This guide provides an overview of when a law enforcement officer mat legally detain someone suspected of a crime. Some of the issues covered include how to legally conduct a stop, and when frisking and searches of vehicles are allowed.
Pennsylvania USLegal Guide to Unlawful Detention
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US-GDE-01
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Any service member who without proper authority apprehends, detains or confines another individual may face charges under Article 97 of the UCMJ. Article 97 applies only to members of the armed forces who have been empowered to arrest, apprehend or confine other individuals.
(Article 134, UCMJ, punishes, among other things, conduct which is or generally has been recognized as illegal under the common law or under most statutory criminal codes; such activity, by its unlawful nature, tends to prejudice good order or to discredit the service).
Under Article 115 of the UCMJ, a service member shall be punished as deemed fit by the military court if they wrongfully communicate a : general threat to injure a person, the property, or the reputation of another.
Shouse Law Group » Civil Rights » Unlawful Police Detentions. Unlawful police detention is when law enforcement, without legal justification, restricts your freedom to leave. Doing so constitutes a civil rights violation based on the Fourth Amendment.
Edwards, 69 M.J. 375 (Article 95, UCMJ, provides that any person subject to the UCMJ who escapes from custody or confinement shall be punished as a court-martial may direct; while the UCMJ does not define custody, it does reference the term in Article 7, UCMJ, which provides that apprehension is the taking of a person ...
What is Article 98 of the UCMJ? Any enlisted member of the United States armed forces who causes delays in a procedural hearing whether by accident, negligence or willfulness, may be prosecuted under Article 98 of the UCMJ.