United States Naval
Flight Surgeon Handbook
2nd Edition 1998
Competence for Duty Examinations
References:
Medical personnel are required to cooperate with (Military) law
enforcement authorities as directed by proper (Command) authority.
They may be required to provide the results of an evaluation to the
Command without the consent of the patient.
For most competence for duty examinations, (properly documented)
clinical observation is sufficient. Drawing samples of body fluids
for such purposes is discouraged. Samples drawn for medical
purposes may be used as evidence.
A service member may be ordered to provide body fluids for
legal purposes, if a valid search warrant, or Command authorization
has been issued. It is the responsibility of the Command, not
the Medical Officer, to ensure the validity of
the authorization. Refusal by the member to comply constitutes
disobedience of a lawful order. Use of force to obtain such samples
may be determined unreasonable by a court martial, and may expose the
person giving the order, and the Medical Officer who carries it out,
to criminal charges.
Observations should be documented on NAVMED 6120/1, Competence for
Duty Examination form.
Pre-confinement Medical Examinations
References:
Persons to be confined must be examined by qualified
medical personnel prior to being accepted for confinement. When the
initial exam is performed by a Corpsman, the prisoner must be
examined by a physician or physician's assistant within 24 hours or
on the next working day.
The examining official shall certify the prisoner "fit for
confinement" on the confinement order (NAVPERS
1640/4).
The member is unfit for confinement if he has:
"... a serious physical injury or problem which requires
immediate treatment, psychiatric disorders which make the
individual a threat to himself/herself or others, requires drugs
or other intervention to control his/her behavior, or is suspected
to have suicidal ideation or behavior as specified in BUMEDINST
6520.1. If persons ordered into confinement display irrational or
inappropriate behavior which is symptomatic of mental disturbance
or of the effects of hallucinatory substances, they shall be
admitted to a hospital and be certified as ‘unfit for
confinement’ until such time as they are capable of
participating in their legal defense..."
Document the exam on SF 600:
-
Note any cuts, bruises, scars, unusual marks, or other
physical injuries; any unusual behavior traits, gestures, or
actions; and any physical limitations that would restrict
participation in the rigorous brig program.
-
Be meticulous; you may have to testify about your findings
later.
-
Females require documentation of pregnancy test results on the
confinement order.
Rule 315. Probable Cause Searches
(Excerpts from the Military Rules of Evidence Manual)
(a) General rule. Evidence obtained from searches requiring
probable cause conducted in accordance with this rule is admissible
at trial when relevant and not otherwise inadmissible under these
rules.
(b) Definitions. As used in these rules:
(1) Authorization to search. An "authorization to
search" is an express permission, written or oral, issued by
competent military authority to search a person or an area for
specified property or evidence or for a specific person and to
seize such property, evidence, or person. It may contain an order
directing subordinate personnel to conduct a search in a specified
manner.
(2) Search Warrant. A "search warrant" is an
express permission to search and seize issued by competent
civilian authority.
(c) Power to authorize. Authorization to search
pursuant to this rule may be granted by an impartial individual in
the following categories:
(1) Commander. A commander or other person
serving in a position designated by the Secretary concerned as
either a position analogous to an officer in charge or a position
of command, who has control over the place where the property or
person to be searched is situated or found, or, if that place is
not under military law or the law of war;
(2) Military judge. A military judge or
magistrate if authorized under regulations prescribed by the
Secretary of Defense or the Secretary concerned.
(d) Exigencies. A search warrant or search
authorization is not required under this rule for search based upon
probable cause when:
(1) Insufficient time. There is a
reasonable belief that the delay necessary to obtain a search
warrant or search authorization would result in the removal,
destruction, or concealment of the property or evidence sought;
(2) Lack of communications. There is a reasonable
military operational necessity that is reasonably believed to
prohibit or prevent communication with a person empowered to grant
a search warrant or authorization and there is a reasonable belief
that the delay necessary to obtain a search warrant or search
authorization would result in the removal, destruction, or
concealment of the property or evidence sought.
Delegation of Authority
In 1984, subdivision (d)(2) in the original Rule, the
provision permitting delegation of a commander's search powers, was
deleted in light of United States v. Kalscheuer, 11 M.J. 373 (C.M.A.
1981) (annotated infra). The remaining provisions were then
renumbered. The court impliedly invalidated 315(d)(2) when it ruled
that delegations to persons other than magistrates or judges do not
meet Fourth Amendment standards. Although there are now no provisions
in the Rules of Evidence for delegating search authority, the court's
"admittedly imperfect" solution in Kalscheuer should normally suffice
where the commander is absent: the authority to search devolves to
the subordinate who exercises command in the commander's absence.
Commanders may still delegate their authority to a military judge or
magistrate.
The CDO is authorized to order a competency for duty exam
including a urine for drug
screen. He can no longer authorize blood
drawing or searches. E-4 shore patrol may not authorize searches.
United States Naval Flight Surgeon Handbook: 2nd Edition
1998
The Society of U.S. Naval Flight Surgeons
|
