall law enforcement effort.
5-8.

Military police patrols have the most visible law enforcement element and have the most consistent

and regular contact with the public. Typically, they are also the first to respond to a criminal incident or other

emergency. This constant presence among the public places military police Soldiers in a unique position to

present a positive image to the public through regular contact and assistance. Military police perform several

law enforcement activities as a result of law enforcement patrols, to include—



Crime prevention and deterrence.



Personnel and resource protection.



Service or assistance response calls.



Apprehension of subjects following reported or observed criminal activity.



Crisis and serious incident responses.



Police information, evidence, and material collection.



Traffic management and enforcement.



Crime scene or incident site preservation and security.



Report writing.



Court testimony.



Police engagement and community relations.

Note

Military police must be fair, transparent, and objective in the execution of their duties in

order to earn public support. If not, improper practices and behaviors can undermine the

confidence not only in the police, but with the government as well. Law enforcement patrols can

significantly damage the legitimacy of the police force in the eyes of the public if their actions,

appearance, and manner of engagement with the public are perceived as unprofessional, corrupt,

or excessive.

5-9.

During police operations in support of U.S. military personnel and resources, the military police desk

section operating within the police operations center typically monitors and controls military police patrols.

The desk should shift patrol resources based on incidents occurring during the AO. Typically, the desk

sergeant, in coordination with the patrol supervisor, assigns patrol areas based on the PM or senior military

police commander’s guidance. The commander’s guidance should focus on the need to have patrols focus in

high crime areas as opposed to generic patrol areas. This guidance should be intelligence driven; task and

purpose; and effects and outcomes-based patrol assignments with specific instructions. A law enforcement

patrol briefing should include (at a minimum)—



An assigned patrol area and method of patrol based on police intelligence assessments.



Use of force.



Method of communication.



The mission of the patrol and any special enforcement instructions.



The current force protection condition, to include any recent changes.



Random antiterrorism measures to be conducted in the AO during the patrol period.



Weather and road conditions.

Law Enforcement

24 August 2021

ATP 3-39.10

5-3



Any specific police information requirements to be collected and reported.



Information on any recent criminal or mischievous activity.



Any traffic problems or obstructions within the AO.



Mission-essential vulnerable area and high-risk target coverage.



Special events (concerts, festivals, dignitary visits, redeploying units) and associated special patrol

requirements.



Ongoing investigative and law enforcement activities (law enforcement surveillance, planned

raids).



Additional patrols available during the shift (traffic, military police investigators, MWD, or

conservation officer).



Overview of 4th Amendment search and seizure procedures.

5-10.

Typically, patrols are controlled through the military police chain of command, their operations

section, and S-3 section when supporting civil control and police operations that support an HN population

and when establishing HN police capability and capacity. The military police commander and staff develop

the patrol plan consistent with the mission and intent of the higher command. The military police company

operations center manages and monitors the patrols. The company commander provides a mission briefing

to the platoon leader and other subordinate leaders. Missions within this environment should emphasize the—



Current criminal threat environment.



Locations,

call signs, and frequencies of─



Senior terrain owning unit and other friendly units in the AO.



Response forces.



Medical treatment facilities and medical evacuation assets.



Locations of adjacent police stations.



Distances and times between stations.



Protection status of the stations.



Status of routes in the AO.



Status of HN police forces.



Proficiency of HN police forces.



Equipment status of the indigenous police (weapons, vehicles, uniforms).



Number of police officers available.



Number of U.S. forces available to partner with the indigenous police.

Note.

Peer competitors may attempt to influence the criminal threat environment.

5-11.

Regardless of the location or operational environment, military police patrol personnel must know how

to respond to emergencies that require immediate and informed actions. Procedures for performing self-

protection techniques; requesting emergency medical services; performing HAZMAT operations, and fire

support missions; and responding to other emergency assistance (quick-response force, attack aviation,

unmanned-aircraft systems, terrorist attacks) must be planned, rehearsed, and trained with the same priority

as other critical tasks. Military police patrols maintain constant communications with their S-3 element, the

terrain manager, and adjacent patrols while being continuously aware of other friendly forces operating in

the AO.

PATROL METHODS

5-12.

Basic methods used for conducting police patrols have not drastically changed over the years.

However, advancements in technology and better application of police intelligence assessments have

increased the effectiveness of police patrols. Sophisticated communications, automation, and high-speed data

Chapter 5

5-4

ATP 3-39.10

24 August 2021

information systems have greatly improved patrol response and police information collection and reporting

capabilities. The most common law enforcement patrol types include—



Static (fixed).



Dismounted (foot).



Mounted (vehicle).



Bicycle.



MWD.



Boat or watercraft.



Other specialized patrols (motorcycle, aircraft, snowmobile).

5-13.

Military police use mounted and dismounted patrols. These patrols investigate complaints and crimes,

deliver/employ crime prevention measures in crime hotspots, and establish relationships within the

community by getting to know and assisting the people who work in or visit the local community. During

stability tasks, combined HN police and military police patrols are often crucial to restoring order, controlling

populations, gathering police information, and building confidence in the local police.
5-14.

Patrol methods can vary greatly. The method used for law enforcement patrolling depends on the

specific mission variables, commander or PM guidance, and desired effect. In most cases, no one patrol

method will be employed as a single solution; combinations of different patrol methods will typically be used

to maximize the impact and achieve the desired effect. There are advantages and disadvantages to every

patrol method. The military police staff must weigh these advantages and disadvantages to determine the best

method or combination of methods to be employed. See table 5-1 for a list of advantages and disadvantages

for common patrol methods.

Table 5-1. Advantages and disadvantages of specific patrol types

Patrol Methods

Advantages

Disadvantages

Static (fixed)

•

Surveillance of a specific area,

target, or activity focused

•

Manpower-intensive and loss of flexibility

•

Effectiveness of the patrol reduced

(mundane over long periods)

Dismounted (foot)

•

Effective at reducing and

preventing crime and other problem

areas. Especially in known high

crime areas

•

High degree of community

interaction

•

Greater situational understanding

•

Access to limited visibility or

confined areas

•

Intensive enforcement availability in

densely populated or high crime

areas

•

Coverage area limited

•

Law enforcement personnel safety reduced

(access to backup patrols challenging)

•

Communications equipment limited

•

Response time slower than mounted patrols

•

Greater impact of environmental effects

(weather, pollution)

•

Offenders, victims, or witnesses transport

required

•

Possible personnel transport required to and

from the areas of operation

Mounted (vehicle)

•

High degree of mobility

•

Larger patrol area coverage

•

Greater protection for patrol

personnel

•

Greater access to emergency

equipment due to vehicle load

capacity

•

Longer patrol durations available

•

Access to some areas reduced (without

dismounting)

•

Situational understanding reduced when

enclosed within a vehicle

•

Opportunity and likelihood of community

interaction reduced

•

False sense of security created for patrol

personnel within vehicles

Bicycle

•

Greater mobility than foot patrols

•

Increased saturation of law

enforcement assets in densely

populated or high crime areas

•

Specialized training and equipment required

•

Inability of transport offenders, victims, or

witnesses

Law Enforcement

24 August 2021

ATP 3-39.10

5-5

Table 5-1. Advantages and disadvantages of specific patrol methods (continued)

Patrol Methods

Advantages

Disadvantages

Bicycle (continued)

•

Greater situational understanding

for patrol personnel

•

Greater degree of community

interaction than mounted patrols

•

Greater carrying capability for

protection and communications

equipment than a foot patrol

•

Impact to environmental effects increased

(weather, pollution)

•

Safety reduced and risk to law enforcement

personnel increased

Military working dog

•

Effective visual deterrent to criminal

and threat elements

•

Extremely versatile; can operate

mounted, dismounted, or static

•

Economy of force is maximized

•

Keen sense of smell for—



Drug detection



Explosives detection

•

Human Detection

•

Extensive training and certification required

•

Canine assets limited

•

Environmental conditions adversely impact

military working dogs (heat, cold)

•

Resource-intensive

•

Cultural sensitivity may affect use

•

Unintended bite risk when employed within

crowded areas

Boat and watercraft

•

Capability to cover significant water

obstacles

•

Emergency response capability for

water incidents

•

Overall use limited; extremely specialized

•

Resource-intensive

•

Specialized training requirements are not

readily available within the Army

5-15.

In most police operations, no single patrol method is employed across the entire AO at all times.

Individual patrols and methods are assigned specific patrol areas and methods to target specific problem areas

or initiatives based on the current environment, police intelligence assessments, or a combination of both.

Using a combination of patrol means and methods allows patrols to complement each other and maximize

the advantages of each individual method while reducing the associated risk. Using patrol methods in

combination allows Army law enforcement to balance requirements and expectations to—



Interact with the populace.



Gather or disseminate information.



Reduce the chance of setting identifiable patrol patterns that could be used by criminals to their

advantage.



Effectively provide a deterrent presence for specific locations and times based on police

intelligence.



Enhance their ability to respond to crimes in progress or emergency situations.



Provide multiple means and reinforcing capabilities between various patrol types.

TATIC

IXED

)

ATROLS

5-16.

Static or fixed patrols are used when a law enforcement presence is required to protect or observe a

specific area, person, or activity. These patrols are resource-intensive and are typically used only when there

is significant criminal or other intelligence that suggests an imminent threat to high-risk personnel or assets.
5-17.

Static patrols may be used to conduct surveillance of a specific target to gather information, interdict

an illicit activity, or apprehend a subject. Static patrols may also be employed as a temporary measure during

adverse weather conditions (during ice storms or other environmental conditions that make travel extremely

hazardous). During these conditions, law enforcement patrols may be directed to go static at designated

locations and maintain communications with the operations section or police desk. These elements are

directed to respond only to the most severe incidents until the environmental conditions improve.

ISMOUNTED

OOT

)

ATROLS

5-18.

Dismounted patrols provide significant opportunities for Army law enforcement to enhance

community relations and conduct police engagement by allowing the law enforcement patrol the opportunity

Chapter 5

5-6

ATP 3-39.10

24 August 2021

to interact with the community on a more personal level. This interaction fosters a stronger relationship and

sense of mutual trust and understanding. Additionally, dismounted patrols can provide intensive law

enforcement presence in high-density and high-crime areas.
5-19.

The dismounted patrol can be conducted as the sole method assigned to the patrol element, or it can be

conducted as a directed mission for a mounted patrol. In the latter case, the mounted patrol would dismount

and patrol on foot within designated areas and time frames. Communications with the military police desk or

operations center is critical for officer safety. Patrol personnel who dismount their vehicle to conduct foot

patrols must notify the desk or operations center and report the location and direction of their travel.

Dismounted patrols must maintain communications with the police operations center. Mounted patrol

elements that conduct dismounted patrols should maintain a distance from their patrol vehicle that allows for

immediate return to a mounted posture to enable timely response to emergencies.
5-20.

Dismounted law enforcement patrols are especially beneficial within stability tasks. They may be

conducted by military police alone or as a combined patrol with HN police counterparts. The dismounted

patrol allows interaction with the public. This can help establish trust and a public feeling of legitimacy for

police elements. When working with HN police elements, the HN police should be the lead element as soon

as they are capable; military police Soldiers should maintain a support role. This places the HN police in the

authority position with their own populations and speeds the transition to total HN control.
5-21.

The threat level within the patrol area must always be considered when establishing dismounted

patrols. The dismounted patrol is extremely vulnerable to threats due to reduced protection equipment and

mobility. Deliberate risk management is vital to establish risk mitigation factors that reduce the threat to

dismounted elements to an acceptable level. See ATP 5-19 for information on risk management.

OUNTED

EHICLE

)

ATROLS

5-22.

Mounted patrols assist law enforcement efforts in most environments. They provide a highly mobile

capability that can respond and react to a wide variety of situations. Mounted patrols operating in defined

areas provide a planned continuity of operations and complement the effects of dismounted patrols. Mounted

patrols are also the method of choice for traffic control activities and enforcement of traffic regulations.
5-23.

Mission variables determine the patrol composition, equipment required, and vehicles used. Within

stable environments, military police and other law enforcement agencies typically perform mounted patrol

operations in specially equipped, commercial, nontactical vehicles (sedans, trucks, vans). These vehicles may

be configured with light systems, heavy-duty suspension systems, crash protection devices, and restraint

systems. Police vehicles are typically equipped with law enforcement equipment, to include—



Communications equipment.



Automations equipment.



Special protective gear.



Crisis response kits.

Note.

Army law enforcement personnel must be trained and certified for military emergency

vehicle operation to operate these vehicles and associated equipment safely.

5-24.

In contingency operations, the military police up-armored, high-mobility, multipurpose wheeled

vehicle M1151 is typically used. Typically, the Mine Resistant Ambush Protected-All Terrain Vehicle should

not be used for routine patrolling during police missions due to the limited visibility and the barrier the vehicle

places between military police and the population. The M1151 can be used for very high threat and special-

response situations when interface and communication with the populace is a low priority or not required.

These tactical vehicles provide ballistic protection and are designed for use over all types of roads and in all

weather conditions. They are extremely effective in the most difficult terrain. As the environment transitions

and becomes more stable, Army law enforcement may transition to nontactical vehicles equipped for law

enforcement activities. See appendix D.
5-25.

The base element for a military police patrol within a tactical vehicle is the military police team. It is

composed of a team leader, a driver, and a gunner. The team is trained and equipped to conduct independent

Law Enforcement

24 August 2021

ATP 3-39.10

5-7

tasks as part of a military police section or squad mission. The size of a tactical military police patrol is based

on the threat. In relatively benign environments, individual teams can be employed as a patrol element. At

increased threat levels, squad-size elements may be required to conduct a single patrol mission. This enables

the individual teams to benefit from mutual support and security while operating in a high-threat

environment. In the early stages of a transition to dedicated police operations when the threat remains

elevated, military police law enforcement patrols use tactical vehicles in a manner more consistent with

tactical combat or security patrols more than law enforcement patrols which are conducted within a more

stable environment.
5-26.

Military police law enforcement patrols using nontactical vehicles are typically operating within a

reduced threat environment versus an unstable environment that is associated with many contingency

operations. These law enforcement patrols will typically consist of one vehicle with one or two military police

Soldiers manning the vehicle platform. Careful consideration must be used when determining whether to

employ one- or two-man law enforcement patrols. One-man patrols can result in doubling the number of

patrols operating within an area, thus increasing the perceived police presence within an AO. They can also

stretch limited manpower resources. Two-man patrols may be preferable in high-crime areas and when an

inexperienced force is a concern. Junior grade military police Solders are typically younger and have less

experience and maturity than their civilian law enforcement counterparts. These younger military police

Soldiers may require teaming with a more experienced military police Soldier. When two-man patrols are

not possible due to manpower constraints, patrol assignments should be made so that more experienced

military police Soldiers are assigned to adjacent patrol areas to assist junior military police Soldiers as backup

patrols.
5-27.

Combined mobile patrols are often used to develop partnerships with indigenous and multinational

forces or to train and mentor foreign police forces. These patrols can be critical in HN police development

and transition operations focused on building HN police capability and capacity. Initially, military police

Soldiers and other civilian non-HN police personnel supporting the mission may take the lead role to train

HN police personnel. The goal is always to transition to HN lead and, eventually, to total HN control over

police activities targeting HN populations.

ICYCLE

ATROLS

5-28.

In many locations, bicycle patrols are popular options that allow military police Soldiers or civilian

law enforcement personnel greater access to populated areas. Bicycle patrols are community-oriented assets

that primarily patrol the housing areas, youth centers, school bus stops, schools, and special-event areas.

Bicycle patrols can enforce laws, directives, and regulations and rapidly respond in constricted areas where

accessibility by motorized vehicles is limited.
5-29.

A major benefit of bicycle patrols is the accessibility to the patrol element by the community, thus

enabling positive interaction and police engagement. They can emphasize positive interaction, while

identifying problem areas (ongoing criminal activity, community concerns, areas where crime prevention

measures can be employed). Bicycle patrols normally consist of two-person teams equipped with appropriate

safety items. Commanders must ensure that proper training is conducted before assigning bicycle patrols.

ILITARY

ORKING

ATROLS

5-30.

An MWD team supports a variety of military police operations. They are used in all operational

environments and greatly extend military police capabilities. An MWD patrol can operate mounted (MWDs

only serve as a psychological deterrent while operating in a mounted capacity) or dismounted; however, the

team contribution to law enforcement and policing efforts is most effective when the team is dismounted. An

MWD patrol will typically operate from a mounted platform and dismount to conduct specific patrol duties

and maximize the effectiveness of the team. (See ATP 3-39.34 for additional information on MWD teams.)

MWD team capabilities are most effective when employed for—



Visual and psychological deterrence.



Drug detection.



Explosives detection.



Human Detection.

Chapter 5

5-8

ATP 3-39.10

24 August 2021



Building or area searches.



Entry or access control points.



Traffic and border checkpoints.



Customs support operations.



Commander health and welfare inspections.

OAT AND

ATERCRAFT

ATROLS

5-31.

Many AO are bordered by, or have within their boundaries, large bodies of water, including lakes,

rivers, bays, and other shorelines. A body of water can be of great concern when it lies on a boundary with

an element that is not under U.S. military control or when it bisects the AO. These bodies of water create

natural obstacles and avenues for ingress and egress into the AO.
5-32.

Bodies of water may be used for commerce, trade, modes of transportation, or recreational purposes

by the local population. They can also be used as ingress or egress points by criminal or other threat elements

attempting to access the AO. Regardless, military police may be required to use boats or watercraft to

maintain a patrol capability and presence on these bodies of water to deter threats, respond to threats, and

respond to accidents or other incidents requiring emergency response.
5-33.

The use of boats and watercraft for patrol purposes requires special training and certification to ensure

that Army law enforcement personnel can operate the platform safely and effectively. Military police

commanders and PMs must ensure that Army law enforcement personnel required to use boats or other

watercraft receive adequate training.

THER

PECIALIZED

ATROL

ETHODS

5-34.

Military police operate in a variety of conditions and environments. While not common across the

Army, other patrol means are sometimes required based on the local conditions, terrain, and other factors.

Military police commanders and PMs must be flexible and consider these patrol methods when they prove

feasible and can meet the requirements of the specific AO. They must also understand that any nonstandard

patrol method has its own set of training, licensing, and resource requirements. These requirements must be

researched, understood, and implemented appropriately to ensure that Army law enforcement personnel and

the community are safe and secure. These nonstandard methods can include—



Aviation patrols.



Motorcycle patrols.



All-terrain vehicle patrols.



Horse patrols.



Snowmobile, snowshoe, or ski patrols.



Unmanned aerial systems.

LAW ENFORCEMENT PATROL STRATEGIES

5-35.

There are numerous techniques or strategies commonly used to organize and employ basic law

enforcement patrols. These techniques can be employed using any of the methods discussed in the previous

paragraphs. The patrol strategy (or strategies) used is based on mission variables specific to the AO and the

effects desired. While a single patrol strategy may be used across the entire AO, a combination of techniques

is more commonly employed to achieve the desired effect. The PM, commander, and staff must conduct

mission analysis to determine the patrol strategies that will be most effective in addressing specific problems

within their AO. There are several common patrolling strategies used by Army law enforcement and civilian

police agencies. These strategies include—



Directed.



Split-force.



Saturation.



Differential-response.

Law Enforcement

24 August 2021

ATP 3-39.10

5-9

IRECTED

5-36.

Directed patrols are given specific tasks and instructions, which focus patrol efforts. Directed patrolling

is considered a proactive strategy. This strategy reduces patrol downtime and addresses concerns over patrol

productivity and effectiveness. It also focuses patrols on identifying crime-conducive conditions and

gathering critical police information, thus allowing the implementation of crime prevention and interdiction

efforts. Patrols are provided specific guidance based on—



Information collection and police intelligence requirements.



Police intelligence analysis results.



Crime prevention strategies.



Command or PM law enforcement initiatives.



Police engagement strategies.



Complaints or reports of crime from the community.

5-37.

Directed patrols can be especially useful when employing inexperienced military police Soldiers.

Directed patrols provide structure and direction to their patrol activities when their level of experience does

not allow for the initiative and situational understanding inherent with more experienced military police

Soldiers. For more experienced military police Soldiers, directed policing may limit the ability of the patrol

to take the initiative and fully capitalize on police engagement opportunities with the community or develop

leads that may result in the prevention or interdiction of criminal activity. Directed patrolling can also result

in an added workload for the desk crew and patrol leaders or supervisors, especially during police operations

with large numbers of active patrols. Directed patrolling requires that the desk section and patrol leaders or

supervisors continuously prioritize and manage tasks for the patrols; this can adversely impact other duties.

The military police commander, PM, and operations staff must balance the advantages and disadvantages of

directed patrols.

PLIT

-F

ORCE

5-38.

Split-force patrolling involves identifying one portion of the patrol force to perform routine patrols. A

routine patrol responds to calls assigned by the desk section. The remaining elements are employed as

directed patrols.
5-39.

Typically, directed patrols are not required to respond to incoming service calls unless routine patrols

are not available and the call is considered time-sensitive. This strategy allows the military police commander

or PM to conduct reactive and proactive measures simultaneously. Split-force patrolling can result in

significant disparities in workloads. The routine patrols can quickly become overwhelmed with calls,

required patrol responses, and associated casework while directed patrols will typically not be assigned

missions and tasks that are time-sensitive in nature. Military police commanders, PMs, and staffs must

carefully monitor split-force patrols to ensure that personnel rotate between directed- and routine-patrol

missions to prevent patrol burnout.

ATURATION

5-40.

Typically, saturation patrols are used within the split-force construct. This strategy places a higher

number of patrols into AO that are characterized by higher crime activity, traffic offenses, or other incidents

to increase law enforcement presence. Saturation patrols are placed in an area during peak criminal or

disruptive activity. They may be instructed to enforce zero tolerance for specific activities (speeding, loud

music, curfew violations, prostitution). These patrols will perform increased vehicle and pedestrian stops and

conduct more field interviews than normal.
5-41.

Studies have shown that saturation patrols can be significant deterrents to criminal or other disruptive

behavior. They can also result in large amounts of police information that can be used by police intelligence

analysts supporting policing efforts. Care must be exercised when using saturation patrols as they can be

perceived as heavy-handed if employed too frequently in the same AO. The key to a successful saturation

patrol strategy is an aggressive police engagement effort to inform the community of the purpose and intent

of the mission and to receive community feedback. Coordination with the SJA for legal advice and opinions

before conducting saturation patrols may be required.

Chapter 5

5-10

ATP 3-39.10

24 August 2021

IFFERENTIAL

-R

ESPONSE

5-42.

A differential-response strategy focuses on maximizing the use of law enforcement patrol assets

through the prioritization of calls and associated law enforcement patrol responses. Differential-response is

the least preferred method and least effective method at preventing crime. This technique is regularly

employed when law enforcement patrol resources are inadequate due to—



Unavailable personnel or resources (a high deployment operational tempo of supporting military

police companies, a significant flu outbreak that reduces the available force).



Environmental conditions that limit the ability of patrols to respond or that make response for

nonemergency situations too hazardous to justify (such as severe ice storms that make road

conditions treacherous).



An incident that creates a large number of high-priority calls (a terrorist event, an industrial

accident, a natural disaster).

5-43.

Within a differential response construct, the military police commander, PM, and staff must prioritize

incidents that require a law enforcement response by severity. Incidents of significant severity (reports of

injuries, crimes or emergencies in progress, reports or discoveries of serious incidents [deaths, sexual

assaults]) would continue to require a law enforcement patrol response. Other less serious incidents

(larcenies, minor traffic accidents, simple assaults with no or minimal injuries) would be placed on low

priority for a response or be handled by an alternative method. Many incidents (lost or stolen property,

noninjury traffic accidents) can be documented over the phone for follow-up and processing at a later date,

or the victim or reporting party can be asked to come to the military police station to make a report at their

convenience.

TRAFFIC ENFORCEMENT AND INVESTIGATIONS

5-44.

An effective traffic enforcement program begins with highly trained TMCIs. These specially trained

personnel are subject matter experts in the laws and methods encompassed in executing traffic programs and

conducting traffic collision investigations. See chapter 8 for additional information on traffic enforcement.
5-45.

The capabilities of TMCIs and other military police conducting traffic management and enforcement

can be especially critical in support of contingency operations in an effort to establish civil control. Many

operational environments are marked by the lack of order and structure. The roadways can be chaotic and

hazardous due to congested and inadequate road networks and the lack of traffic control and enforcement.

Military police with experience and training in traffic management and enforcement can be a critical element

within a multifunctional team of engineer, transportation, and other specialties to develop plans and

implement solutions to these issues.
5-46.

TMCIs can also provide training and mentorship to HN police to develop their traffic enforcement

capabilities. Regardless of the environment, TMCIs possess the knowledge and capability necessary to—



Investigate major and minor traffic collisions (to include those with fatalities or serious injuries).



Plan traffic control and flow for special events.



Determine selective enforcement measures required for problematic traffic areas.



Provide traffic safety education, training, and reports.



Develop traffic volume and distribution studies.



Enforce speed and parking limits.



Provide motorist assistance.



Provide roadway hazard reports.



Suppress the frequency of incidents that involve driving under the influence and while intoxicated.

CRIMINAL INVESTIGATIONS

5-47.

Regardless of the operational environment, offenses committed against U.S. forces and property

degrades military discipline, morale, and operational capabilities. In coordination with federal, state, local,

and foreign law enforcement agencies, law enforcement personnel investigate crimes and offenses in support

of the commander’s effort to protect personnel, resources, and critical assets. Criminal investigations are

Law Enforcement

24 August 2021

ATP 3-39.10

5-11

conducted primarily by military police Soldiers (military police investigators and TMCI) and USACIDC

SAs. See ATP 3-39.12 for additional information on law enforcement investigations.
5-48.

In support of HN populations, police development, and transition activities, Army law enforcement

may be required to conduct criminal investigations pertaining to crimes committed by and against HN

personnel. Army law enforcement may also be required to train and mentor HN police investigators in an

effort to build HN criminal investigations capability and capacity. (See chapter 6 for additional information

on building HN police capability and capacity.) Regardless of the operational environment, criminal

investigations conducted by Army law enforcement personnel include—



Criminal investigations of major incidents involving death, serious bodily injury, and war crimes.



Investigations concerning customs violations, illegal traffic of controlled substances and other

contraband, and black-market activity.



Fraud and economic crime investigations.



War crimes, human trafficking, and other crimes against humanity.



Investigations of minor offenses (low-value personal property thefts, simple assaults).



Juvenile investigations.



Traffic accidents.

5-49.

Even though military police investigators and USACIDC SAs are typically responsible for criminal

investigations of serious crimes, military police law enforcement patrols are, in most cases, the first to

respond to a crime scene or incident site. A law enforcement patrol must be prepared to conduct a preliminary

investigation (whether a criminal investigation or traffic accident investigation) to ensure that perishable

information and evidence is captured and reported. This initial information can be critical to successful

follow-up investigations conducted by military police investigators or USACIDC SAs. In relatively minor

cases, follow-up investigations may be performed by military police law enforcement patrols on scene or at

the military police station to obtain additional information or conduct additional interviews or interviews that

could not be performed concurrent with the initial response or other law enforcement requirements.

RELIMINARY

NVESTIGATIONS

5-50.

Preliminary or initial investigations begin when the first patrol arrives at the scene of an incident. The

preliminary investigation should include—



Observing and documenting—



The general condition of the scene.



Activities occurring upon approach and after arrival.



Spontaneous statements or comments made by victims, witnesses, or potential subjects.



Maintaining and protecting the crime or incident scene by establishing—



A protective perimeter around the crime scene.



An access point and briefing area to control and document entry into the controlled area.



Conducting evidence collection, as required.



Locating and identifying victims, witnesses, or potential subjects.



Conducting initial interviews with victims, witnesses, or potential subjects and ensuring that

witness statements are properly documented.



Apprehending subjects, as required.



Completing all required documentation.



Patrol reports.



Witness statements.



Chain-of-custody and evidence documentation.



Back briefing military police investigators and USACIDC SAs on all aspects of the preliminary

investigation and providing copies of reports, statements, and evidence documentation.

Chapter 5

5-12

ATP 3-39.10

24 August 2021

OLLOW

-U

NVESTIGATIONS

5-51.

Follow-up investigations are common to obtain additional investigative information for cases, perform

checks on victims, conduct additional interviews, or complete other law enforcement requirements. A follow-

up investigation can be conducted by law enforcement patrols for relatively minor cases. The use of law

enforcement patrols for follow-up investigations can free military police investigators and USACIDC SAs

to concentrate on more serious investigations. It can also provide a positive image of the organization to the

community by demonstrating an involved patrol force. When possible, the same patrol that conducted the

preliminary investigation should be used to conduct the follow-up. If this is not possible, the law enforcement

patrol conducting the follow-up investigation should thoroughly review previous documentation to ensure

familiarity with the case.
5-52.

Follow-up investigations by law enforcement patrols may be directed by the desk sergeant, the patrol

supervisor, or the operations section. They can also be initiated by the original responding patrol, when

required. Follow-up investigations may include additional searches or interviews, subject apprehension, and

victim or witness assistance.

INTERVIEWS AND LAW ENFORCEMENT INTERROGATIONS

5-53.

Interviews and law enforcement interrogations are critical tools for Army law enforcement to obtain

information from victims, witnesses, and suspects concerning their actions and observations during a crime

or incident. Interviews and law enforcement interrogations are a means of obtaining testimonial evidence to

help determine what occurred at an incident. Within the context of law enforcement investigations,

testimonial evidence is a statement based on personal knowledge or belief that serves as evidence or proof

concerning a crime or incident under investigation. To obtain this information, law enforcement personnel

ask appropriate questions designed to illicit required information and determine the truthfulness of the

information by observing and interpreting the actions and words of the person being interviewed. Effective

interviewing and interrogation require an understanding of human nature, good interpersonal

communications abilities, and sharp observation skills. This section will provide a description of interviews

and interrogations, focusing primarily on interviews conducted by law enforcement patrols. Interviews and

interrogations are covered in detail in ATP 3-39.12.

NTERVIEWS

5-54.

Interviews conducted during law enforcement activities and investigations are less structured than law

enforcement interrogations. Interviews are conducted by law enforcement personnel to gather information

and determine facts about a crime or incident. An interview is a nonstructured discussion, where open-ended

questions are asked to determine facts about an incident or crime. Interviews are characterized by the

questioning of a person who is cooperative and voluntary provides information; interviews are used for fact

finding and are probative in nature. During interviews of potential suspects, reasonable suspicion of guilt

may not be established; persons being interviewed are typically not under apprehension and may depart the

area at any time. During an interview of a victim, witness, or potential suspect, and if a statement is made

that raises a reasonable suspicion of guilt that the individual committed a crime, questioning must cease until

the subject is advised of their rights (see Miranda versus Arizona, 1966). Interview questions may only

continue if the subject waives their right against self-incrimination and legal counsel. This should be

documented on DA Form 3881 (

Rights Warning Procedure/Waiver Certificate

Note.

Persons suspected of committing a crime that are a subject (active duty) to the UCMJ must

immediately be advised of their rights in accordance with Article 31 (b) of the UCMJ. Persons

suspected of committing a crime that are not subject to the UCMJ must immediately be informed

of their Miranda Rights. See Part II of DA Form 3881 for rights warning procedures.

5-55.

During law enforcement operations, law enforcement patrols conduct interviews to determine as many

facts as possible about the crime or incident in question to support the preliminary and follow-up

investigations. The law enforcement personnel must know the elements of proof for any crimes that may

have been committed to ensure that appropriate questions are asked and relevant information is obtained.

Law Enforcement

24 August 2021

ATP 3-39.10

5-13

Military police with less experience or knowledge of the elements of proof should seek assistance and

guidance from patrol supervisors, squad or team leaders, military police desk personnel, law enforcement

investigators, or operations personnel. At a minimum, interviews conducted by law enforcement patrols and

investigators should be conducted to answer—



Who

. Ascertain the people involved in the incident. This includes victims, witnesses, and potential

subjects.



What.

Determine what happened during the incident. This includes major events or actions

relevant to the crime or incident.



When.

Identify when the incident occurred. Establish the time that the crime or incident occurred,

to include a chronology of events leading up to and following the crime or incident in question.



Where.

Determine the exact location where the incident occurred. This may include multiple

locations.



Why.

Identify the cause or motivations for the crime or incident to occur. This is very important

during a suspect interview to help determine the motivation and state of mind of the individual.



How.

Determine how the crime or incident occurred. Identify events leading up to and during the

event; obtain details of specific actions.

5-56.

There are several types of interviews conducted by Army law enforcement personnel during police

operations. These interview types include—



Canvas interviews.

Canvas interviews are conducted in the immediate areas surrounding a crime

scene or incident site. Canvas interviews are used to obtain information and identify witnesses

who may not come forward on their own. These witnesses may be able to provide relevant

information to aid in the investigative effort. Law enforcement patrols may be required to conduct

canvas interviews to determine the facts about an incident subsequent to the initial response, as

part of a preliminary investigation, or in support of law enforcement investigators while they are

processing the crime scene or incident site. Canvas interviews do not target specific persons; they

target all persons within a specific area around a crime scene or incident site.



Field interviews.

Field interviews, unlike canvas interviews, target a particular person seen in an

area. Field interviews are conducted to find out what a person is doing in an area and to determine

their activities. Field interviews are typically initiated upon observation of suspicious activity or

due to potential association with a crime or incident. Any information collected during a field

interview should be documented and forwarded through operational channels to the operations

section for processing. Locally produced field interview cards can be useful to assist law

enforcement patrols in obtaining relevant information. Persons identified during field interviews

may be contacted later if crimes are reported later in the area where they were stopped. Patterns

of activity can also be identified if the same person is habitually stopped in an area where criminal

activity is identified.



Victim interviews.

Victim interviews are conducted to obtain specific information concerning the

crime or incident that has occurred and resulted in harm to the individual or their property. Victim

interviews are conducted to obtain specific details of the incident and determine what crimes may

have been committed. Victims are often traumatized and emotionally upset following a crime or

incident; care must be taken when talking to victims of physical violence, emotional abuse, or

major incidents. Their state of mind may be very fragile. For violent crimes or traumatic incidents,

responding law enforcement patrols will typically conduct only a brief initial interview and defer

in-depth interviews to law enforcement investigators or other personnel trained to conduct a more

formal interview.

Chapter 5

5-14

ATP 3-39.10

24 August 2021



Witness interviews.

A witness is anyone having knowledge of an incident. Witnesses can

include—



Eyewitnesses.

Eyewitnesses are persons who observe the actual event and have direct

knowledge of the crime or incident. Eyewitness interviews are critical to verify accounts of

victims and suspects. Law enforcement personnel must understand that eyewitness

recollections of specific events may differ from person to person, depending on their state of

mind and experiences.



Significant parties.

Significant parties are people having other than direct knowledge or

observation of an incident; however, they may have relevant information that can prove or

disprove aspects of the crime or incident being investigated. Significant parties may be able

to verify or refute an alibi, confirm or refute historical facts about a crime scene or incident

site, or may have been witness to and be able to document statements made by an individual

involved in a crime or incident (even though they were not present when the crime was

committed).



Suspect or subject interviews.

A suspect or subject is anyone suspected of committing a crime.

Before the interview of a subject, a DA Form 3881 must be completed. The subject and their

demeanor at the time will determine how the interview is structured.

Note.

It is not uncommon for each witness to perceive or remember events differently from other

witnesses. It is also not uncommon for traumatized victims to have issues recalling certain aspects

of a crime.

NFORCEMENT

NTERROGATION

5-57.

A law enforcement interrogation is conducted by trained law enforcement personnel, typically military

police investigators or USACIDC SAs.

law enforcement interrogation

is the systematic effort by law

enforcement investigators to prove, disprove, or corroborate information relevant to a criminal

investigation using direct questioning in a controlled environment.

A law enforcement investigator

conducting a law enforcement interrogation uses an understanding of human nature and natural human

responses to obtain information from individuals during questioning in support of a law enforcement

investigation. Law enforcement interrogations are employed when a reasonable suspicion of guilt is known.
5-58.

During a law enforcement interrogation, the subject of the questioning is not free to leave. The

interrogation is conducted in a controlled and structured environment using direct, close-ended questions

designed to obtain an admission of guilt or a confession. An admission is a self-incriminating statement that

falls short of a complete acknowledgement of guilt; a confession results when the whole truth has been

disclosed by the subject, including the acceptance of responsibility for their actions. Law enforcement

interrogations may include polygraph examinations by trained and certified USACIDC polygraph examiners.

Polygraph examinations can result in law enforcement investigators obtaining confirmation of a reasonable

suspicion of a subject’s guilt or may result in the investigator eliminating the individual as a viable subject.

SEARCHES AND SEIZURES

5-59.

For Army law enforcement personnel to effect legal searches and seizures, it is critical that the

following definitions are understood:



Search.

A search is an examination, authorized by law, of a specific person, property, or area for

specified evidence or property or of a specific person for the purposes of seizing such property,

evidence, or person. A search without probable cause will not be considered by the courts unless

it was conducted incident to a lawful exception.



Seizure.

A seizure is the taking of property from the possessor by an authorized person or the

restriction of freedom of movement of an individual against their will by an agent of the

government. Any item that is reasonably believed to be an unlawful weapon, contraband, or

evidence of a crime or that might be used to resist apprehension or to escape may be seized.

Law Enforcement

24 August 2021

ATP 3-39.10

5-15



Probable cause.

Probable cause to conduct a search or seizure exists when there is a reasonable

belief that a crime has been committed and that the person, property, or evidence sought in

connection with the crime is located in the place (a room, barracks, privately owned vehicle,

quarters) or on the person to be searched. The authorizing authority must determine that there is a

reasonable belief that the person, property, or evidence sought is located in the place or on the

person being searched. The probable cause determination is based on the totality of the

circumstances at the search time. See Rule 315f[2],

Manual for Courts-Martial



Search authorization.

In the military, a search authorization (based on probable cause) may be

issued by a competent military authority. A competent military authority includes a military judge,

a military magistrate, or a commander who has control over the place where the property or person

to be searched is situated or found. See Rule 315d,

Manual for Courts-Martial.

MENDMENT

ESTRICTIONS

5-60.

When there is a reasonable expectation of privacy (person, home, papers, effects), the 4th Amendment

will not be violated. The 4th Amendment to the United States Constitution establishes the right to be free

from unreasonable searches and seizures.
5-61.

The following key criteria need to be considered to determine if there is a violation of the

4th Amendment:



Whether there is an intrusion into an area where a person has a reasonable expectation of

privacy.

When determining whether the area intruded upon is an area where one has a reasonable

expectation of privacy, courts review the subjective. Did the person have an expectation of privacy

in the home, car, footlocker, desk, or other area? Is society objectively willing to recognize that it

is reasonable to expect privacy in that area? Both inquiries need to be answered in the affirmative

for the courts to find a reasonable expectation of privacy.



Whether the intrusion was effected by a U.S. government official or agent.

The

4th Amendment does not apply unless there is U.S. government intrusion. Private searches and

foreign searches are not covered by the 4th Amendment as long as the private individual or foreign

officials are not acting as agents of the U.S. government. A search may not be unreasonable if it

is in an area where a person does not have a reasonable expectation of privacy or the search is

conducted by someone who is not a government agent.

Reasonable Search

5-62.

A search is not unreasonable when conducted pursuant to a search warrant or authorization that was

issued upon a showing of probable cause. Probable cause is a reasonable belief that the person, property, or

evidence sought is located in the place or on the person to be searched. (See Rule 315f,

Manual for Courts-

Martial.

) Law enforcement personnel can conduct a lawful apprehension or seizure of a person based on

probable cause. Once a subject is lawfully seized based on probable cause, the subject’s reasonable

expectation of privacy, in their person, is diminished and they are able to be searched because of the probable

cause supporting the apprehension. Exceptions exist which allow for searches and seizures and do not violate

the 4th Amendment, consent being one of them. A person’s consent to search an area means that the search

is not unreasonable because that person has authority over the area and is inviting law enforcement personnel

into the area.

Exclusionary Rule

5-63.

Army law enforcement personnel must know and understand the law surrounding the 4th Amendment

and lawful searches and seizures to be effective in their positions. Failure to understand and act according to

the 4th Amendment and subsequent judicial holdings can result in the exclusion of evidence.
5-64.

The exclusionary rule (the court’s response to constitutional violations) allows the court to exclude—



Evidence obtained as a result of an unlawful search or seizure (evidence which violated the 4th

Amendment rights of the accused).



Any derivative evidence from the original 4th Amendment violation. Derivative evidence is

evidence obtained as a result of the original 4th Amendment violation, as a product of the violation

Chapter 5

5-16

ATP 3-39.10

24 August 2021

or as evidence which flowed from the violation (often referred to as fruit of the poisonous tree),

unless it was evidence that was obtained as inevitable discovery. Inevitable discovery permits

admission of evidence that was obtained through illegal means if it would inevitably have been

obtained, regardless of the illegality

Contacts and Stops

5-65.

A contact occurs when Army law enforcement personnel engage a member of the community. Often,

Army law enforcement personnel make citizen contacts to gain further information before determining

whether an apprehension is warranted. This begins with simple communication with a person. Army law

enforcement personnel can make contact with a person anyplace where Army law enforcement personnel are

lawfully present. Under the context of a police contact, the individual contacted is not under any form of

detention or apprehension and can terminate the contact and leave anytime. Examples of lawful contacts

include questioning witnesses of a crime or warning an individual of hazards within the AO. These types of

contacts are reasonable, permissible, and within the normal activities of Army law enforcement personnel

and commanders.
5-66.

A stop usually occurs after Army law enforcement personnel witness a disturbance, traffic violation,

or other incident that violates laws or threatens public safety and order. The communication is similar to the

citizen contact communication in that the questioning is administrative in nature. The citizen contact and the

stop are not apprehensions. Within the context of a contact, the individual is under no requirement to stay

and may depart at will. A stop, while less restrictive than an apprehension, does limit the individual’s ability

to break contact and leave at will; a stop can be described as a temporary detention for an investigative

purpose, only long enough to confirm or dispel suspicion that a crime occurred, is occurring or is about to

occur. Apprehension and detention involve government control over the freedom of movement of a person,

although apprehension is based on probable cause and is more permanent in nature.
5-67.

At any point in which Army law enforcement personnel make contact with the public, items that are

in open view can be seized if identified as contraband. This is known as plain-view doctrine. Plain-view

doctrine has several key elements.
5-68.

Army law enforcement may seize an item of evidence in plain view if the following elements are met:



The officer is lawfully in the place from which he observes the item—the officer did not violate

the 4th Amendment in arriving at the place from which the evidence can be plainly viewed.



The item is immediately recognizable as contraband (no manipulation of that item occurred to

determine its contraband nature).



The item may lawfully be reached from the officer’s location. Therefore, an officer must

distinguish between situations in which contraband is observed and may be immediately seized

and times when the contraband is observable but an authorization or warrant must be obtained or

an exigency exception is present. For example, seeing contraband through the window of a

residence would require, in the absence of an exigent circumstance, a search authorization before

that residence could be entered and the contraband seized. However, contraband observed on a

table in a residence and room that the officer was invited into could be seized immediately.

Investigative Stops (Terry Stops and Frisks)

5-69.

A Terry Stop (

Terry versus Ohio

, 1968) (also known as an investigative stop) is the brief detention of

a person when Army law enforcement personnel have reasonable suspicion of criminal activity. Reasonable

suspicion is a lesser belief than probable cause but, like probable cause, is based on the totality of the

circumstances. The experience of Army law enforcement personnel; the crime conditions (such as a high-

crime area); the mannerisms, dress, and activities of the detainee; and the time of day are factors when

considering the totality of the circumstances for a Terry Stop.
5-70.

The Terry Stop allows for a frisk of the detainee for the safety of Army law enforcement personnel.

However, the frisk is not automatic and should only be performed when there is a reasonable belief that the

person is armed and presently dangerous. The frisk does not rise to the level of a body search. A frisk consists

of a pat down of the outer clothing; the inner clothing is not touched and personnel should not conduct a

pocket search unless a weapon is found. Within the context of law enforcement officer safety and frisks

Law Enforcement

24 August 2021

ATP 3-39.10

5-17

associated with Terry Stops, weapons are defined very broadly. Many objects can be used as and considered

a potential weapon, (a screwdriver; scissors; other sharp, heavy, or dense objects). If other contraband is

discovered during the conduct of a lawful frisk, Army law enforcement personnel may seize that contraband.

The Terry Stop can turn from a detention to an apprehension if probable cause develops that a crime has

occurred or will be committed by the detained person.
5-71.

If, in the course of a lawfully conducted frisk of an individual’s outer clothing, an Army law

enforcement officer feels an object with a contour and mass making its identity immediately apparent as

contraband, the officer may seize the object. In this instance, there is no unauthorized invasion of privacy;

law enforcement personnel were already acting within established constraints to search for weapons. The

contraband may be seized without a formal search authorization and would be justified by the same practical

considerations that inhere in the plain-view context (see

Minnesota versus Dickerson

, 1993). This action is

also known as plain-feel doctrine.
5-72.

Army law enforcement personnel cannot arbitrarily conduct a search based on a hunch or without

proper authority. The following paragraphs describe the requirements to conduct a search, whether granted

by an authorization or by consent of the individual having control over the area or property to be searched.

UTHORITY TO

RANT A

EARCH

5-73.

To conduct a legal search, a search authorization must be provided. A search authorization is an

expression of permission, written or oral, issued by a competent military authority. The military authority

must be an impartial individual who is a commander, a military magistrate, or a military judge. The

commander must be an officer in charge or hold a position of command over the place where the property or

person is to be searched or seized. A military magistrate is a neutral and detached impartial judge advocate

who received appointment from a senior military judge. The military judge is also authorized to grant a search

authorization but will typically be used as an authority of last resort. After a proper search authorization is

granted, Army law enforcement has the authority to conduct the search, within the parameters or scope of

the authorization, and to seize any evidence found as a result of the search.

Scope

5-74.

A search authorization is limited to the scope of the person, place, or things to be searched. This means

that the person conducting the search must carefully comply with the limitations imposed by the

authorization. Only those locations described in the authorization may be searched, and the search may be

conducted only in areas where it is likely that the object of the search will be found. For example, if personnel

have the authority to search the quarters of a suspect, a parked car near the quarters may not be searched.

Likewise, if the authorization states that a computer is being sought, areas unlikely to contain the computer

may not be searched (such as a jewelry box). The limits of the search authorization do not prohibit the seizure

of evidence consistent with plain-view doctrine.

Searches Not Requiring a Search Authorization

5-75.

Although the general rule is to obtain a search authorization, there are instances when a search

authorization is not required. The following searches are exceptions to the search authorization requirement:



Consent search.

A search may be conducted of any person or property as long as lawful consent

is given. A person can always consent to a search of their own person or property, unless that

person no longer has control of the property (for example, an owner of a vehicle lends vehicle to

a friend. Owner is not in control of said property but may issue consent to search. It is their

property). A person in control of property, but who might not own it, can also give consent to a

search of that property. Consent can be withdrawn anytime; Army law enforcement personnel

must then stop the search and get proper authorization if the search is to continue. Ideally, the

consent to search should be obtained in writing.



Search incident to apprehension.

When a person is lawfully apprehended, that person and the

surrounding area can be searched. The search may be conducted for weapons or destructible

evidence. The surrounding area of the person consists of the area within immediate control and

the area in which the person being apprehended could reasonably reach with a sudden movement

Chapter 5

5-18

ATP 3-39.10

24 August 2021

to obtain a weapon or evidence. This immediate control area can be anywhere, to include a vehicle.

To search a vehicle incident to apprehension, the apprehended person must be in reaching distance

of the passenger compartment or it must be reasonable to believe that the passenger compartment

of the vehicle contains evidence related to the offense of the apprehension. This search does not

include the trunk or the engine compartment.



Operable vehicle search.

An operable vehicle may be searched if there is probable cause that the

vehicle contains evidence of a crime. The key to this exception is that it would be impractical to

obtain a search authorization under the circumstances. The elements of probable cause and exigent

circumstances that make obtaining a search authorization impractical must be present. The scope

of the search is not limited to the interior of the vehicle and may include the entire vehicle. The

vehicle must be one that a reasonable person would believe to be operable. Clear indications of an

inoperable car would be if there was no motor or the car was on blocks. This search exception is

different from the search incident to apprehension in that Army law enforcement personnel must

have probable cause of a crime above and beyond that of the probable cause to apprehend. See

Carroll versus United States

, 1925.



Hot pursuit.

Under exigent circumstances, Army law enforcement personnel may enter an area

normally requiring a search authorization (residence, barracks room, office) to detain or apprehend

a subject. A subject committing a crime (or located by Army law enforcement personnel in a

public area) that is wanted for a previous offense can be pursued into a private area if he flees to

avoid detention or apprehension.



Medical emergencies.

When there is a valid medical emergency, Army law enforcement may

take necessary actions to preserve the health of personnel. For example, if a law enforcement

patrol finds an unconscious person, that person may be searched in an attempt to find some

identification and determine the cause of their condition.



Crimes in progress and destruction of evidence.

An observation of a crime in progress warrants

immediate action. Army law enforcement personnel may enter a home or vehicle without a formal

search authorization. For example, an Army law enforcement patrol moving through a

neighborhood hears screams for help emanating from a residence. Taking time to obtain a search

authorization to enter the home could result in serious injury or death to the victim; no formal

search authorization is required. During these incidents, law enforcement personnel with requisite

probable cause may take immediate action to secure evidence in the immediate area that is in

danger of being destroyed.

NSPECTIONS

5-76.

An inspection never requires probable cause and, at times, can be more intrusive than a search. A

commander may not use a health and welfare inspection as subterfuge to avoid the requirements of a probable

cause search. Although suspected criminal activity (such as suspected drug use) may form part of the basis

for a health and welfare inspection, the primary purpose must remain the military fitness and discipline of

the unit. Commanders may consult with their SJA prior to conducting inspections.
5-77.

One key aspect of an inspection is that all inspected individuals are subject to the same level of scrutiny

during an inspection. Evidence that is obtained lawfully during a health and welfare inspection may be used

for criminal prosecution.
5-78.

An inspection is an examination of the whole or part of a unit, organization, or installation. This

includes an examination at the entrances and exits of an installation. The primary purpose of the inspection

is to determine and ensure the security, military fitness, and good order and discipline of the unit,

organization, or installation to be inspected. The inspection is also a lawful procedure to determine the fitness

of an individual Soldier and is often conducted in the way of a urinalysis examination.

Law Enforcement

24 August 2021

ATP 3-39.10

5-19

5-79.

Other examinations include—



Inspections upon entry to or exit from an installation.

A commander of a U.S. military

installation may authorize appropriate personnel to search persons or the property of those persons

as a prerequisite for entry or exit to any base or base camp. Any individual that refuses the search

can be denied entry. This inspection or search can include the entire vehicle (including the trunk

and engine compartment) or any containers in the subject’s possession. The inspection or search

cannot be conducted for the primary purpose of obtaining evidence of crimes to be used in courts-

martial or other disciplinary proceedings. If evidence is found during an inspection where the

purpose was for the security of the unit, that evidence can be used against the person.



Health and welfare inspections.

A health and welfare inspection is an inspection of an area in

the commander’s control. The primary purpose of health and welfare inspections is to ensure the

security, military fitness, or good order and discipline of the unit. A health and welfare inspection

cannot be used to find specific evidence that can later be used in a court-martial proceeding. If the

commander is aware of possible criminal activity, then a search based on probable cause must be

authorized by that commander or other competent authority.



Urinalysis inspections.

A random or 100 percent urinalysis inspection is permissible, if it is for

the military fitness of the unit. If the sole purpose of the inspection is to obtain evidence of a crime,

that evidence cannot be used against the person. If evidence of a crime (the use of an illegal

substance) is found during the urinalysis inspection, that evidence can be used against the person.

Urinalysis inspections must be conducted according to Army regulations and unit policies.

NVENTORIES

5-80.

Inventories are conducted according to the appropriate regulations that mandate them. The purpose of

an inventory is administrative. The purpose is not to determine whether there is evidence of a crime, but to

maintain accountability of government property, place monetary liability on those responsible for loss of

government property, or account for the personal property of an individual placed in custody. If weapons,

evidence, or contraband are discovered during a lawful inventory, that evidence may be seized and used as

evidence in a subsequent court-martial proceeding. As with an inspection, an inventory cannot be conducted

as a ruse for a search.

LAW ENFORCEMENT RAIDS

5-81.

Law enforcement raids are normally conducted to apprehend offenders, obtain evidence of illegal

activity, safeguard hostages, or recover U.S. government property with the aim of using the element of

surprise. Military police normally select an unusual time of day to conduct the raid and rely on the element

of surprise to collect evidence and arrest suspects before people have a chance to conceal or destroy materials

of interest. In contingency operations, combined U.S., multinational, or HN law enforcement may be used to

collect information, capture or eliminate threats (terrorists, criminals, insurgents), or confiscate weapons.
5-82.

Law enforcement Raids require thorough planning and preparation. They are most effective when

conducted in cooperation with specially trained law enforcement personnel (such as military police or

USACIDC SAs skilled in raids, apprehensions, and evidence collection and preservation). Specially trained

SRTs are well suited to support high-risk law enforcement raids. The SRTs are experienced military police

who are trained in breaching techniques, barrier penetration, and threat and occupant control. During planning

military police must also determine what specialized support is required and coordinate for specialized

support, such as MWD, explosive ordnance disposal (EOD), and HAZMAT personnel.

DRUG RAIDS

5-83.

Drug raids are a good example of a raid requiring specialized support and equipment. Clandestine labs

present significant chemical hazards that may be immediate health and safety threats. For example, most

processes for manufacturing methamphetamine include the use of volatile organic chemicals, acids, bases,

metals, and chemical salts. Law enforcement personnel who must enter a methamphetamine lab may be

exposed to contamination from chemicals and residue that exceeds the levels recommended by experts.

Chapter 5

5-20

ATP 3-39.10

24 August 2021

5-84.

The level of exposure will depend on the cook method used by the perpetrator and the stage of the

cook when personnel enter the site. Acids or bases will cause a burning sensation on the skin and in mucous

membranes and can cause severe eye damage. Exposure to metals and salts can cause a wide range of health

effects, including respiratory irritation, decreased mental function, anemia, kidney damage, and birth defects.

Metals such as lead and mercury are particularly hazardous. Clandestine laboratories, even ones that have

been inactive for some time, will contain contamination of some type on surfaces or in the air. Military police

entering a lab will likely end up with some of the contamination on their body or clothing.
5-85.

Consider any items or persons that were in the lab site to be contaminated. Military police contact with

subjects—making arrests, patting down, or handcuffing subjects—will probably result in incidental

contamination. Contaminated clothing and equipment will transfer such residual contamination into police

vehicles, offices, and eventually even the homes of law enforcement officers. Minimize the risk of injury by

wearing appropriate personal protective equipment. In addition, coordinate the operation with the base or

base camp fire department and HAZMAT response teams when raids will occur within a known or suspected

drug lab. Support units located near the scene have short response times and can minimize damage from

inadvertent fires and explosions, monitor the air quality, and assist with identifying and handling toxic

chemicals. Unit decontamination team or emergency response HAZMAT teams should be available for

decontamination operations. If additional capabilities are needed, coordinate with the local CBRN unit for a

field site decontamination of personnel and equipment. See ATP 3-39.11 for additional information on raids.

APPREHENSION BY ARMY LAW ENFORCEMENT

5-86.

Apprehension is the taking into custody of a person. It occurs when a government official causes a

person to lose the freedom of movement. A lawful apprehension must be based on probable cause. Probable

cause to apprehend is a reasonable belief that a crime has been committed and that the person to be

apprehended committed the offense. Military law enforcement personnel (military police Soldiers; Army

civilian law enforcement personnel; USACIDC SAs; and all commissioned officers, warrant officers, and

noncommissioned officers) are authorized to apprehend persons.

Note.

USACIDC civilian SAs’ possess the statutory authority to arrest civilians or military

personnel, with and without warrant depending on the circumstances, on or off a military

installation, for violations of federal law.

ENERAL

UIDELINES

5-87.

An apprehension may be made on an installation, without an authorization, as long as there is probable

cause; the exception for apprehension is in the private dwelling of the person to be apprehended. If an

apprehension is required in a private dwelling, proper authorization must be obtained from a competent legal

authority (an installation or garrison commander, a military magistrate, or a military judge). Apprehensions

within a private dwelling not on a military base or base camp require authorization by civilian authority

(civilian judge) and are typically executed by civilian law enforcement. A private dwelling is a single-family

home, duplex, or apartment—this does not include the barracks. Exceptions to the requirement for search

authorizations are discussed within the searches and seizures section in this chapter.
5-88.

Army law enforcement personnel must be prepared to take immediate coordinated action at the scene

of a crime or during an investigation. This action often involves making an apprehension. An apprehension

is the taking of a person into custody and is the equivalent of arrest in civilian terminology. The need to

apprehend an offender can occur with little warning. Army law enforcement personnel must be familiar with

apprehension policies, regulatory directives, the use of force, handling and custody of evidence, and crime

scene protection procedures. Apprehension policies and procedures must be clear and described in written

guidance. These procedures must be trained and rehearsed on a recurring basis and given the same degree of

training as other law enforcement skills. See ATP 3-39.12 for information on the custody of evidence and

crime scene procedures.

Law Enforcement

24 August 2021

ATP 3-39.10

5-21

UVENILE

PPREHENSIONS

5-89.

Juvenile offenders may be apprehended on U.S. military bases and base camps by Army law

enforcement personnel. The authority of Army law enforcement personnel regarding juveniles not subject to

the UCMJ is derived from the installation commander’s inherent authority to maintain order on the

installation. Upon apprehension, Army law enforcement personnel will follow normal apprehension

procedures and will notify juveniles of their legal rights and the offense for which they are apprehended. This

procedure typically occurs in the presence of a parent or legal guardian. Parents or guardians must be advised

of the juvenile’s rights and the offense for which they are apprehended. Parents or guardians must be notified

of the apprehension immediately upon arrival at the police operations center.
5-90.

After the military police duty officer or duty investigator has conducted an initial interview, the

juvenile will typically be released to the parents or guardian. If a major offense is involved (rape, armed

robbery), the initial interview is deferred to USACIDC SAs or other appropriate authorities maintaining

jurisdiction. In cases where the offense or condition of the offender is serious enough to warrant detention,

the juvenile will be released to civil authorities. See ATP 3-39.12 for a more detailed discussion on

interviewing juveniles.
5-91.

The military police desk blotter will not contain any identifying information for juvenile offenders.

This includes names of juvenile subjects, their parents or sponsors, or addresses. Protected identity also

applies to the juvenile victims of such offenses as rape or child molestation. (See AR 190-45 for detailed

procedures.) The desk blotter must indicate that the person is a minor with protected identity.

REPORT WRITING

5-92.

An important tool in support of enforcement measures are the written reports of the military police

Soldiers and USACIDC SAs. It is essential that these reports are well written and accurately reflect the facts

of an incident. Military police reports provide police information critical to police intelligence activities and

are an important contributing factor in the successful prosecution of criminals. Poorly reported incidents may

result in inaccurate or insufficient information that does not support law enforcement and police activities.

Poorly reported incidents can severely jeopardize criminal investigations.
5-93.

A report of the investigation is an official record of pertinent information disclosed through the conduct

of a law enforcement response and subsequent criminal investigation. It is prepared by the responding unit

and forwarded through the appropriate channels. Reports are written and submitted to—



Provide an official record of relevant information.



Provide the commander and the SJA or trial counsel with the facts surrounding the alleged offense.



Identify the alleged perpetrators, witnesses, and victims or complainants.



Pinpoint event times.



Identify the location of the incident.



Identify offenses and activities relevant to the incident.



Identify evidence and the location where the evidence was found.



Provide data for statistical purposes, analysis, and development of enforcement measures.



Use for future court testimony.

5-94.

A report of an incident is an objective statement of responding law enforcement personnel. The report

can be completed by military police Soldiers, Army civilian police, or USACIDC SAs. When writing a report,

personnel should—



Organize notes. Categorize and evaluate items of evidence and background information. Once this

takes place, the report is ready to be written.



Initiate the law enforcement report, and ensure all useful and mandatory information is entered

into DA Form 190–45–SG, also known as ALERTS (see DA Pamplet 190-45). Write the report

to present a word picture in a chronological manner.



Write the report clearly, concisely, and with grammatically correct language, proper spelling, and

accurate punctuation. Avoid the use of slang and informal language unless they are direct quotes

from a person associated with the incident or report.

Chapter 5

5-22

ATP 3-39.10

24 August 2021



Include all facts relevant to the investigation. This includes details that will prove or disprove facts

surrounding the alleged offense. Do not dismiss information that is felt to be inadmissible as

evidence at a trial. Include mitigating circumstances related to the case.



Identify each person related to the investigation, to include the responding patrol and investigator.

Information concerning juveniles must be protected.



Verify the report information to the fullest extent possible by conducting interviews of those

associated with the incident, including witnesses and bystanders.



Ensure that the report is complete and answers the questions: who, what, where, when, why, and

how? While brevity is desirable in report writing, do not sacrifice accuracy and completeness.



Review the report for the above information before submitting it through appropriate channels

(desk sergeant, operations).

COURT TESTIMONY

5-95.

Law enforcement personnel frequently engage in activities that may require them to testify before a

court, board, or administrative hearing. While law enforcement investigators are routinely required to provide

court testimony regarding criminal cases, law enforcement patrol personnel may also be required to testify

regarding their responses to an incident, observations, actions, and support to the investigative process.

ATP 3-39.12 provides additional information regarding testimony before courts, boards, and administrative

hearings during judicial and nonjudicial procedures.
5-96.

Law enforcement patrol personnel should approach every call with an understanding that they may be

required to appear before a court, board, or administrative hearing to describe their observations and actions

at the crime scene or incident site. The best way to ensure preparedness is to take detailed notes and produce

complete and thorough patrol reports that clearly and concisely capture as many relevant details of the law

enforcement response as possible. These notes and reports should be recorded as soon as it is safe and

practical to do so, given the environment and specific characteristics of the law enforcement response in

question. Detailed notes and reports can effectively assist in the recollection of specific facts about an incident

or event.
5-97.

Law enforcement personnel should take notes in a timely manner to ensure that their observations and

understanding of the incident, their actions, and the actions of others are accurate and verifiable before being

entered into a record or report. Although accurate and timely fact finding is essential to sound police practices,

law enforcement personnel should never jeopardize the safety of personnel or the success of an ongoing

police activity simply to record data.
5-98.

If required to testify before a court, board, or administrative hearing, law enforcement patrol personnel

should address the following requirements and general guidelines:



Preparation.

Ensure that—



Military police report (including associated statements and evidence) documentation is

reviewed before providing testimony to ensure an accurate recollection of the incident.



Inexperienced law enforcement personnel seek advice from experienced personnel, including

trial counsel, if appropriate, to ensure an adequate understanding of the procedure, the layout

of the specific court or hearing room, and any advice regarding what to expect. This allows

adequate mental preparation before the court, board, or administrative hearing appearance.



Practice with SJA representatives is conducted, when possible, in a mock court training

scenario that seeks to create the conditions of a courtroom or official hearing.



Professionalism.

Law enforcement personnel should—



Look like professionals. Uniforms or civilian clothes should be pressed and clean. Any law

enforcement gear worn should be clean and free of debris. Personal hygiene should be of the

highest standards.



Avoid appearing with anything in their mouths when testifying. This includes chewing gum,

candy, tobacco, snuff, or toothpicks.



Avoid sunglasses or exceptionally trendy glasses.



Be courteous and respectful to the parties involved in the proceeding.

Law Enforcement

24 August 2021

ATP 3-39.10

5-23



Confidence.

Law enforcement personnel should—



Be confident and look confident. Law enforcement personnel should project the appearance

that they have been in a courtroom before; if this is not the case, a visit to the court or hearing

room should be coordinated before the proceeding to familiarize them with the surroundings.

A reconnaissance of the courtroom or hearing room before their testimony can help build

confidence by eliminating surprises associated with unfamiliar surroundings. Law

enforcement personnel should understand who will be participating in the proceedings during

their testimony and where they will be seated. These actions can help law enforcement

personnel feel at ease as they enter the room. This is especially important for personnel with

minimal courtroom experience.



Stick to the facts. Law enforcement personnel should avoid providing opinions, speculation,

or unqualified testimony. This can damage the case and the credibility of the individual law

enforcement officer as a witness. If asked a question that is unclear or not understood, they

should request clarification. If the answer to the question is not known by the law enforcement

officer providing testimony, they should simply state, “I do not know.”



Make eye contact and speak clearly in a volume that allows everyone in the room to clearly

understand. This will help law enforcement personnel communicate effectively and create a

favorable impression with the panel or judge regarding their candor and honesty. Mumbling

gives an appearance that the individual providing testimony is unsure and unconfident.



Technical language.

Avoid the use of jargon or technical language. If jargon or technical

language is used, the term should be explained. Army law enforcement personnel should never

assume persons within the proceeding will understand law enforcement-related terms or jargon.



Technical procedure.

Army law enforcement personnel often use techniques or equipment

requiring specific procedural responses or methodology in application. If law enforcement

personnel use or employ a police procedure of a technical nature in any part of their testimony,

they should be prepared to articulate the rudiments of that process or procedure in basic terms to

the level of expertise required for the safe and effective use of the technique or equipment.

CUSTOMS SUPPORT

5-99.

Military police conduct customs support in support of deployment and redeployment requirements for

entry into an HN and reentry into the United States, respectively. U.S. forces must meet the specific customs

requirements of the country to which they will deploy before entry and, consequently, must meet the

requirements established by United States Customs and Border Protection and United States Department of

Agriculture for reentry into the United States.
5-100.

Meeting United States Customs and Border Protection and United States Department of Agriculture

standards is the obligation of each individual and commander. Historically, military police conduct and

authenticate customs preclearance under the supervision of the United States Customs and Border Protection

and United States Department of Agriculture. Military police customs personnel are trained to conduct

customs inspections and to clean and disinfect vehicles, equipment, and personal baggage.
5-101.

There are two types of military customs inspectors that support military operations:



Military customs inspector-excepted.

These customs inspectors conduct routine customs

inspections under the supervision and training of the United States Customs and Border Protection

and United States Department of Agriculture. They may be civilians who are trained in that

capacity. Training may occur within the United States or in foreign locations, depending on the

immediate need and the availability of resources to support the training location.



Customs/border clearance agent.

These customs inspectors are the most prevalent customs

capacity filled by Army military police. They provide customs support to redeploying units who

request preclearance operations. DTR 4500.9-R addresses these inspectors in detail.

5-102.

Customs inspectors are the first line of defense against the introduction of foreign plant and animal

pests and diseases into the United States, and they help prevent contraband from entering the country. Their

mission involves eliminating restricted and prohibited items (agricultural pests, environmental hazards,

controlled substances, contraband) from traveling into the United States while under DOD control or contract.

Chapter 5

5-24

ATP 3-39.10

24 August 2021

5-103.

Military police customs personnel are trained to inspect for prohibited items and enforce the

requirements. They inspect and examine DOD cargo, equipment, aircraft, vehicles, and personal baggage

leaving from locations outside the United States en route to U.S. points of entry. The customs inspectors

ensure that returning military equipment conforms to United States Department of Agriculture standards and

that gear returning with personnel serving abroad complies with United States Customs and Border Protection

laws for reentry into the United States. The United States Army customs inspectors have jurisdiction over all

customs and operational washdown sites in their AO. During the increased deployment of U.S. forces,

additional forces may be required to perform the customs mission in support of the United States Customs

and Border Protection and United States Department of Agriculture. Military police can provide training for

nonlaw enforcement Soldiers to perform duties as customs inspectors to support the combatant commander’s

rotation of forces in and out of theater when authorized by United States Customs and Border Protection and

United States Department of Agriculture.
5-104.

Concurrent with customs jurisdiction is the responsibility of military police elements to advise and

provide training to units identified for movement. Advice includes broad, general customs information to

specific information (such as washdown operational suggestions and requirements). Military customs

inspectors establish administrative procedures for the review and final inspection of vehicles by United

States Department of Agriculture at the point of entry. They appropriately mark each vehicle cleaned and

inspected and maintain a log to track the number, owning units, and disposition of the vehicles.
5-105.

Military police have the capability of providing trained and certified military customs team support

when required to enforce United States Customs and Border Protection laws and regulations. A military

police customs element is composed of a five-person team of military police. The team is organized to train

and supervise members of other nonmilitary police units (multinational forces, contractors) to perform

customs inspections at a seaport of debarkation or aerial port of debarkation. Military police customs

elements, along with these trained personnel, conduct customs operations. A military police customs element

consists of a—



Senior military customs inspection supervisor.

The senior military customs inspection

supervisor coordinates logistical support, operational integration, staff planning, and coordination

for customs team operations. The senior military customs inspection supervisor provides technical

supervision for customs team operations.



Senior military customs inspection team.

The team is composed of four trained military police

customs personnel. They augment United States Customs and Border Protection or United States

Department of Agriculture personnel in conducting customs training and performing customs

operations in support of units and personnel redeploying to the United States or its territories.

Customs teams may also provide technical expertise and support for border operations to enforce

restrictions on contraband or other regulated items

24 August 2021

ATP 3-39.10

6-1

Chapter 6

Policing

Policing is the application of control measures within an AO to maintain law and order,

safety, and other matters affecting the general welfare of the population. The Army

conducts policing continuously to maintain order within its communities and

formations. Policing is a critical step in establishing civil security as a precursor to

establishing civil control and the transition to self-governance by the rule of law. When

directed, the Army also applies policing activities to civilian populations to restore

order when the rule of law has broken down or is nonexistent. During DSCA military

police conduct security activities in response to requests for assistance from civil

authorities for domestic emergencies, law enforcement support, and other domestic

activities or from qualifying entities for special events.

MILITARY POLICE SUPPORT TO CIVIL SECURITY AND CIVIL

CONTROL

Establishing civil security and civil control requires initial actions to restore order in a chaotic and

potentially lawless environment. In most operational environments requiring U.S. forces to establish civil

security, the rule of law has failed or was never put into place. U.S. forces, to include military police, must

establish and then maintain a secure environment, enabling civil control lines of effort and the rule of law to

be established. Restoring and maintaining order may require combat operations to eliminate specific threats,

disarm the population and disruptive elements, monitor and disperse crowds that become violent and

destructive, and physically separate belligerents.

Host-Nation Police Training and Equipping

In Iraq and Afghanistan, lightly armed policeman equipped with 9 millimeters, limited body armor,

and unarmored vehicles suffered heavily casualties. The police were not equipped to fight insurgents

armed with heavy machine-guns, mortars, rockets, rifle-propelled grenades, and improvised

explosive devices. DoD forces used the Afghan and Iraqi police in combat roles against the

insurgents, despite the fact that Afghan and Iraqi police training and equipment were oriented toward

community policing.
Between 2004–2006, the police in Iraq suffered 12,000 casualties—4,000 were killed, and 8,000

were wounded. Between January 2007–March 2009, Afghan police experienced the injury or death

of 3,400 Afghan police. Police combat losses in 2008 were three times greater than those of the

Afghan National Army, with an average of 56 casualties per month.
The Iraqi and Afghan police were not trained to fight insurgents. If the security levels that permit the

development of community policing can be achieved, planners must then look at another

disadvantage of community policing—the in-depth basic training and field service training required.

ESTORE AND

AINTAIN

RDER

Operations to restore order are conducted to halt violence and to support, reinstate, or establish civil

authorities. These operations provide security and stability after a conflict, while setting the conditions for

transition to the rule of law. Providing effective security for the local population by reducing its exposure to

the threat of violent conflict is critical to enabling a stable environment for continued stability tasks and

reconstruction. Military police are uniquely suited to engage in operations to establish civil order. Military

police Soldiers are trained and experienced in graduated-response techniques and the application of the

ATP 3-39.10 POLICE OPERATIONS (AUGUST 2021) - page 4