General Order 501.5 Arrest of Armed Forces Personnel
Effective Date December 01, 1971
The purpose of this order is to establish the procedures to be followed when members of the armed forces are arrested and in serving warrants and subpoenas on members of the armed forces. This order consists of the following parts:
PART I Responsibilities and Procedures for Members of the Department
PART II Responsibilities and Procedures for Supervisory and Command Personnel
PART I
A. Armed Forces Police.
The Armed Forces Police Detachment, Washington Navy Yard, 11th and 0 Streets, S.E., represents all branches of the armed forces and shall work directly with the department in all matters pertaining to the arrest of members of the armed forces.
B. Armed Forces Personnel Involved in Police Related Incidents.
1. Whenever a member of the armed forces is arrested or involved in any police incident, either as a complainant, participant, or as a principal witness (e.g., as the victim of a crime), it shall be the responsibility of the police officer handling the report to contact the Armed Forces Police immediately, except under circumstances covered by the provisions of part 1, paragraph B14, and apprise them of the circumstances of the incident and the involvement of the service personnel. The Armed Forces Police can be reached by telephone 24 hours daily by calling: Police Line: Extension 2409 or 2463
2. When arrested for traffic cases, including those of a serious nature where injury has been incurred and death may ensue, members of the armed forces shall be handled in the same manner as civilians. This order is not intended to interfere with the tight of military personnel to deposit collateral for traffic violations if they desire to do so; it merely requires that the Armed Forces Police be notified. In the event the serviceman does not have collateral and the offense is one for which he could be released to appear in court, he should be accorded the same treatment as a civilian under like circumstances. If it becomes necessary to detain a serviceman for any traffic charge, the Armed Forces Police shall be notified immediately.
3. Drivers of military vehicles on official business who are stopped by members of the force for traffic violations should not normally be arrested or detained, but should be Issued Traffic Violation Citations, unless the nature of the offense is such that further operation by them would be prejudicial to their own safety and the safety of others.
General Order No. 501.5
(Revised May 17, 1978)
4. When arrested for disorderly conduct in a public place or on public streets, servicemen shall not be released oit bond or collateral, except in unusual cases. The arresting officer shall immediately notify the Armed Forces Police after the member is charged at the organizational element concerned and the subject(s) shall be turned over to the Armed Forces Police.
5. Servicemen arrested and charged with the following offenses or types of offenses shall be handled the same as any civilian defendant, except that notification shall be made to the Armed Forces Police:
a. All felonies.
b. Sex offenses.
c. Petit larceny.
d. Concealed weapon.
e. Aggravated misdemeanors.
6. Servicemen arrested for any other offenses, except as otherwise indicated in this order, may be turned over to the Armed Forces Police. The arresting officer shall consult with the official then in command in order to determine if the serviceman can best be dealt with by military authorities. The responsibility shall rest with the official then in command or the senior official consulted and, if the decision is to release the prisoner, he shall be turned over to the Armed Forces Police.
7. In all cases, before being released to the Armed Forces Police, a serviceman who has been arrested by a member of this department shall be transported to a district station house and the required information placed on the arrest book.
8. insofar as practicable, all property, except evidence taken from a member of the Armed Forces under arrest by a member of this department, shafl be turned over to the prisoner, after proper notation in the property receipt book, upon his release to the representative from the Armed Forces Police at the time he calls for the prisoner. Evidence and other property not receipted for by the prisoner shall be handled in accordance with existing department orders pertaining to property.
9. In every case in which a member of the armed forces is arrested and charged with an offense, the appropriate police department form shall be completed. A reproduced copy of the form shall be forwarded to the Armed Forces Police Liaison Office for transmittal to the armed forces headquarters by the Identification and Records Division. The initial notification of arrests or incidents involving armed forces personnel shall be made by telephone to the Armed Forces Police by the arresting officer in the case of arrest or the reporting officer in the case of an incident involving a member of the armed forces.
10. Members of the force apprehending armed forces personnel who are absent without leave shall transport these prisoners to the nearest police district, where they will be booked. The Armed Forces Police stationed at the U.S. Naval Gun Factory shall be notified and the prisoners shall be remanded to their custody. The prisoners shall not be transported to the U.S. Naval Gun Factory in police department vehicles, except in cases of emergency. Members of the department shall not apply for or accept rewards for the apprehension of absentees wanted by the Armed Forces Police.
11. Whenever a member of the armed forces is arrested or taken into protective custody (escapees from military establishment), the prisoner shall be released to the Armed Forces Police if consistent with the policy established by this order. Under no circumstances shall the prisoner be released to other military personnel stationed at any of the local military establishments.
12. in an effort to curtail the number of traffic violations committed by members of the armed forces, the Armed Forces Police shall be notified in-all instances in which armed forces personnel are stopped by Metropolitan Police Department officers for violation of traffic regulations and warned.
13. Juvenile members of the armed forces, under the age of 18 years, shall be processed in accordance with the general orders of the department pertaining to juveniles.
14. In cases of arrests of civilian agents or uniform members of the armed forces, wherein the defendant states he has on his person classified material or the searching officer notes same, the arresting officer shall notify the official in charge of his organizational element, who shall be responsible for notifying the department or agency with which the defendant is employed or attached. An entry pertaining to the classified property shall be made in the property receipt book at the arresting officer’s organizational element and the agent to whom it is released shall properly receipt for same. The arresting officer shall submit reports and appear in court if charges are prepared, but shall not notify the Armed Forces Police.
C. Civilian Agents.
Whenever a civilian agent of the armed forces is arrested, except as outlined in part 1-B, paragraph 14, and is carrying credentials and/or sidearms, batons, etc. which are the property of the armed forces, the Armed Forces Police shall be notified. Except in minor traffic cases, he shall be retained in custody until th€ arrival of the Armed Forces Police. Proper notation pertaining to the credentials or other appurtenances which are the property of the armed forces shall be entered in the property receipt book and the articles, if requested, shall be released to the Armed Forces Police, who shall properly receipt for same.
D. Request by Civil Authorities for Custody of Armed Forces Personnel.
1. Civil police have no authority to make arrests or to continue pursuit onto a military reservation. Therefore, if circumstances arise that are of sufficient importance to necessitate continuance of pursuit and/or apprehension, the officer shall stop at the sentry gate and contact the proper authority, usually the post legal officer, provost marshal, or officer of the day.
2. In cases not involving fresh pursuit, members who desire to obtain release to their custody of armed forces personnel who are assigned to military installations in the District of Columbia and who are charged with commission of offenses in violation of District of Columbia or Federal Law shall present their requests to the legal officer or provost marshal of the military installation to which the personnel are assigned. The Commanding Officer, Armed Forces Police, shall be contacted for the purpose of providing liaison between the department and the appropriate authority on the military installation concerned.
3. Each reqiest for release shall be accompanied by a copy of an indictment, presentment, information, warrant, or statement of a United States Attorney or Corporation Counsel that a preliminary official investigation of the offense charged shows that there is reasonable cause to believe that the offense charged was committed by the person named therein.
E. Service of Warrants, Subpoenas, and Revocation Orders on Members of the Armed Forces.
1. Any member of this department who receives a summons, revocation order, warrant or other paper for service on a member of the armed forces, either officer or enlisted, who has an address on a service reservation or any member of the department who experiences difficulty in locating a servicemen at his home shall contact the Armed Forces Police Liaison Office and arrange with this unit for assistance in service.
2. Service of warrants on military personnel stationed outside the District of Columbia for violations of the U.S. or D.C. Codes may be accomplished through the United States Marshal’s Office in the judicial district concerned. The warrants shall be processed in accordance with the “Detainer” provisions of General Order No. 702.1. The Armed Forces Police shall be contacted to provide liaison for the purpose of serving such warrants.
PART II
Supervisory Official.
Upon notification that an officer has arrested a uniform member oi civilian agent of the armed forces who states that he has on his person classified material or the searching officer notes same, the official in charge of the concerned organizational element shall notify the department or agency with which the defendant is employed.