ATP 3-39.10 POLICE OPERATIONS (AUGUST 2021)

Chapter 8

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ATP 3-39.10

24 August 2021

count should begin 30 minutes before peak traffic periods and end 30 minutes after each peak period. Vehicle

volume studies are typically conducted manually by the study team. Traffic counts should be collected in

tabular form and grouped in 15- or 30-minute intervals. Vehicle counts should also be tabulated by vehicle

actions at intersections (straight, right turn, or left turn).
8-98.

Security personnel typically maintain traffic counts as part of their normal duties at access control

points supporting bases and base camps. This same requirement can be replicated for security personnel at

access control posts and checkpoints during contingency operations. Counting mechanisms (pneumatic road

tubes, sensors) can be employed along straight roadways or access points when vehicle turning movements

are not relevant to the study.
8-99.

The information gathered in a vehicle volume study is typically used in conjunction with other study

data (such as traffic control device studies). The data can be used to—



Study traffic control devices and their effectiveness. The study may justify the existence or need

for—



Fixed-time or traffic-actuated signals.



Stop signs, speed zones, or pavement markings.



Manned TCPs at specified locations and times.



Analyze other studies and evaluate the number of collisions based on volume and directional

movement.



Assess the need for street lighting and signals by comparing day and night traffic volume to day

and night collision frequency.



Assess future requirements (through streets, secondary roads, roadway improvements).

Traffic Collision Studies

8-100.

The purpose of studying traffic collisions is to identify problem areas and measures to increase traffic

safety and to reduce the frequency of collisions. Traffic collision prevention programs require the continuous

study of collisions, violations, and mitigation measures to reduce traffic collisions. Traffic collision studies

enable PMs, military police commanders, and staff to identify trends, patterns, and associations, enabling

the—



Identification of high collision rate locations.



Evaluation of roadway design factors.



Planning of traffic control and targeted enforcement measures to reduce traffic collisions.



Evaluation of traffic control and enforcement measure effectiveness.

8-101.

The validity of an analysis depends on the accuracy of the raw information that is obtained. This fact

is particularly important when studying collision causes. Military police can extract a large amount of

collision data from the ALERTS database. When military police are supporting HN police activities, accident

analysis relevant to HN populations and locations is required. Also, other means of data retrieval may be

needed. HN law enforcement organizations may or may not have detailed traffic collision information. The

information they do have may be in the form of hardcopy collision files or in relatively modern, automated

databases. Military police must work closely with the HN to obtain the data required to conduct relevant

traffic collision analysis.
8-102.

Collisions occur because of a variety of factors and in complex combinations. Phrases (following

too closely, speed excessive for conditions) are often insufficient to provide for valid analysis. Military police

staff and analysts should be cautious when interpreting traffic collision cases using subjective language that

is not measurable. Traffic collision studies require military police to—



Obtain collision data. The following information should be obtained:



Location.



Date and time (hour, day, month, and year).



Cause.



Type collision.



Light and weather conditions.

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8-23



Driver’s name, age, sex, and experience level.



Seat belt usage.



Command or unit involved.



Traffic controls.



Injuries or fatalities.



Identify high collision rate locations.



Review or prepare collision and condition diagrams.



Conduct field observations at the location during conditions similar to those present at the time of

the collision.



Summarize facts.



Analyze facts and field data and recommend corrective actions.

Mapping

8-103.

The mapping of incidents is critical to the identification of high collision rate locations. Some

collisions may require unique representation on the map to differentiate them from other collisions. Collisions

should be plotted by type. For example, fatality collisions, injury collisions, and collisions involving alcohol

or other substance abuse will typically be represented differently than minor collisions with relatively little

damage and no injuries. Traffic collision maps can be created manually using pins, stickers, or other physical

mediums affixed on a map of the AO. GIS applications can also be used to plot collisions and display detailed

environmental features, equipment, and other terrain features relevant to studying collisions and specific

collision locations.

Collision Diagrams

8-104.

A collision diagram is used for the study and analysis of particular intersections or curves where a

number of collisions have occurred. The diagram consists of an outline map of the location and symbols that

show the direction of vehicle and pedestrian movement that were involved in collisions. If stationary objects

are important in collisions, they should be included in the diagram. Each diagram should—



Include a drawing of the intersection.



Identify the diagram.



Identify the streets shown.



Plot collisions.



Direction of travel.



Date of collision.



Time.



Road conditions.



Weather conditions.



Contributing factors (defective vehicle equipment, equipment failure [including traffic

control devices], intoxication or other impairment, environmental considerations).

8-105.

Care should be taken to ensure that the collision diagrams do not show different sets of circumstances

affecting the scene (such as diagrams showing an intersection before and after a stop sign has been installed).

Collision diagrams should be analyzed for points of similarity. These points may include—



Collision patterns involving vehicles traveling in the same direction (a collision caused by a

vehicle traveling northbound and another vehicle traveling eastbound that causes a head-on

collision, a collision involving eastbound and southbound vehicles at the same intersection).



Collisions of one type (cars turning left).



Collisions occurring during one season of the year.



Collisions occurring at a certain time of day or during certain lighting conditions.



Collisions occurring under the same weather conditions.

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24 August 2021

Condition Diagrams

8-106.

When conducting traffic collision studies at a specific site, personnel will use additional detailed

information during the analysis process. A condition diagram that provides an accurate picture of the physical

conditions present at the location being studied can provide insight into the causes or contributing factors of

other collisions at the location. This information can provide insight into the effects that obstructions can

have on a driver’s view and road conditions.
8-107.

Condition diagrams may indicate that view obstructions are contributory causes of collisions. A

driver proceeding at normal speed on one street should be able to see another vehicle approaching at normal

speed from an intersecting street. Obstructions reduce this ability. A driver should have the time and visibility

to react and stop or slow a vehicle to avoid a collision. Obstructions increase stopping distances. Elements

that should be annotated on a condition diagram include—



Curbs.



Roadway limits.



Property lines.



Sidewalks.



Driveways.



View obstructions on corners.



Physical obstructions on roadway.



Ditches.



Bridges.



Traffic signals.



Signs.



Pavement markings.



Streetlights.



Grades.



Road surfaces.



Types of adjacent property.



Irregularities (potholes, dips).

8-108.

Personnel can obtain some diagram information from traffic collision reports and associated

collision diagrams. If the collisions are relatively recent, a site visit can provide required detail. Personnel

can prepare a condition diagram in conjunction with a field observation of the collision location. Field

observations should be made under the same weather and light conditions present during most traffic

collisions.
8-109.

After a traffic collision study is completed, recommendations for improvements should be made.

These recommendations may include—



Changes to traffic control devices and measures (repairs, modifications, or emplacements).



The removal of obstructions at high accident locations.



Safety and education programs.



Targeted enforcement measures.

TRAFFIC ENFORCEMENT

8-110.

The enforcement of traffic laws and regulations is an important public safety activity. The purpose

of traffic enforcement is to ensure that roads are safe for all traffic and to compel compliance with traffic

laws by motorists. Traffic enforcement is conducted when traffic control measures alone (traffic control

devices, public education campaigns) are ineffective in compelling compliance with traffic regulations,

restrictions, and other safety mechanisms required to protect persons, resources, and traffic flow. An effective

traffic enforcement program requires highly trained TMCIs. These specialized investigators are subject

matter experts in the laws and methods encompassed in executing traffic programs and conducting traffic

collision investigations.

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8-111.

Traffic enforcement is routinely employed in support of bases and base camps. In an effort to reduce

vehicle collisions and prevent injury or death to U.S. forces or local citizens, traffic enforcement can also be

employed during contingency operations as the AO matures to enforce command safety directives. Typically,

these traffic enforcement measures are conducted as a part of the overall police mission by military police in

support of base and other geographic commanders.
8-112.

Military police may also be required to enforce traffic regulations on an HN population (to maintain

an adequate level of civil control on the roadways and to conduct effective traffic management) until HN

capability and capacity can be generated. The enforcement of traffic laws on an HN population should be

done consistently with HN laws to the greatest extent possible. The unnecessary enforcement of traffic

control measures not consistent with HN laws and customs typically results in excessive noncompliance,

animosity toward U.S. forces, and the loss of credibility and legitimacy for U.S. forces in the eyes of the local

population. When traffic control measures must be enforced to protect personnel and resources, extensive

police engagement and other information strategies should be employed to educate the HN population and

ensure that traffic control requirements are understood.

ARGETED

RAFFIC

NFORCEMENT

8-113.

Targeted or selective enforcement is designed to compel compliance with traffic control regulations

and devices and to lessen the probability of traffic collisions at targeted high-risk locations or areas.

Noncompliant behavior is identified through citizen complaints, traffic studies, observations by patrols, or

other analysis of police information. During targeted or selective enforcement operations, select traffic patrol

assets are assigned to areas or intersections with specific enforcement guidance targeting specific, identified

behavior problems (specific times, locations, violations to be targeted). Proper data collection and analysis

are necessary for effective, targeted traffic enforcement activities.
8-114.

Continuous analysis and assessment of traffic flow, collision rates, compliance with traffic control

measures, and other applicable data are critical for accurate and informed targeting decisions. After a targeted

enforcement activity is initiated, data is gathered for analysis to assess the effectiveness of the specific

enforcement activity. Modifications to targeted traffic enforcement strategies may be necessary based on the

feedback and analysis of existing activities. Based on the analysis and assessment of traffic-related data,

targeted enforcement allows PMs, military police commanders, and staffs to better allocate limited traffic

enforcement resources. The dispersion of limited resources and the targeting of identified problem areas

facilitate the most effective use of law enforcement assets to protect personnel and resources, while mitigating

traffic disruptions caused by traffic collisions.
8-115.

When significant traffic problems are identified, saturation enforcement can be conducted.

Saturation enforcement measures are typically an option of last resort when other measures prove ineffective.

During saturation enforcement, law enforcement patrols converge on the specified problem area in much

larger numbers than during typical targeted enforcement activities. While conducting saturation enforcement,

patrols are typically instructed to enforce a no-tolerance policy for traffic violations. Saturation enforcement

is extremely manpower- and resource-intensive; it diverts law enforcement resources from other areas to

focus on problem areas. Saturation enforcement can also result in public backlash caused by a perception that

law enforcement elements are being unfairly stringent on a particular segment of the community.

HECKPOINT

PERATIONS

8-116.

Checkpoint operations conducted by military police are command-authorized inspections. The

purpose of checkpoint operations, within the context of traffic enforcement, is to create a deterrent effect

(perception of increased risk of detection, citation, and possible apprehension for traffic-related violations).

Checkpoint operations on bases and base camps during contingency operations can be incorporated into

existing random antiterrorism measures directed by the command and implemented by Army law

enforcement. Public information and education should be integral parts of vigorous enforcement program.
8-117.

Military police checkpoint operations are conducted routinely to suppress violations of driving under

the influence; enforce vehicle inspections, registrations, and driver licensing requirements; and address other

public safety concerns. Effective checkpoint operations require extensive planning and coordination.

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8-118.

Some factors to consider when implementing checkpoint operations include—



Policies and procedures.

Checkpoint operations should be conducted consistent with established

command and law enforcement policies. Military police must have specific procedures outlining

the conduct of checkpoint operations that address checkpoint requirements (manpower,

equipment, logistical support, safety, communications, transportation, command approval and

SJA support). Advanced mission planning and rehearsals are critical.



Safe locations for checkpoints.

The primary concern in checkpoint sites is the safety of the

general public and law enforcement personnel. Checkpoint sites should—



Be located in an area that can be controlled by law enforcement personnel.



Be located in sufficient space to establish inspection areas out of the traffic lanes and allow

vehicles not selected for inspection to proceed with minimal delay and disruption. These

inspection areas should allow for easy exit from, and reentry into, the flow of traffic.



Afford adequate visibility for approaching drivers and sufficient lighting within the

checkpoint and inspection area.



Accommodate higher force protection conditions when located within contingency

environments where an elevated threat level is present. The site should include areas where

Soldiers can engage threats from a covered position. Overwatch elements should be included

in the site security plan.



Traffic control devices.

Drivers should have clear warning and visibility access to checkpoints

well in advance of any required action on their part. Warning methods could include—



Warning signs, flares, safety cones, portable barriers, and other portable traffic control devices

for marking or closing lanes.



Portable lighting systems to illuminate an area. Care must be taken to ensure that lighting

does not blind approaching drivers.



Marked patrol vehicles with warning lights flashing to effectively warn approaching drivers.

When conducting operations with tactical vehicles, personnel should position vehicles with

headlights and flashers operating to provide adequate warning to approaching drivers.



Legal requirements.

Coordination should be conducted with the supporting SJA to ensure that

planned checkpoint operations are legally sound. Checkpoint operations must not target specific

individuals or groups (profiling). To withstand scrutiny allegations and legal challenges,

operations must be conducted in a manner that ensures that the persons inspected are chosen

randomly. The PM or DES director should have SJA conduct a review of checkpoint operations

to ensure checkpoint operations are conducted within legal constraints and that any citations or

apprehensions can withstand scrutiny and result in successful adjudication.



Training and certification.

Sufficient law enforcement personnel who are trained and certified

in field sobriety testing, breath alcohol content equipment, and other required capabilities should

be on-site to expeditiously process personnel.



MWD assets.

MWDs can be used to search for illegal drugs and explosive contraband. The

MWDs also serve as a significant deterrent by their mere presence on-site, and they can result in

spontaneous confessions by subjects transporting contraband.



Other logistical considerations.



Personal safety equipment.

Personal safety equipment (reflective vests, flashlights, other

standard law enforcement gear) should be worn by law enforcement personnel conducting

checkpoint operations.



Camera and video capability.

Cameras and video recording equipment should be on hand

to document evidence, as required.



Automation equipment and required administrative supplies.

These items should be

available to law enforcement personnel for required casework.



Spare radios, batteries, and other communications equipment.

These items should be

readily available to ensure constant communication with the military police desk.



Mobile breath test equipment and drug test kits.

These items should be readily available

at checkpoint sites.

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8-27

PEED

EASUREMENT

QUIPMENT AND

ONSIDERATIONS

8-119.

While speeding does not cause all collisions, it is a major contributor to many collisions.

Additionally, excessive speed increases the severity of collisions, potentially causing serious injury or death

and increased damage to personal and government property. Speed measurement devices are used by military

police to measure the speed of moving vehicles in speed enforcement activities and traffic studies (speed

studies).
8-120.

Speed measurement equipment available to military police include—



Radar systems.

Small Doppler radar devices can measure the speed of moving vehicles. These

devices can be handheld or vehicle-mounted systems. Handheld devices are typically used in

contingency environments. Military police must ensure that handheld systems requisitioned for

use in tactical vehicles are configured to the vehicle electrical system.



Light detection and ranging systems.

These systems are similar to radar systems, except light

detection and ranging systems use laser light to measure the speed of objects. Light detection and

ranging systems can be handheld or vehicle-mounted.



Video image detection systems.

This technology uses video cameras and associated software

applications to record vehicle numbers, types, and speeds. These systems are typically mounted

to a stationary object and oriented on the road or intersection.

8-121.

Speed measurement equipment systems require significant initial resource investments to cover

equipment and installation costs. Some jurisdictions only recognize specific types of speed detection

equipment. PMs, military police commanders, and staffs must ensure that the speed equipment used is

recognized by the judicial authorities within their AO.
8-122.

The use of speed measurement equipment requires training and periodic certification for law

enforcement personnel. Operator training includes site selection, equipment positioning and handling, the

use of an internal calibration system or tuning fork, and environmental effects judgment (terrain, structural

interference, weather conditions). Documentation of this training and certification may be required in judicial

proceedings. Speed detection systems also require cyclical maintenance, to include calibration. A scheduled

maintenance program must be established and records maintained of services performed by qualified

technicians according to manufacturer specifications. The proof of cyclical calibration may also be required

in judicial proceedings. The maintenance and calibration of speed detection equipment must be considered

when deployed into an austere environment where maintenance and calibration assets may be unavailable.

EHICLE

ONSIDERATIONS

8-123.

Typically, vehicles used during traffic enforcement operations in support of bases and base camps

are specially equipped sedans or light trucks. These vehicles will have, at a minimum, emergency light

systems, speed detection equipment, and law enforcement communications equipment. Additionally, they

may be equipped with other police package details, to include special interiors designed for transporting

apprehended persons; safety cages; automation equipment; and high-performance engine, transmission, and

suspension systems. The level of specialization is largely dependent on command priorities and resources.
8-124.

A law enforcement vehicle may be marked or unmarked. Marked vehicles will display markings to

make them easily recognizable to the public, to include top-mounted light systems and vehicle graphics

identifying them as military police. Other vehicles may be unmarked. Unmarked vehicles will have no

exterior graphics, and light systems will be covertly mounted to limit public ability to readily recognize the

vehicle as a police vehicle. Unmarked vehicles are used extensively by military police investigators and

USACIDC SAs; they are also a choice for some traffic enforcement operations.
8-125.

During the conduct of certain traffic tasks, unmarked vehicles are important to reduce the chance of

identification. During traffic studies, for example, law enforcement personnel may use unmarked vehicles to

avoid artificially altering data due to public reaction to a police presence. Similarly, during some traffic

enforcement activities, TMCIs may use unmarked vehicles to avoid premature detection. There are

advantages and disadvantages to each strategy.

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8-126.

The advantages of using marked vehicles include—



High visibility.

A marked car provides physical protection to personnel. Increased visibility can

provide added safety by alerting the public to a law enforcement presence and the possibility that

their maneuvers or actions on the roadway may not be consistent with normal vehicle operations.

In addition, visibility conveys the appearance of an active law enforcement program in support of

the community and fosters public support and good relations with the community.



Deterrent effects.

The mere presence of a marked vehicle typically has a deterrent effect. For

example, having a marked military police vehicle in a reduced-speed zone (in highly populated

market areas, school zones) can have an immediate effect on traffic speed, reducing levels without

the need for issuing citations.

8-127.

The disadvantages of using marked vehicles include—



Wind resistance.

Light systems mounted atop law enforcement vehicles increase drag, which

decreases acceleration and reduces fuel economy.



Habitual problem areas or flagrant violators.

While marked vehicles can be a deterrent by their

mere presence in an area (sometimes referred to as the halo effect), this is a temporary condition

that stops immediately upon departure of the vehicle. Instances where there are significant

problems with traffic violations or other offenses may require the use of unmarked vehicles to

reduce the visibility and predictability of law enforcement presence. The reduced detection ability

increases the probability of an offender being caught and reduces violations more effectively over

a longer period.

8-128.

The advantages of using unmarked vehicles include—



Stealth and anonymity.

Unmarked vehicles offer a greater degree of stealth and anonymity. In

cases where law enforcement does not want to be detected until the time and point of their

choosing, the use of unmarked vehicles is the preferred choice.



Detection of flagrant violators.

Flagrant violations will typically not occur at a high rate when

the violator knows that law enforcement patrols are in the area. The use of unmarked vehicles can

enable law enforcement to observe flagrant and habitual violators. The fact that unmarked vehicles

may be in the area can also increase any deterrent effect beyond periods where law enforcement

patrols (marked or unmarked) are physically present. Therefore, the unmarked vehicle can be an

effective traffic enforcement tool.

8-129.

The disadvantages of using unmarked vehicles include—



Low visibility.

Unmarked vehicles are less visible, by design, than marked vehicles. This can

create an increased risk for law enforcement patrols. Army law enforcement using unmarked

vehicles must be constantly aware of their surroundings and anticipate the actions of others. Only

experienced personnel should be tasked with missions using unmarked vehicles. The use of

unmarked vehicles also reduces the appearance of an active law enforcement program supporting

the community. This can lead to the perception that law enforcement personnel are not doing

enough to support the public need.



Officer misconduct.

The very anonymity that can be a benefit to traffic control and enforcement

efforts can also provide an opportunity for increased officer misconduct. While rare, some

personnel may feel that they are not recognized as Army law enforcement and engage in

inappropriate conduct. PMs, military police commanders, and operations officers must be

cognizant of this risk. As stated earlier, only experienced personnel should be tasked with missions

using unmarked vehicles.

TRAFFIC COLLISION INVESTIGATIONS

8-130.

TMCIs are specially trained to conduct collision investigations. They receive training and

designation as TMCIs upon successful completion of the Traffic Management and Collision Investigation

Course, Lackland Air Force Base, Texas. These investigators provide technical capabilities required for

conducting traffic collision investigations and augmenting military police capabilities in conducting traffic

enforcement and education. TMCIs reconstruct collisions involving fatalities or extensive property damage

and investigate collisions involving minor injuries or damage to government property. They are skilled in

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ATP 3-39.10

8-29

identifying safety issues with roadways, operator training deficiencies, and systemic mechanical problems

with vehicles.
8-131.

Traffic collisions are extremely confusing events. How they occur, who or what causes them, and

why they occur are factors that the military police must determine. All military police Soldiers should know

the fundamentals of traffic collision investigations and how to prepare traffic collision reports. TMCIs can

assist in minor traffic collisions, when required. Major traffic collisions involving death, serious bodily

injury, or significant property damage should always be investigated by trained TMCIs. ATP 3-39.12

contains in-depth information regarding traffic collision investigation techniques.
8-132.

Military police investigators or USACIDC SA may assume investigative responsibility in collisions

in which other offenses contributed to, or resulted from, a collision. Military police should notify the

supporting USACIDC element when a traffic collision involves a fatality or when an offense occurs that is

within the USACIDC investigative purview according to AR 195-2. In all cases, military police will complete

the investigation of the actual traffic collision. A copy of the collision investigation will be provided to other

law enforcement investigative elements involved.
8-133.

DA Form 3946 (

Military Police Traffic Accident Report

) contains the essential investigative

elements required (who, what, when, where, why, and how) to complete a traffic accident report. The report

will include required supporting documents (scaled diagrams, photographs, statements, results of breath

analysis). This information can provide for the maximum effective use of military police resources in

investigating traffic collisions.

ESPONSE

8-134.

When dispatched to a traffic collision, military police must quickly assess the situation and

determine priorities based on the severity of the collision, roadway blockage, injuries, environmental

conditions, and many other factors. The on-scene investigation is concerned primarily with data gathering

and recording.
8-135.

Upon arrival at a collision scene, military police must conduct a number of actions that may

include—



Establishing traffic control.

Military police should determine if traffic control is needed upon

arrival. Traffic control mitigates the risk of additional collisions caused by traffic flow degradation

resulting from the initial collision.



Minor collisions.

Damage is minimal, and no injuries are reported. Collision vehicles may

be directed out of the roadway to eliminate traffic control requirements.



Major collisions.

Vehicles are best left in place until an investigation of the collision site can

be completed. The intent is to prevent other collisions from occurring and to protect the scene

while gaining as much information as possible to accurately report the incident.

Note.

Additional patrols may be required to assist in traffic control until the scene can be cleared.

For major collisions involving life-threatening injuries or fatalities, scene processing may take

several hours.



Assessing incidents for the presence of HAZMAT.

Military police responding to a collision site

should always be aware that HAZMAT may be present. This is especially true in collisions

involving commercial vehicles. While not as likely, passenger vehicles may also have HAZMAT

onboard. Military police responders should—



Remain observant when approaching a scene for any signs of a spill or odor that might

indicate the presence of HAZMAT. Placards on vehicles can alert military police of

HAZMAT on board that may or may not have been compromised.



Identify safety precautions to protect law enforcement personnel and the public if HAZMAT

is discovered. The fire department or other HAZMAT response elements may be required.

See appendix C for additional information on responding to HAZMAT situations.

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24 August 2021



Identifying injured personnel.

Military police should determine the extent of injuries to people

at the collision scene and administer first aid and emergency treatment, as needed, while waiting

for medical first responders to arrive. The fire department may be required to extract personnel

trapped within the wreckage. Military police should always recommend that persons with injuries

(even minor injuries) seek evaluation by medical personnel to ensure that more serious medical

problems are not present.



Requesting additional support.

Military police must assess requirements for additional

emergency response capabilities. Support required can include—



Medical.



Fire.



HAZMAT.



Civil engineers.



Towing services.



Portable lighting.



Temporary traffic control devices and personnel.



Obtaining vehicle and operator information.

Military police should check the driver’s license,

military identification, vehicle registration, and proof of insurance of persons involved in the

collision.



Identifying damage.

Military police should determine damage to vehicles and surrounding

facilities and infrastructure and document all identified information.



Locating and interviewing witnesses.

Military police should identify and separate potential

witnesses. When possible, all witnesses should be separated until interviews are complete to

prevent discussion that may influence their perception of the events surrounding the collision.

Statements should be taken when potential witnesses are identified as having significant

information. All witness interviews that are not reflected on a witness statement should be

documented on the DA Form 3946.



Gathering required information.

Military police should obtain the facts surrounding the

collision for inclusion in the accident report. Information should be verified by statements or

physical evidence. This may include measurements for diagrams of the collision scene.



Completing the accident report.

Military police use all gathered data and observations to

complete the DA Form 3946 and supporting documentation.

EPORTS

8-136.

A DA Form 3946 should be thorough and concise. The report may be used in civil or judicial

proceedings, and the report reflects the professionalism and capability of the military police Soldier or TMCI

who prepared the report. Readers of traffic accident reports seldom know the writer; therefore, opinions are

often formed on the basis of the report. The credibility of the report can be compromised based on the initial

impression of the audience. Poorly written reports can make the most professional military police Soldier or

TMCI appear incompetent and unprofessional.
8-137.

Military police who prepare accident reports should strive for—



Accuracy, brevity, and clarity.

Plan and write reports so that they clearly and accurately state

the essential elements of the case.



Objectivity and impartiality.

Conduct a thorough investigation; the investigation must be

objective and impartial. Never take sides.



Completeness.

Ensure that reports contain the essential information of the investigation. The

report should answer the following questions—



What took place? Include all known actions leading up to and including the collision.



Who was involved? Include all persons surrounding the incident (drivers, victims,

pedestrians, and witnesses).



When did the collision occur? Include the date, day, and time (for example, 25 March 2011,

Friday, 1400).

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9-1

Chapter 9

Evidence and Forensics Support

The capability to properly secure and collect physical evidence in support of law

enforcement activities and other mission requirements is critical to successful criminal

prosecution and mission success. Evidence collection is a capability routinely

employed by military police across the full range of military operations. Some

operational environments may dictate abbreviated procedures; but when security

allows and time and resources are available, it is ideally performed to full evidentiary

standard. Advances in the forensic analysis of physical evidence collected at crime

scenes and incident sites have expanded the awareness of forensic capabilities and the

requirement for properly handling evidence to avoid contamination and maintain the

chain of custody. This appendix provides a brief description of the key activities

involved in evidence collection and forensic analysis. It focuses on tactics, techniques,

and procedures for use in evidence collection by military police, USACIDC, or others

involved in the collection and preservation of evidence. The processing and analysis

of collected evidence is covered in other publications, including ATP 3-39.12 and

ATP 3-39.20.

ANALYSIS AND CAPABILITIES

9-1.

The capabilities to collect, analyze, and exploit latent prints, DNA, firearm signatures, toolmarks, trace

evidence, documents, and media have all been employed with great success in support of military operations.

Deployable, expeditionary forensic laboratory capabilities have enabled significant expansion, timeliness,

and relevant evidence collection and forensic analytical capabilities that support commanders in operational

environments.
9-2.

The collection of physical evidence and follow-on forensic analysis enables analysts to identify

linkages between individuals, material, organizational infrastructure, and equipment (including weapons). It

identifies trends, patterns, and associations pertinent to specific incidents or exploitation sites; enables

operating forces to identify enemies and add depth and scope to the intelligence picture; and answering

commander’s critical information requirements. (See ATP 3-39.12 for additional information on evidence

collection, and see ATP 3-90.15 for additional information on site exploitation.) Forensics can provide

information and intelligence that supports the following:



Protection efforts.

Information derived from collected evidence and subsequent analysis can

enhance preventive protection measures by identifying threats and enabling commanders to

implement measures to mitigate hostile actions against U.S. personnel, resources, facilities, and

critical information.



Targeting actions.

Forensic analysis that identifies and attributes threat elements to specific sites,

actions, or networks and contributes to lethal and nonlethal targeting against threats.



Source identification.

Evidence collected and subsequent forensic analysis can be fused with

other information obtained through intelligence and operational channels to increase the

commander’s situational awareness and understanding of the origin and movement of components

used by threats, regional groups involved, and transnational sponsorships.



Support to prosecution.

Evidence collected, analyzed, and exploited by analysts, law

enforcement investigators, forensic laboratory examiners, and staffs can link individuals to

particular locations, events, or devices and establish trends, patterns and associations. These

results can be used to further criminal investigations. They can also be compiled to build a criminal

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24 August 2021

prosecutorial package for use in conjunction with the testimony of experts to further detain or

charge individuals who are suspected or proven to be involved in criminal acts against U.S. forces,

coalition forces, or resources.



Warrant-based operations.

As U.S. forces conduct stability tasks to strengthen legitimate

governance and restore or maintain the rule of law, they may be required to obtain judicially issued

warrants from the HN to execute site exploitation or targeting in support of the commander’s

objectives

KEY ACTIVITIES

9-3.

Physical evidence collection and forensic analysis as an overall capability is divided into the following

collection activities:



On-site.

On-site collection activities include the recognition, preservation, and collection of

evidence. These activities can be conducted by Army law enforcement patrols, law enforcement

investigators, emergency response teams, and other Soldiers at an incident site or crime scene.



Off-site.

Off-site activities include the storage of collected evidence, the analysis of evidence, and

the production and dissemination of forensic reports and police intelligence analysis.

9-4.

Depending on the mission and the environment, these activities can be conducted by evidence

custodians within law enforcement organizations and forensic laboratories, law enforcement investigators,

forensic analysts, police intelligence analysts, and military intelligence analysts. Figure 9-1 depicts evidence

collection and forensic analysis activities.

Figure 9-1. Key evidence collection and forensic analysis activities

-S

ITE ACTIVITIES

9-5.

Processing a crime scene or conducting site exploitation requires specific activities. The senior person

at the site is responsible for—



Overseeing the operations, security, and site assessment.



Specifying a detainee holding area or screening area for persons of interest discovered at the site

(if required).



Ensuring that a chronology of events is documented (a chronological timeline from arrival to

departure from the site).

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ATP 3-39.10

9-3



Ensuring that the site is cleared of threat personnel and EOD personnel have rendered the scene

safe from booby traps, and all explosive hazards and other hazards, to friendly forces, and clear

the scene of all bystanders or witnesses.



Prioritizing the site search.



Ensuring that the site documentation is complete.



Preparing required reports.

9-6.

While each situation is different, there are some key activities that are common when processing most

crime scenes or incident sites.

Initial Walk-Through Activites

9-7.

Initial walk-through activities are typically conducted by a military police Soldier or USACIDC SA

when the crime scene is processed. During contingency operations, this task may be conducted by a Soldier

or support personnel trained on the recognition, preservation, and collection of evidence and assigned to the

site exploitation element. The initial walk-through is conducted before the start of the deliberate search and

collection effort. When conducting a walk-through, the safety of on-site personnel is of primary importance.

Special attention should be placed on identifying potential hazards. Secondly, the individual conducting the

walk-through should focus on identifying the evidence and prioritizing the collection. Additional

considerations during the initial walk-

through include―



Establishing an entry control point.



Verifying the number of rooms (if searching a building).



Establishing the location for an evidence collection point.



Determining whether the initial cordon requires expansion to protect evidence or provide hazard

mitigation.



Identifying equipment or special skills (outside the capabilities of the team) required to adequately

process the site.



Determining the best search method for the site.



Identifying fragile evidence that should be collected during the initial walk-through or be

immediately protected from environmental conditions or inadvertent destruction by team

members.



Determining which items are safe enough to collect and those that require on-site processing

before collection (latent prints, trace).



Considering the use of evidence markers (large numbers on tent-shaped markers that can be placed

adjacent to evidence).



Considering the use of still or video photography (digital) to brief the team and document the

condition of the site as it was initially found.



Drawing a sketch map for briefing.



Annotating initial observations to use in briefing the team.

Recognition of Potential Evidence

9-8.

Military police, USACIDC, weapons intelligence teams, task-organized battalion site exploitation

teams, emergency response teams, and other Soldiers must be trained and capable of identifying materials

and data that have potential evidentiary or forensic value.

Preservation of Evidence

9-9.

The preservation of evidence involves protecting materials and data from the moment the items are

recognized as evidence or protecting incident sites or crime scenes where latent or other evidence not readily

identifiable is likely to be found. Evidence must be protected and preserved by available, reasonable measures

(marking, packaging, tracking) to prevent contamination, loss, or alteration. These measures may include

establishing cordons and entry control measures and providing physical protection to incident or crime scene

areas.

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Collection of Evidence

9-10.

Collection of evidence is the recovery of materials from incident sites or crime scenes. The incident

site or crime scene is documented, contextual information is recorded (within environmental and threat

constraints), and materials are inventoried. The presumptive testing of materials may also be involved. It is

critical to establish and maintain an unbroken and documented chain of custody. The collection of evidence

inherently includes its transfer to an adequate storage area or location where a more complete analysis can

be performed. Ensure that evidence is correctly processed by—



Attaching a DA Form 4002 (

Evidence/Property Tag

) directly to the item of evidence, the evidence

container, or the blank shoe tag that is attached to the item. Merely attaching a completed

DA Form 4002 to an item of evidence does not meet the requirements of AR 195-5. Each item of

evidence or sealed evidence container must also be individually marked for future identification.

If evidence is placed in a heat-seal bag, the tag on the bag may replace the adhesive label. Initiate

a chain-of-custody documentation (DA Form 4137 [

Evidence/Property Custody Document]

). This

documentation includes a list of the seized items (when, where, and by whom) and a description

of the items (including serial numbers).



Conducting quality control to ensure that evidence is properly packaged, marked, and documented.

All items of evidence should be marked (on the container, not on the evidence) with the initials of

the collector and the time, date, and location of collection.

Evidence for Transfer

9-11.

The original and three copies of DA Form 4137 must be completed and updated each time custody

changes for any piece of evidence. The original and the first two copies are submitted to the evidence

custodian. The third copy is placed in the official case file.

Laboratory Request

9-12.

DD Form 2922 (

Forensic Laboratory Examination Request

) is used to begin a laboratory request if

one is required.

-S

ITE ACTIVITIES

9-13.

Off-site activities include the processing, storage, and analysis of collected items and the production

and dissemination of site exploitation reports to inform and support follow-on activities. Off-site collection

and forensic analysis activities support technical exploitation. Activities include the appropriate storage of

collected materials; the analysis of collected materials based on the availability and location of supporting

forensic capabilities; the production of forensic reports that document facts; information and intelligence that

result from the analysis and dissemination of the reports to submitting organizations and other consumers of

forensic information, as appropriate.

Storage of Collected Evidence

9-14.

Materials and associated information must be maintained until associated law enforcement

investigations or tactical operations are fully adjudicated or resolved. Storage mediums must be adequate to

preserve perishable evidence and prevent the degradation of evidence, to the maximum extent possible.

Policies and procedures relevant to specific missions or activities will dictate proper disposition.

Analysis of Evidence

9-15.

This activity includes analysis by investigators and trained analysts and technical examinations at

forensic laboratories. Even though analysis predominantly occurs away from the incident site or crime scene,

initial analysis may begin at an on-site location through the recognition of materials and contextual

information.

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ATP 3-39.10

9-5

Production and Dissemination of Forensic Reports and Police Intelligence

9-16.

After analysis is complete, the results are catalogued and the appropriate reports and products are

produced. These reports and products are shared according to policies and procedures relevant to the specific

mission and the operational environment. The dissemination of forensic reports and associated police

intelligence enables the effective exploitation of collected evidence and resultant data. Exploitation can be

conducted by law enforcement and legal personnel (in criminal cases) and by U.S. military commanders (in

contingency operations) when information and police intelligence is integrated into the operations process.

Exploiting the results of forensic analysis can lead to targeting actions, apprehensions, and prosecutions of

suspects. See ATP 3-39.20 for additional information on the production and dissemination of police

intelligence and police information.
9-17.

Evidence collection and forensic analysis are integral activities to criminal investigations, crime

prevention strategies, police patrols, and broader police intelligence activities on Army installations. Within

contingency operations, police information and police intelligence resulting from a forensic analysis of

collected evidence provides critical information to the operations process and feeds the intelligence process.

See ATP 3-39.20.

IDENTIFICATION, PRESERVATION, AND COLLECTION OF

EVIDENCE

9-18.

Evidence collection and subsequent forensic analysis are conducted across all environments, ranging

from stable environments and associated law enforcement activities to unstable environments associated with

contingency operations. Military police support collection efforts across the entire range of environments.

Military police can function solely as part of a U.S. military law enforcement effort, a multinational law

enforcement effort, or general military operations supporting site exploitation efforts. Site exploitation is

systematically searching for and collecting information, material, and persons from a designated location and

analyzing them to answer information requirements, facilitate subsequent operations, or support criminal

prosecutions. See ATP 3-90.15 for additional information.
9-19.

During law enforcement operations (including stable contingency environments that support U.S. and

HN populations), the collection of evidence by military police law enforcement patrols responding to a crime

scene is limited to items directly resulting from a search incident to apprehension or that may pose a danger

to law enforcement patrols and others in the area (weapons, drugs). Military police law enforcement should

initially focus on—



Assessing and prioritizing immediate or potential dangers and taking action to ensure that persons

at the crime scene or incident site (to include law enforcement personnel) are safe.



Requesting additional resources (when required) and establishing and maintaining control of the

situation.



Identifying and segregating victims, possible subjects, and witnesses to the crime or incident.



Securing the crime scene or incident site.



Conducting initial investigations and initial interviews of victims, possible subjects, and witnesses.

9-20.

Potential evidence should be identified as early as possible by responding law enforcement patrols.

However, many times the priority of work for first-responder law enforcement elements does not allow an

extensive search of the area until additional patrols and law enforcement investigators arrive at the scene.

Once additional patrols or law enforcement investigators arrive, the division of labor can be established by

the senior military police or law enforcement investigator at the scene. Any evidence identified by patrols

should be protected by collection and preservation or by establishing cordons to limit access to the evidence

site and enable a deliberate search for additional evidence.
9-21.

All personnel who are not essential to processing a scene, to include unit and law enforcement

leadership, should stay outside the established cordon area to prevent the contamination or destruction of

evidence. Leadership should be briefed outside the crime scene or incident site by the senior military police

or law enforcement investigator. During contingency operations, the senior leader in charge of the site may

be nonmilitary police or USACIDC personnel. Incidents involving chemical, biological, radiological,

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9-6

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24 August 2021

nuclear, and explosives, regardless of the environment, may require specially trained HAZMAT, CBRN, or

EOD personnel to control the inner cordon until the area is rendered safe.
9-22.

At major or complex incident sites or crimes scenes, a deliberate systematic search of the site to collect

and document identified evidence should be conducted under the supervision of military police investigators

or USACIDC SAs with military police patrols supporting the effort.
9-23.

Upon arrival of military police investigators or USACIDC SAs, military police law enforcement

patrols should thoroughly brief the law enforcement investigators regarding—



Response to, and observations of, the incident.



Physical characteristics and the layout of the crime scene or incident site.



Behavior and the general demeanor of victims, subjects, and witnesses.



Observed physical characteristics of the crime scene and the actions or behaviors of victims,

subjects, or witnesses that seem odd or out of place. These observations can be helpful to law

enforcement investigators as they conduct the investigation.



Victims, witnesses, and potential subjects.



Initial interview and investigation results that were conducted by responding military police

patrols.



Identified evidence (including evidence physically collected and protected, but still in place).



Physical locations and established boundaries of secured crime scenes.

9-24.

In unstable environments, especially those consistent with contingency operations, evidence collection

may be conducted in conjunction with hasty or deliberate site exploitation operations. Hasty site exploitation,

including the collection of valuable evidence, is typically conducted in time-constrained environments,

especially when the threat is too high to risk extended presence on an objective, incident site, or crime scene.

This type of exploitation is conducted on an objective or site that can provide military forces an immediate

and timely opportunity to exploit threat information gained through collected evidence and statements from

personnel. It may be conducted by functional military police elements or as part of a combined arms team.

Hasty site exploitation procedures should be included as a contingency operation in most operational plans.

Hasty site exploitation is warranted in many instances, to include following:



An immediate incident response (as with the explosion of an improvised explosive device or other

attack).



The discovery of a weapons cache.



A raid mission or an assault where information, personnel, or material require collection.



A tip from an informant regarding threat activity, personnel, or material.



A deliberate site exploitation where evidence of a previously unknown site is discovered.

9-25.

Deliberate site exploitation is conducted when there is sufficient time available and the conditions are

conducive to secure the site, conduct deliberate planning and rehearsals, and move dedicated site exploitation

assets to the site. This will typically be a combined arms operation employing technical specialties from

numerous branches. When specific information or material relevant to a commander’s critical information

requirements is identified, hasty site exploitation can evolve into deliberate site exploitation. Deliberate site

exploitation teams should include technical and functional experts that can enhance the team’s ability. The

specific technical capabilities required should be based on the type of site being exploited and the material

expected at the site. The ability to include specialized assets as part of the site exploitation team can expedite

the collection effort and the subsequent analysis of evidence collected for exploitation.

RIME

CENE OR

NCIDENT

ITE

ROCESSING

9-26.

In any criminal investigation, the validity of information obtained from physical evidence and

subsequent analysis may be challenged if the evidence has not been protected from contamination and an

uncompromised chain of custody has not been maintained. Evidence must be properly collected, handled,

and stored to ensure that the integrity of the evidence and the validity of a subsequent analysis are maintained

and can survive scrutiny. This can also be critical for evidence collected during nonlaw enforcement-related

military operations. Many times, evidence collected and processed during military operations is required to

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9-7

successfully prosecute war criminals, terrorists, or other threat elements conducting criminal activities against

U.S. forces and our multinational and HN partners.
9-27.

No two crime scenes or incident sites are the same. Military police and USACIDC Soldiers and leaders

must evaluate each site individually and conduct evidence collection based on the specific crime or the

incident, threat, or hazard specific to the site; command and PM policies and directives; and other

considerations that affect the environment. Each crime scene or site must be evaluated by responding military

police and USACIDC personnel based on the type of incident; environmental conditions; personnel involved;

and the threat (or other hazards) to responding personnel, witnesses, victims, and the general population. The

senior, on-site military police or USACIDC SA should take charge and plan the activities of other responding

or supporting personnel. At bases and base camps (for crimes or incidents in which USACIDC has purview

as dictated by AR 195-2), the senior USACIDC SA will typically maintain operational control of the crime

scene, with military police elements in support. The senior military police Soldier on-scene should coordinate

directly with the senior USACIDC SA on-scene to determine required support requirements.
9-28.

The senior military police or USACIDC SA

should take actions to ensure that the―



Site is protected.



Restrict foot or vehicle travel through the site to protect evidence.



Emplace ropes, tapes, signs, and guards to limit access.



Military police and investigators follow general guidelines for processing crime scenes. These

guidelines are applied in sequence, and they are relevant to most incident sites or crime scenes

(although the conditions of individual sites will vary).



Observe.

Perform an initial walk-through and search for items, but do not disturb them.



Record.

Document the site and the evidence using photographs, sketches, and notes.



Preserve.

Use proper containers and chain-of-custody documents to protect items.



Process and collect.

Dust for latent prints, and bag and tag items (Consider superglue fuming

of nonporous items for preservation of latent fingerprints wherever possible).



Transport.

Safely move the items and paperwork to the appropriate analytical element as

soon as practical.

VIDENCE

OLLECTION

9-29.

The array of possible evidence at any location is as varied as the incidents or crimes associated with

those locations. The collection of material at any crime scene or incident site must be prioritized and

conducted based on the type of incident, any threat or hazards associated with the site, and other

environmental conditions. Collectors wear gloves when gathering evidentiary material; this is for their safety

and the protection of evidence.
9-30.

Some evidence cannot be easily identified or is not easily collected by simply picking the item up. It

should be noted that not all evidence is obvious or visible to the collector. For some types of evidence,

additional measures must be taken to identify, collect, and preserve the evidence for further evaluation and

use in criminal investigations and legal proceedings. Some evidence must be further developed (latent prints,

blood stains) to be visible, while other items are simply too small (trace evidence) to be readily seen without

the use of specific techniques and equipment. Other materials may be large enough to be observed but may

be hidden by other objects.
9-31.

Examples of potential evidence that dictate the need for further processing or the use of special

techniques to detect and collect them can include―



Latent prints (fingerprints, palm prints, and footprints).



Trace evidence.



Impressions (footwear, tire tracks, toolmarks).



Biological materials.

Chapter 9

9-8

ATP 3-39.10

24 August 2021

Latent Prints

9-32.

Latent prints can be on nearly any surface. There is a chance that anything touched by an individual

could bear latent prints which may be collected as evidence. Latent prints are characterized as porous or

nonporous. Porous surfaces can include cardboard, paper, and unfinished wood. Latent prints are difficult to

extract from porous material. The best method is to collect and package the entire piece of material and

transport it to a laboratory for print development by chemical or other means.
9-33.

Nonporous material is typically an easier medium from which latent prints can be developed and

collected. These materials can include glass, metal, finished wood, plastic, and other materials. Nonporous

surfaces can also include textured surfaces (vinyls, appliances, computers, vehicle interiors). Items where

latent prints are detected (handheld mirrors, drinking glasses) can be collected for analysis off-site. If the

entire object cannot be seized, the use of print powder and tape can be used to lift a latent print from a

nonporous surface. Army law enforcement investigators have the equipment and materials necessary to apply

powder and lift latent prints from nonporous surfaces. See ATP 3-39.12.
9-34.

Latent prints can be found by several means. A close examination of a surface may reveal the presence

of a print to the naked eye. Scanning a surface believed to have latent fingerprints with a flashlight held

obliquely (almost parallel) is effective for many surfaces. Perform cyanoacrylate (super glue) fuming of all

nonporous evidence whenever possible. Items that are believed to have been handled, but do not show a

visible print, should be seized for analysis off-site.
9-35.

After a print is located and before processing it, make note of its location and condition. This data

should be included in any sketches produced of the scene. The latent print should be photographed as found,

using midrange, close-up, and close-up with scale identifier techniques. The use of an oblique light may be

necessary to obtain the photograph. The close-up photograph of the fingerprint should fill the frame.

Trace Evidence

9-36.

Trace evidence is minute quantities of material found on other material or evidence. It can be hairs,

fibers, powder, or other residue. These small quantities of material are sometimes difficult to locate and

extract. At times, large objects must be collected so that trace evidence can be extracted in a laboratory. When

trace evidence is located at a crime scene or incident site, the location of the material must be documented

and photographed before collection.
9-37.

First, examine the area suspected of containing trace evidence to determine what is visible to the eye

without enhancement. The likelihood of finding trace evidence can be enhanced by using oblique lighting

(shining a light source [such as a flashlight] almost parallel to the surface being examined). Darkening the

room while using oblique lighting is a technique that may enhance the visibility of trace evidence. Trace

evidence may also be collected when packaging other evidence by placing clean paper beneath the evidence.

The process of packaging the original evidence may cause trace evidence to fall onto the clean paper beneath

where it can then be documented and collected.
9-38.

Always wear gloves when collecting trace evidence. Rubber tip or plastic tweezers are best for

collecting hair and fiber material. Other residues may be collected using low-tack tape; the sticky portion of

adhesive notepads can be used as a field-expedient method. Trace evidence should be collected in clean paper

using a druggist fold. A druggist fold consists of folding one end of the paper over one third, and then folding

the other end one third over that. The process is then repeated from the other two sides. This creates nine

squares when unfolded. Place the evidence into the center square and refold. The outside two edges can then

be tucked into each other to make a closed container to protect evidence and keep it from falling out of the

container. Once the evidence is folded into the paper, it can be sealed and marked appropriately. It is best not

to package hairs, fibers, or biological evidence in plastic bags; plastic does not allow moisture within these

materials to dissipate, thus increasing the chance of mold. See ATP 3-39.12.

Impressions

9-39.

Impressions can be left behind as two-dimensional or three-dimensional imprints. Two-dimensional

impressions are typically left on flat, hard surfaces; three-dimensional impressions are left in material that is

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ATP 3-39.10

9-9

softer and gives way under the weight or pressure of the object leaving the impression. Impressions can result

from many actions and can include footwear prints, tire tracks, or toolmarks.
9-40.

After locating the impression, and before processing, document the location and the condition of the

found item. Include a location description in any sketches produced. Photograph the impression as found

using midrange, close-up, and close-up with scale identifier techniques.
9-41.

Two-dimensional impressions can sometimes be lifted by powdering and using fingerprint tape. If the

impression is larger than the width of the tape, layer the tape (with a 1/4 inch or more overlap) so that it fits

over the impression. Place the lifted impression on a clean sheet of paper, and then package it for transport.
9-42.

For three-dimensional impressions, collect the entire item containing the impression if possible. For

example, a toolmark on a door frame can be collected by removing the damaged section of the door frame.

Sometimes, the only way to collect a three-dimensional impression is by casting or photographing it.

Photograph the toolmark from various angles so that all characteristics of the impression, including those on

the vertical sides, can be seen. Photographs of impressions must be taken with and without a scale in the

frame.

A flash may be required to obtain adequate detail in darkness or when shadows are a problem.

Biological Materials

9-43.

All biological materials at crime scenes or incident sites should be treated as a biohazard and handled

with great caution. Latex, nitrile, or other nonporous polymer gloves must be worn when recovering and

packaging biological evidence. Additional personal protective equipment (eye protection, surgical masks,

full-body protective covering) is recommended. All items of evidence should be carefully documented before

collection, to include photographing the evidence at the original location. If sketches are produced, include

the location of the evidence on the sketch.
9-44.

When packaging clothing or other evidentiary items that have blood, urine, or other biological material

on them, ensure that the items are dried and packaged separately. Each item must be packaged separately in

clean paper or cardboard packing material. Gloves should be changed after handling each item of evidence

to avoid cross contamination. Also, evidence collectors should avoid talking, coughing, or sneezing around

or over unsealed evidence to avoid cross contamination.
9-45.

Clean, sterile swabs or swatches must be used to collect blood or other fluid samples. Dried blood or

other suspect stains can be sampled with a swab or swatch moistened with clean water to gather a sample.

Allow samples to air-dry before storing them in dry, breathable containers (paper or cardboard).

VIDENCE

ONTAMINATION

9-46.

Evidence (fingerprints, hairs, saliva, or other contaminants) can be contaminated through contact with

people or from cross contamination between items of evidence. Military police and USACIDC Soldiers must

exercise care to avoid evidence contamination to the greatest extent possible.
9-47.

General measures to

avoid contamination of evidence include―



Using personal protective equipment to reduce the risk of individuals causing contamination.

Collect and handle items gently with gloved hands (change gloves between handling different

items of evidence). Be cognizant of what is handled with gloved hands before handling evidence.



Handling evidence where fingerprints are least likely to be (on corners, edges, rough surfaces).



Practicing extreme care when using instruments to collect evidence (such as tweezers) to prevent

possible destruction or alteration of the physical characteristics of the evidence. Ensure that any

instruments used to collect evidence are sterile.



Avoiding writing directly on evidence, when possible.



Packaging items separately. The integrity of evidence must be maintained from the site to the

laboratory; protect it from physical breakage, contamination, bacterial growth, and such. (See table

9-1, page 9-10, for detailed evidence collection guidelines.) When packaging items—



Use appropriate containers (clean bags, boxes, envelopes, cans).



Use clean, folded paper or paper bags instead of plastic bags for biological materials.

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9-10

ATP 3-39.10

24 August 2021



Ensure that improvised packaging is clean (so as not to contaminate the evidence). For

example, using ammunition cans for guns or spent shell casings may transfer residue to the

weapon. Using suitcases for clothing can cross contaminate DNA from hairs, fingernails, skin

cells, or other contaminants.



Use a druggist fold of clean paper for small or trace items of evidence.

Table 9-1. Evidence collection guidelines

Item

Collection

Recommended Packaging

Sharp glass,

metal objects,

and metal

fragments

•

Use tweezers to handle objects.

•

Be aware of possible fingerprints.

•

Collect glass on top of shoes or clothing or on

the hair of a subject or victim.

•

Wrap items in paper or another

cushioning material to protect sharp

edges.

•

Place wrapped items in paper bags, and

place bags in a rigid container.

Firearms

•

Photograph weapons in place. Note the position

of the safety, selector lever, and hammer (when

possible); and add items to any sketches made.

•

Render weapons safe by removing all

ammunition. Do not remove ammunition from

loaded magazines. Ammunition may have latent

prints. Save the ammunition as evidence (it may

be useful for comparison analysis and may

contain latent prints).

•

Handle firearms only on rough surfaces (to

prevent damage to other latent evidence).

•

Record the manufacturer, model, and any serial

numbers or other markings found.

•

Place firearms in a cardboard box or

wrap them in paper.

•

Package ammunition similarly, but wrap

it separately from the weapon.

Documents

and drawings

•

Photograph items in place (when possible), and

add them to any sketches made.

•

Examine items for information on activity plans,

personal contacts, handwriting samples, and

other exploitable information.

•

Examine documents for fingerprints. Use care

when handling (pick up by the edges to lessen

the chance of disturbing latent evidence).

•

Seize paper pads that may contain indented

writings.

•

Place items in a paper envelope or

plastic bag and then in a cardboard box.

•

Use any available dry, clean bag or box

for field expediency.

Computers,

laptops, digital

cameras, and

other

electronic

devices

•

Photograph in place (when possible), and add

to any sketches made.

•

If a device is powered off, do not power on.

•

Home computers: If on, observe open

programs. If of evidentiary value, photograph

and consult with digital forensic examiner.

Otherwise, power off the system.

•

Laptops: Same as above. Remove the battery

then power cord if connected.

•

Mobile devices: If possible, place in airplane

mode or otherwise disconnect from network

(faraday bag). Maintain power to the device

and consult with digital forensic examiner.

•

Package items in butcher paper.

•

Do not tape items directly to the

computer tower or laptop; only attach

tape to the butcher paper.

•

Place items in a cardboard box.

Note.

Digital electronic items may have

tracking capability that can allow them to be

tracked by criminal or threat elements.

These items should be placed in Farady

bags or others shielded containers and

transported to personnel trained in digital

analysis as quickly as possible to expedite

exploitation and to mitigate tracking threats.

Evidence and Forensics Support

24 August 2021

ATP 3-39.10

9-11

Table 9-1. Evidence collection guidelines (continued)

Item

Collection

Recommended Packaging

Computers,

laptops, digital

cameras, and

other

electronic

devices

(continued)

•

Collect USB devices, DVDs, CDs,

memory cards, and passwords.

DVDs and CDs

•

Photograph in place (when possible)

and add them to any sketches made.

•

Pick up items on the edges to avoid

disturbing latent evidence.

•

Place items in an envelope, paper CD

envelope, or butcher paper; and place them

in a cardboard box.

•

Do not allow the tape to touch the DVDs or

CDs.

•

Prop up the evidence so that only the edges

are touching the sides of the box.

Chemicals

•

Do not collect CBRN hazards unless

absolutely necessary. Obtain safety

guidance from trained CBRN or

HAZMAT personnel.

•

Photograph items in place (when

possible), and add them to any

sketches made.

•

Never mix chemicals.

•

Place less than 5 mL (2–3 mL) of chemical

sample into a sealed glass container,

preferably with a polytetrafluoroethylene-

lined cap.

•

Use trained personnel to retrieve and

package chemical evidence.

Tobacco

products and

matches

•

Examine items for DNA, saliva, latent

prints, lip gloss, or lipstick.

•

Examine matches for fingerprints and

other evidence that is recoverable in

a laboratory.

•

Place items in a clean envelope or a druggist

fold, seal it, and place it in a metal container.

•

Use a clean glass jar or metal container for

field expediency.

Biological

material

(saliva, semen,

urine)

•

Photograph items in place (when

possible), and add them to any

sketches made.

•

Collect a dry sample by moistening a cotton

swab.

•

Prepare a moist or liquid sample by

absorbing the substance onto a cotton swab.

Allow to air dry.

•

Dry samples in place inside a paper bag; or

use clean paper, wrapped in another layer of

clean paper.

Soils and

minerals

•

Dig soil and mineral samples from an

outside area. Collect at least 4

ounces per sample.

•

Examine carpet or other flooring,

shovels and other tools, and various

locations within a vehicle

(accelerator, clutch, trunk, vehicle

carpet) for soil samples.

•

Place the sample in a small vial, jar, or clean

metal can.

•

Use any clean glass jar or metal container

for field expediency.

Tools

•

Photograph in place (when possible),

and add them to any sketches made.

•

Place the evidence in a cardboard box,

ensuring that the working surface of the tool

is protected

Toolmarks

•

Photograph (when possible), and add

them to any sketches made.

•

Photograph in place (when possible),

and add them to any sketches made.

•

Collect the item, when possible.

•

Cushion items with paper towels or cotton;

place them in a cardboard box.

•

Use any clean cardboard box for field

expediency.

Chapter 9

9-12

ATP 3-39.10

24 August 2021

Table 9-1. Evidence collection guidelines (continued)

Item

Collection

Recommended Packaging

Toolmarks

(continued)

•

Remove the toolmark if the toolmark

is part of a larger item (door, window

frame, fence, other marked object).

Mark the edges cut by investigators.

Building

materials

(insulation,

wood, roofing

materials,

ceiling

particles)

•

Collect samples of other material

containing residue; gather as much of

the damaged area or residue as

possible.

•

Package small trace evidence by putting it in

a padded container or a druggist fold.

•

Use clean toilet paper or paper towels (when

necessary) as field-expedient packaging

materials.

•

Wrap larger samples in clean paper, and

place them in a clean cardboard box.

Paint

•

Ensure that wet paint is dry before

collection; scrape or cut it from the

surface.

•

Collect paint chips (about the size of

a nickel) from the top layer of the

original surface of the object painted.

This may require cutting out the

sample from the top all the way to the

surface.

•

Collect a full layer (to include the top

layer) through the surface if there is

damage to a wall.

•

Collect small chips by placing them in a

druggist fold and then place the paper in a

larger envelope.

•

Collect dried paint by scraping it into a

druggist fold or seizing the entire substrate.

•

Document the label with the color of the

sample and layers of liquid within the

sample.

Drugs and

narcotics

•

Photograph and sketch items in

place.

•

Do not try to process clandestine drug

laboratories as they may have

extremely dangerous chemicals and

booby traps.

Note.

A site that contains large amounts

of drugs or narcotics is likely to have

additional items related to that activity,

including currency, weapons, business

logs and other written records, and

computers containing associated digital

records.

•

Ensure that pills are counted and placed in

plastic or glass jars or pill boxes. Keep pill

types separated.

•

Ensure that plant material (biological

substances) is not placed in plastic bags.

Moisture within the material can cause mold

if not packaged in breathable containers.

Wires, ropes,

and cords

•

Photograph in place (when possible),

and add them to any sketches made.

•

Ensure that smooth (plastic) material

is examined for possible latent prints.

•

Examine woven materials (rough

surfaces) for evidence (skin cells [do

not touch with bare hands]).

•

Consider the possibility of biological

material on ropes, cords, or wires.

•

Do not untie knots. Cut away a

section as far as possible from the

knot.

•

Collect small pieces by placing them in a

druggist fold and then double-wrapping it in

a larger envelope.

•

Collect large sections by rolling them into

wrapped paper and then placing them in an

appropriately sized paper bag.

•

Use any clean paper bag or cardboard box

for field expediency.

Tape

•

Photograph in place (when possible),

and add them to any sketches made.

•

Place balls of tape on glass or hard

plastic surfaces.

•

Place tape in a clean cardboard box to

preserve the nonstick side.

Evidence and Forensics Support

24 August 2021

ATP 3-39.10

9-13

Table 9-1. Evidence collection guidelines (continued)

Item

Collection

Recommended Packaging

Tape

(continued)

•

Place unraveled tape with the sticky side on

glass or a hard plastic surface to prevent

smudging and smearing.

•

Photograph in place (when possible), and add

them to any sketches made.

•

Place balls of tape on glass or hard plastic

surfaces.

•

Place unraveled tape with the sticky side on

glass or a hard plastic surface to prevent

smudging and smearing.

•

Place tape in a clean cardboard box

to preserve the nonstick side.

Burnt paper

•

Examine whether evidence needs to be hand-

carried to a laboratory or storage site.

Note.

Burnt paper is difficult to collect without

destroying it; sometimes burnt paper simply turns

black instead of disintegrating.

•

Place a piece of paper under the

burnt paper.

•

Place paper in a box padded with

toilet paper or paper towels.

Postblast,

and UXO

sites

•

Do not touch UXO or HAZMAT.

•

Contact EOD or other specialized units that

service such sites immediately.

Legend:

CBRN

DNA

EOD

chemical, biological, radiological, and nuclear

deoxyribonucleic acid

explosive ordnance disposal

UXO

milliliter(s)

not applicable

unexploded ordnance

Note.

Areas containing, or suspected of containing chemical, biological, radiological, nuclear, and

explosives material or explosives should be secured and left for technical CBRN, EOD, or other

experts to process. This includes unexploded ordnance or stockpiles of ammunition and

explosives. Postblast sites also require specialized training and expertise to safely and effectively

process. In contingency environments, command guidance, policy, and established procedures

must be followed when determining the appropriate actions for these types of sites.

EARCH

ETHODS

9-48.

A variety of search methods can be employed at crime scenes and incident sites. The specific method

used to process a particular site is based on the individual characteristics of the site, the time available to

safely process the site, the skill level of the team, the tools and equipment available, and the importance of

the evidence itself. The search method should be determined by the senior military police or USACIDC SA

on-

site or the appropriate unit commander as appropriate. Search methods include―



Zone search.

A zone search is conducted by dividing the site or area to be searched into smaller

manageable areas or zones. Searchers are then assigned specific zones in which to concentrate

their search efforts. This method works well for searching buildings and individual rooms. Within

each zone, a separate search method may be employed (such as a strip or quadrant method).



Circle or spiral search.

This method requires the searcher to start at the outside of the area or

room and move in a slow circle search, gradually closing the radius to spiral the pattern inward.

Care must be exercised to avoid the tendency to speed the search as the spiral tightens toward the

center. To ensure thoroughness, the pattern should then be reversed to cover the same area from

the opposite direction. This can be done by the same searcher, or another searcher can be

employed.



Strip and line search.

This method is typically used for large areas (including outside sites). The

area is divided into lanes or strips that can be searched by one person (1 to 2 meters in width). The

search begins on an outer strip. After moving completely through each strip, the searcher moves

Chapter 9

9-14

ATP 3-39.10

24 August 2021

to the adjacent strip and searches in the opposite direction. The pattern continues until the entire

area is searched.



Line search.

This method is a variation of the strip and line search and is used when multiple

searchers are available. The lanes or strips are set, and multiple searchers move down individual

lanes simultaneously.



Grid search.

In this method, two sets of lanes (similar to the strip and line method) are set at 90°

angles to form a grid. The lanes are searched first in one direction; then the area is searched again

by going over the same terrain at a 90° angle to the first search. The grid search is more time-

consuming, but provides a greater degree of thoroughness and a higher likelihood that all available

evidence will be found.

9-49.

When searching rooms and buildings, searchers should not neglect wall hangings. Remember to search

under and behind pictures or other items on the wall. Be watchful for false ceilings, false walls, false

floorboards, storage areas, attic doors, and hidden compartments. Search under and behind furniture and

appliances.
9-50.

For vehicle searches, the zone method works well. The vehicle is divided into segments or zones and

methodically searched. All areas of the passenger interior and storage compartments should be searched, to

include pulling up corners of carpeted areas. Thoroughly search the trunk and engine compartment, looking

under spare tires, behind padding, and inside storage compartments. On vehicles without molded bumpers,

check behind bumper assemblies. The trunk, dash assembly, door panels, bumpers, fuel doors, and other

areas should be checked for hidden compartments.

OCUMENTATION

9-51.

Proper documentation of the crime scene or incident site and all associated evidence can be critical to

the value of the evidence during subsequent analysis and criminal prosecution. Documentation of the site

helps provide context to the evidence, spatial references between evidence and other objects or features of

the site, and the identification of specific physical aspects of the site itself. Following general documentation

of the crime scene or incident site, more detailed documentation of specific evidence or other subelements of

the site (individual rooms, courtyards, detached buildings, or other items) should be conducted.
9-52.

The cri

me scene or incident site is typically documented through―



Notes.



Photographs.



Sketches (hand drawn or digital).

Notes

9-53.

Detailed notes should be taken while the site or crime scene is being documented to complement

photographs and sketches and to document observations of the crime scene, the incident site, and associated

personnel. Describe the general layout of the room or area and anything that is important to help recall details

later. Provide descriptions of individual items and their relation to each other and their environment. The note

taker should also document behaviors, spontaneous statements by personnel at the crime scene, or other

observations that may help investigators during follow-up investigations.
9-54.

Notes taken will be used to support sketches and follow-on reports. The notes taken at the scene should

complement or add clarifying detail to the content of sketches and photographs. Details from notes taken at

the scene can also provide law enforcement investigators and police intelligence analysts with details that

help build an understanding of the specific incident or case.

Photographs

9-55.

Photographs to document crime scenes and incident sites are generally broken down into general or

overall site photographs, midrange photographs, and close-up photographs. Ensure that the flash feature is

turned off before taking any incident site photographs until the site has been deemed clear of potential

improvised explosive device hazards, especially inside structures. Video documentation can also be used to

document crime scenes. Military police should keep a journal of the photographs taken. This allows the

Evidence and Forensics Support

24 August 2021

ATP 3-39.10

9-15

annotation of deleted photographs, photographs taken out of sequence, and adds context to the photograph

for further identification when being looked at later. During detainee processing, photographs of the detainee

should be taken with the captured material to associate the detainee with the evidence.

9-56.

An overall photograph of the area shows the general site condition. It is taken to portray a wide general

view of the area being documented. It can also show the original position of large objects, bodies, or other

evidence. Site photographs can be used to document efforts to hide evidence. Evidence markers can be useful

for documenting specific items of evidence and can be used to cross-reference the photograph to other

documentary evidence. Interior and exterior views of rooms, courtyards, or other areas should be taken.
9-57.

Midrange photographs are taken to show the spatial relationship between an item and a fixed feature.

Typically, the fixed feature used to show a spatial relationship with an item of evidence should be captured

in an overall photograph taken previously. Several photographs from multiple vantage points may be required

to fully document the spatial relationship of a target item to a fixed item. Multiple fixed items can also be

referenced to establish spatial documentation.
9-58.

A close-up photograph is typically taken as a follow-up to a midrange photograph. Multiple close-up

photographs may be requi

red to document the evidence―



With the use of a tripod for clear photographs, when possible.



As it is found at the site. Photograph the evidence as it is found before movement; attempt to fill

the frame when taking the photograph.



With a fully labeled scale (ruler, coin, or other item of known and consistent size) on the same

plane as the item. This provides a reference to establish a sense of the size of evidence.



To show various views of the evidence.



To show serial numbers, unique markings, alterations, and damage.



To provide a clean background with contrasting color. This provides a clearer image of the

evidence without the background clutter associated with the environment in which it was found.

9-59.

Video documentation can also be useful in documenting incident sites and evidence. The videographer

should begin on the outside of an indoor site, with an overall pan of the outside area of the site. The

videographer can then move inside (if interior scenes are being documented) or methodically around the site

(for outside scenes). When approaching specific pieces of evidence, the videographer can zoom in to capture

midrange and close-up images consistent with the photographic descriptions above. As with still close-ups,

an item to provide scale should be added to the close-up video documentation. If audio is recorded, the

videographer can narrate the film as it is recorded to provide additional context. If the video is narrated, keep

others from talking and minimize other distracting noises. If external noises cannot be minimized, consider

muting the recording and not providing a narration. See ATP 3-39.12 for additional information on

photographing crime scenes and incident sites.

Sketches

9-60.

The sketch is typically drawn as an overhead view of the crime scene or incident site, depicting items

of evidence, their orientation, and their position in relation to other items of evidence or fixed objects. The

sketch is an accurate representation of the scene, which is not done to a scale. Templates can be helpful when

making sketches of crime scenes or incident sites; however, freehand sketches are required when templates

are unavailable. Sketches are useful in portraying distances and spatial relationships between evidence and

other features of the crime scene or incident site.
9-61.

Sketches should include legends (depicting symbols used, primary direction, or other required points

of clarification) and include the statement not to scale on the sketch. The sketch should also include the name

of the sketcher, the date, and a description of the area or building depicted.

Chapter 9

9-16

ATP 3-39.10

24 August 2021

9-62.

The general sketch guidelines should include―



Overall site sketches.



Document the site.



Portray the entire site (buildings, outdoor areas, other features).



Record only necessary measurements.



Individual areas or rooms where evidence is found.



Provide detailed sketches of the entire site or crime scene.



Include measurements to show the spatial relationship between each item of evidence and

important fixed features of the room or area.



Provide separate sketches for each room, area, or subelement of the crime scene or incident

site.

9-63.

The depictions of measurements on sketches are important in documenting sites and accurately

portraying the spatial relationships between objects. There are several methods that can be used to accurately

document a crime scene or incident site on a sketch. These methods include the―



Triangulation method.



Find two fixed reference points in the site close to the evidence.



Measure from each fixed point to the center of the evidence.



Measure both ends of the evidence when dealing with long objects (baseball bats, rifles).



Baseline method.



Use a reference line (a wall or a line fixed with stakes with a known distance from landmarks

if outside).



Use two measurements. Make one measurement from the end of the baseline to the center of

the evidence; make one perpendicular measurement from the baseline to the center of the

evidence.



Rectangular method.

This method is used in rectangular, enclosed areas (such as rooms).



Measure 90° from the adjoining walls to the center of the evidence to get two measurements.



Ensure that the measuring device stays level (not angled vertically or horizontally) to ensure

an accurate measurement.

SAFETY CONSIDERATIONS

9-64.

Crime scenes and incident sites can include significant hazards for law enforcement personnel,

Soldiers, and the general public. Military police and USACIDC personnel must be aware of, and take

appropriate action to mitigate, the risks associated with crime scenes and incident sites. Some of the more

common hazards include―



Biological hazards.

Using personal protective equipment can significantly reduce the hazards

associated with biological contaminants (chances of infection, exposure to harmful biological

contaminants, and cross contamination of evidence). Assume biological specimens (including

blood, semen, urine, saliva, or other bodily fluids) are contaminated. Care should be taken with

any specimen until it is identified and appropriate safety measures are determined. There are

several precautions that can be taken to ensure that personnel working in the vicinity of a crime

scene or incident site are safe. Precautions against infection by contact with biological material

can include―



Clean nitrile or other nonporous polymer gloves for protection of the individual and evidence.

Leather, cotton, or other natural or synthetic work gloves typically used for normal operations

should not be used as a substitute for latex gloves unless there is absolutely no alternative. If

these gloves are used out of necessity, they should be discarded appropriately to avoid any

further contamination. Change gloves often, particularly when moving from one type of

evidence collection to another and to another area or room. Double-gloving can offer an

additional layer of protection.



Surgical face masks to help protect from airborne biological materials.

Evidence and Forensics Support

24 August 2021

ATP 3-39.10

9-17



Disposable shoe coverings where blood and other biological substances exist to lessen the

potential of tracking these materials to clean areas and to prevent the introduction of

contaminants into the site.



Full body overgarments with hoods may be used to provide protection.



Self-sealing envelopes should be used to store biological material.

CAUTION

Never lick an envelope to seal it; this can be a safety hazard and a

contamination hazard.

Note.

Remove personal protective equipment and conduct decontamination, if necessary, when

leaving the immediate site. Put on new personal protective equipment when reentering. All

personal protective equipment should be discarded according to local policy. Consult the medical

staff for disposal advice.



Chemical hazards.

Chemical hazards can cause immediate incapacitation or death if appropriate

safety precautions are not taken. Unless absolutely necessary, the area should be controlled so that

no one enters the contaminated area until CBRN or other qualified HAZMAT personnel can

determine the appropriate measures to be taken. Always take maximum precautions until the

chemical hazard can be identified and appropriate safety measures can be employed. If dangerous

chemicals are present, personnel entering the contaminated area should be limited to those

absolutely required to enter; typically, this will be CBRN or HAZMAT personnel. Common routes

of exposure are inhalation; ingestion; and skin, eye, and mucous membrane contact. Precautions

should be taken to protect all body parts. Precautions against contamination by chemical materials

can include the use of―



Protective masks.

Military-issued protective masks will protect against inhalation hazards

from most chemicals. CBRN or HAZMAT personnel can advise if additional protective

equipment is necessary.



Chemical suits.

Law enforcement personnel should have access to chemical protective suits

(military issue or commercial) that can provide some minimal protection against chemical

hazards. These suits are not typically sufficient for direct contact or in areas of high

concentrations of dangerous chemicals.



Perimeters.

Military police and USACIDC personnel should establish an immediate

protective perimeter around areas of suspected chemical contamination. The minimum safe

distance for identified materials can be found in the

Emergency Response Guidebook

is based

on the type of material and other environmental considerations, but should initially be

established at a minimum of 50 meters from the source. Personnel should be kept outside the

50-meter perimeter and upwind of the source of the contaminant to the greatest extent

possible. The perimeter may require expansion based on direction from HAZMAT personnel.

Note.

Military police may come in contact with chemical hazards that may be immediate health

and safety threats when handling narcotics, other drugs, and precursors. For example, most

processes for manufacturing methamphetamine include the use of volatile organic chemicals,

acids, bases, metals, and chemical salts.



Sharp items.

Be especially careful handling and packaging syringes, knives, razor blades, or other

sharp objects. Use specialized sharps containers if possible. Otherwise, wrap sharp items in a paper

product or other porous material to protect sharp edges.

Chapter 9

9-18

ATP 3-39.10

24 August 2021



Booby traps and unexploded ordnance.

The presence of booby traps and unexploded ordnance

is a viable threat and hazard when performing police operations at bases and base camps in

contingency environments. Military police and USACIDC personnel should always incorporate

the technical capabilities of engineers, EOD, and other technical support when available.

Unexploded ordnance is a common hazard on military installations, in training areas, and in AO

where contingency operations are conducted. Booby traps are employed routinely by threat

elements overseas, but are also used by criminal elements at home to protect assets (drug

operations, caches).



Always follow SOPs when working in locations where the site or items may be

booby-trapped. This includes buildings, caches, bodies, valuables, equipment, and other items

left in the open.



Be mindful of the potential presence of unexploded devices while working the site.



Do not touch or move the device (unexploded ordnance); contact EOD immediately.



Firearms.

Always clear confiscated firearms upon seizure. Never ship or transport a loaded

firearm that has been collected as evidence.



Other dangerous conditions.

Military police and USACIDC Soldiers should be aware of other

potential challenges to troop and public safety and should act accordingly. These challenges can

include foul weather, chemical hazards, structural defects, unsafe air, and other hazards.

LABORATORY SUPPORT

9-65.

The DFSC supports Army forensic requirements. The primary laboratory facility maintained by DFSC

is stationary due to the nature of the equipment required; however, forward-deployed mobile forensics

emerged as a solution to operational requirements to support deployed commanders. Operational

developments in recent years have documented a growing demand for forensic support to deployed

commanders. DFSC provides deployable forensic capabilities to support commanders in the field as far

forward as possible. These deployable capabilities enable DFSC to provide more timely forensic analysis

across the spectrum of capabilities, including latent fingerprints, toolmarks, firearms, DNA, and

explosive/drug chemistry to support the commander’s priority intelligence requirements.

Note

Mobile forensic laboratories support site exploitation and intelligence gathering but do not

perform examinations in support of Title 10 criminal investigations.

9-66.

Forensic-exploitation laboratories are deployable with adaptive forensic capabilities that enhance the

exploitation of captured enemy materiel and evidence gathered supporting protection, targeting, sourcing,

criminal prosecution, and mission success. The forensic-exploitation laboratory provides a standardized

exploitation process by integrating weapons technical exploitation capabilities, including explosive

exploitation and electronic reverse engineering, with the inherent forensic disciplines of serology, DNA,

chemistry, latent prints, and firearms/toolmarks. Forensic-exploitation teams are composed of forensic

scientists from DFSC. They provide operational-level forensic examination of captured material in support

of combatant commanders based on operational priorities. Forensic-exploitation laboratories have on-site

capabilities and the ability to obtain institutional support from the United States Army Criminal Investigation

Laboratory through reachback if necessary. This combination of on-site and reachback capability allows the

laboratory to prioritize in-theater capabilities while ensuring full forensic analysis support. Table 2-2, page

2-11, identifies forensic-exploitation laboratory capabilities.
9-67.

The proper handling of material from a crime scene or incident site is critical to the success of forensic

examination by forensic scientists and technicians. Military police are trained to properly handle and preserve

collected material, whether in the context of processing a crime scene or collecting and protecting material

in support of military operations. Recent emerging operational developments require all Soldiers to train on

the collection and preservation of forensic evidence on the battlefield. Soldiers of many specialties beyond

military police forces are now being required to understand basic evidence collection procedures to protect

crime scenes and incident sites. The protection of collected material from untrained personnel is crucial

during the recovery and transit phase of moving material. Military police must educate commanders on the

forensic recognition, preservation, collection, and analysis capabilities available to them.

24 August 2021

ATP 3-39.10

A-1

Appendix A

Maintenance of Good Order and Discipline

Commanders are inherently responsible for the maintenance of good order and

discipline within the units and areas under their control. This includes the authority to

conduct investigations of offenses and other incidents and to have offenders

apprehended. In some instances, this responsibility also extends to civilians in the

commander’s AO that threaten or impede the normal functioning of the command by

conduct that is criminal or prohibited by laws or regulations.

AUTHORITY AND JURISDICTION

A-1.

Authority refers to the right of law enforcement personnel to exercise power and exact obedience.

Whether subject to the UCMJ or not, AR 190-56, gives Army law enforcement personnel (security police,

military police, and persons designated by proper authorities to perform military criminal investigative,

guard, or police duties) the authority to apprehend military personnel for any violation of the code. This

authority applies worldwide and is subject to the restrictions of Rule 302,

Manual for Courts-Martial

A-2.

The UCMJ does not typically grant Army law enforcement arrest authority over civilians during

routine police operations within the United States; however, the installation commander’s inherent authority

to protect the installation permits Army law enforcement, as agents of the installation commander, the

authority to apprehend civilians for offenses occurring on the installation. This arrest authority is limited in

that Army law enforcement personnel can detain civilians for a reasonable period of time sufficient to

investigate the incident before turning them over to an appropriate civilian law enforcement authority. (See

AR 195-2 and DODI 5200.08.) In 2006, the United States Congress expanded UCMJ jurisdiction to include

civilian persons serving with or accompanying the armed forces in the field during contingency operations.

The authority of contractor personnel to apprehend or detain individuals can be ascertained only by

examining the contract under which they are performing.
A-3.

Chapter 212, Sections 3261-3267, 18 USC (also known as the Military Extraterritorial Jurisdiction Act

of 2000) authorizes the prosecution of certain criminal offenses committed by certain members of the armed

forces and by persons employed by or accompanying the armed forces outside the United States. Under the

Military Extraterritorial Jurisdiction Act, offenses committed in the United States that are punishable by

confinement of more than 1 year are punishable to personnel who engage in the same conduct outside the

United States. These individuals are subject to trial by the federal government if the crime is a felony, the

HN fails to prosecute, and the U.S. attorney believes prosecution is warranted.

Note.

DODI 5525.11 provides implementing procedures for the Military Extraterritorial

Jurisdiction Act.

A-4.

Jurisdiction is the power of a court to hear a case and render a legally competent decision. Generally,

there are three parties concerned with jurisdiction:



Judge.



Prosecutor.



Police. Depending on where the offense occurs, the type of offense, and the status of the

offender, the matter could be sent to one of three court systems:



State court (or foreign court if outside the United States, based on status-of-forces

agreements).

Appendix A

A-2

ATP 3-39.10

24 August 2021



Federal court (consisting of U.S. district courts for felonies and U.S. magistrate court for

misdemeanors).



Court-martial or military tribunal.

UNITED STATES MAGISTRATE COURT

A-5.

The United States Magistrate Court system enables the enforcement of misdemeanor laws on Army

installations. The U.S. magistrates have jurisdiction to try persons Soldiers and civilians accused of, and

sentence persons convicted of, misdemeanors committed on federal property. (See 18 USC 3401.) The United

States Magistrate Court also has jurisdiction over juveniles who commit on-post misdemeanors. (See

18 USC 3401.) Cases most frequently tried include larceny, assault, and traffic offenses. Since the

jurisdiction of the court is limited to the trial of misdemeanor cases, it may not impose a sentence of

imprisonment in excess of 1 year.
A-6.

Offenders are cited to appear in U.S. magistrate court by the issuance of a Central Violations Bureau

(CVB) Form (

United States District Court Violation Notice)

. Some offenses allow payments by mail, while

others require a court appearance. The trial of a juvenile may necessitate a certification by the U.S. attorney

that the state juvenile court lacks jurisdiction, refuses to assume jurisdiction, or does not have adequate

programs and services available. (See AR 190-45.) This certification will require coordination between the

SJA and the appropriate civilian authorities.
A-7.

The prosecution of a criminal charge is determined by the court or courts with jurisdiction over the

case. Types of prosecutors include—



Military (trial counsel).



State (district, state, prosecuting, and circuit attorneys).



Federal (U.S. attorney, special assistant U.S. attorney).



HN (HN attorney, based on the system and court structure of the HN).

A-8.

Types of law enforcement include—



State (city, county, and state).



Federal (Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, and Firearms; and U.S.

marshals, DA police, and all other federal law enforcement activities and agencies, to include

military criminal investigative organizations [USACIDC, Air Force Office of Special

Investigations, Naval Criminal Investigative Service]).



Military (military police [master-at-arms, security forces]) and criminal investigators [USACIDC,

Air Force Office of Special Investigations, Naval Criminal Investigative Service SAs]).



HN (law enforcement organizations within the HN criminal justice system).

A-9.

There are general criteria that must be satisfied before a court can exercise criminal jurisdiction in a

case. Jurisdiction can generally be described as the power of a court. These criteria include—



Subject matter jurisdiction.

This is the jurisdiction of the court over the offense. For example, a

magistrate court would not have subject matter jurisdiction over an offense of insubordination

because it is not an offense prohibited by the federal criminal code or any state or local code that

can be assimilated. A court-martial, by contrast, would have subject matter jurisdiction over this

offense because this conduct is prohibited by the UCMJ.



Personal jurisdiction.

This is the jurisdiction of the court over the offender or the accused. The

personal jurisdiction of a court-martial is status-based. If a person is subject to the UCMJ at the

time of the offense and at the time of trial, a court-martial would have personal jurisdiction over

the accused.



Territorial jurisdiction.

Territorial jurisdiction determines the limits of the power of the court

with regard to the physical location of a crime or event. In some criminal cases, there may be a

question concerning what level of government or sovereign (state, federal [including military], or

HN) has authority over specific personnel or violations. At times, concurrent jurisdiction may be

in effect, meaning that multiple governmental authorities may have jurisdiction or exclusive

jurisdiction by one governmental authority. The UCMJ is extra-territorial, which means that it is

Maintenance of Good Order and Discipline

24 August 2021

ATP 3-39.10

A-3

applicable worldwide to those subject to Article 2, UCMJ. Law enforcement personnel should

consult their servicing SJA concerning jurisdictional manners.

A-10.

When a crime occurs that is punishable by military and civilian courts, the supporting SJA must

coordinate to determine where the accused will be tried. In many situations, memorandums of understanding

with state or local authorities or status-of-forces agreements with HNs will outline who has primary

jurisdiction in specific cases or circumstances. The U.S. magistrate will generally have jurisdiction over on-

post misdemeanors.

CIVILIAN POLICE AND GUARD PERSONNEL

A-11.

The authority for federal civilian employees assigned to security, police, and guard duties is derived

from Article 7, UCMJ. Federally employed civilian police, security guards, and contract guards can perform

law enforcement and security duties authorized by the installation commander and are subject to any

limitations imposed. The installation commander is also the source of authority for other personnel assigned

to security force duties. These security force personnel may apprehend persons on an installation for

committing felonies and breaches of peace or threatening the property or welfare of others. However, this

apprehension authority is limited to issuing citations and turning the subject over to the appropriate civilian

or military authorities. See the restrictions in the Posse Comitatus Act on the use of these personnel in

providing aid to civilian law enforcement.
A-12.

The PM or military police commander, in cooperation with the SJA, develops a SOP for Army civilian

police and security guards. The SOP must describe the procedures and limitations for detention,

apprehension, and the use of force. The SOP must also address the restrictions placed on personnel when

responding as a reaction force or to a hostage situation.

JUDGE ADVOCATES

A-13.

The UCMJ is federal law and the basis of the military justice system; it dictates what conduct is

criminal, establishes the various types of courts-martial, and sets forth the procedures to follow in the

administration of military justice. The purpose of military justice is to assist in maintaining good order and

discipline in the armed forces, promote efficiency and effectiveness in the military establishment, and

strengthen the national security of the United States. See FM 1-04.
A-14.

The mission of judge advocates and supporting legal personnel is to provide professional legal services

at all echelons of command. The Judge Advocate General is responsible for the overall supervision and

administration of military justice within the Army. The commander is responsible for the administration of

military justice in the unit and must communicate directly with the SJA about military justice matters.
A-15.

There are three components of military justice, each with the following distinct functions:



SJA.

The SJA is responsible for military justice advice and services to the command. The SJA

advises commanders concerning the administration of justice, the disposition of alleged offenses,

appeals of nonjudicial punishment, and actions on courts-martial findings and sentences. The SJA

supervises the administration and prosecution of courts-martial, prepares records of trial, manages

the victim-witness assistance program, and performs military justice training.



Chief, United States Army Trial Defense Service.

The Chief, United States Army Trial Defense

Service, exercises the supervision, control, and direction of defense counsel services in the Army.

The judge advocates assigned to the United States Army Trial Defense Service advise Soldiers

and represent them before courts-martial. These judge advocates also represent Soldiers in adverse

administrative hearings.



Chief Trial Judge, U.S. Army Judiciary.

The Chief Trial Judge, United States Army Trial

Judiciary, provides military judges for general and special courts-martial, supervises military

judges, promulgates rules of court, and supervises the military magistrate program. Military judges

assigned to the United States Army Trial Judiciary preside over courts-martial, exercise judicial

independence in the conduct of courts-martial, conduct training sessions for trial and defense

counsel, and perform or supervise military magistrate functions. Military magistrate functions

include the review of pretrial confinements; the examination of confinements pending the outcome

of foreign criminal charges; and the issuance of search, seizure, or apprehension authorizations.

ATP 3-39.10 POLICE OPERATIONS (AUGUST 2021) - page 7