My first………
When I became a Military Police Investigator I was two weeks out of A.I.T. (Advanced Individual Training), which is after Basic Training (Boot Camp). This is something that is not the normal course of procedure. In a normal situation an MP with the rank of Specialist (E-4) who has at least three years on the job is evaluated and recommended to go into Military Police Investigations. With me the rule book was thrown out. Fresh out of MP School I was an E-3 (Private First Class). When I reported to my unit the First Sergeant asked me how I obtained my rank. I told him that I not only went through a civilian police academy, I also had about 2 ½ years of college in Administration of Justice. He looked at me and indicated that I do not belong on the road but belong in investigations. Then he asked me what I thought. After picking up my jaw as it just hit the floor I told him, “Yes First Sergeant, I would like (love, in my heart) that.” The reason I was so shocked was because before I entered into the Army I was at a Police function back in California and was discussing my future intentions with some members of Law Enforcement. I told them I was going into the Army as an MP and was hoping to eventually get into investigations. I was basically laughed at and was told that would never happen. Because only a chosen few are made investigators and the odds were against me. So I had a pre-conceived idea that what had just happened and what said to me was never to happen. First Sergeant told me to report back in the morning as he has to make a phone call. The next day I met with the Full Bird (Colonel O-6) in charge of the C.I.D. (Criminal Investigation (Division) Command) office and interviewed with him. I was so shocked I don’t even remember the interview. All I know is I was to start the next day after processing as an investigator that day.
On the first day on the job, my Chief of Investigations was orientating me to the post and Military Police Investigations Procedures. Kinda like an F.T.O. (Field Training Officer) in the civilian world. As will be mentioned quite a bit, Military Law is way different than civilian law. Military Police Procedures is a lot different than the civilian counter parts yet they hold to the same standards as indicated by case law and the constitution. One of the first things I found out is we as Military Police Investigators develop our own crime sense. Which means we search, identify, photograph and collect the evidence at the crime scene. We also “book” the evidence into the evidence room and also send our evince requests to the crime lab. We are and do the whole thing. We are the forensic teams. What you think our government would pay for forensic units to be stationed at each military installation? I also found that the training for Investigators and in Investigations at the time were sub-par to the civilian counter parts. I don’t know how they are now, but…… One advantage I had was my civilian training. The military helped me to perfect my training and knowledge.
We were the on duty investigators on that day when we received a radio call about a sexual assault in the post housing area. When we arrived at the incident location, the caller who was also the victim, explained what happened and a description of the individual. This occurred in the late afternoon. The suspect had given the victim a lot of alcohol and when she passed out he began touching her private areas and started to undress her. Fortunately she woke up and smacked him where in he took off. After obtaining all the information that I could get from the victim, I called in the suspect information to dispatch. We started driving around the housing area and guess who do we see? Yes, the mope. He was sauntering down the street like he was “back on the block.” My Chief informs me that this is my case and the suspect is mine. So we stopped him, and after briefly questioning him, I took him into custody. I also determined that he was a civilian. This we have to handle under Title 18 of the U.S.C. (United States Code) as he was not subject to the U.C.M.J. (Uniform Code of Military Justice).
Title 18 is Federal laws that cover crimes on Federal land. In the Military the order of uses of State and Federal laws start with the UCMJ. The UCMJ only covers military personnel. If there is no law in the UCMJ that covers the crime, then we jump to Title 18. If there is no applicable law in Title 18 we would then go to the State Law where the Military Post is located. A civilian can only be charged under Title 18 and applicable State Laws.
We took the suspect back to our MPI office which was located in the CID Building. I placed the suspect in one of our interrogation rooms for in-depth questioning. The suspect was not too intoxicated, so after he relinquished his rights I then obtained his side of the story. He unwittingly gave me the rest of the story that wrapped up this case for prosecution. One thing I learned that night was that we cannot hold in a Military cell a civilian. They would have to be turned over to the FBI or Local Civilian Authorities within a few hours where they would be housed by the civilian authorities. Chief told me that we would have to cite and release. I basically said, man cite and release a felon who committed a sexual assault!?! That’s nuts! Chief then tells me if we were to turn him over to the civilian authorities we (the military) would have to pay the civilians for his care. And the military was not about to do that. To me that was a major WOW factor. Well this was my introduction to many a nutty things I would experience in investigating crimes on a military installation. It was like I was about or had entered the twilight zone. So as instructed I cited him then drove him to the post front gate and let the catch go. That gave a new meaning to catch and release. Later he showed up in Federal Magistrate Court where the Judge found him guilty as charged and told him to report to the Federal Prison somewhere in Louisiana. So that was my first case, first arrest as a Military Police Investigator and first case to conviction and on my first day on the job.
