MJ-005 · MILITARY JUSTICE
Apprehension, Restraint, Search & Seizure
MJ-005: Apprehension, restriction, arrest, pretrial confinement, search, seizure and evidentiary suppression are related but distinct military-justice questions. Each has its own authority, decision-maker, record and remedy.
Controlling authorities
Working procedure
- Separate the authority for apprehension or restraint from the authority for any search or seizure.
- Identify the form of restraint: conditions on liberty, restriction, arrest, or confinement, and the exact time each began or changed.
- For pretrial confinement, preserve commander decisions, review documents, magistrate or judicial review, release conditions and confinement records.
- For a search, preserve the request, affidavit or factual basis, authorization or warrant, scope, execution record, inventory and chain of custody.
- For suppression, identify the specific M.R.E. theory, motion, government response, evidentiary hearing and ruling.
Records to preserve
Apprehension reports; restraint orders; confinement paperwork; search authorizations or warrants; affidavits; inventories; digital-extraction reports; chain-of-custody records; suppression motions and rulings.
Version control
Match the offense date, procedural date, service, forum and filing date to the governing UCMJ text, MCM/R.C.M./M.R.E. version, later presidential amendments, service rule and court rule. The 2024 MCM remains the current published edition, but later operative amendments must be checked before treating it as complete current procedure.
Registry sources: SRC-173; SRC-174; SRC-175 · Last verified: October 4, 2026 · Review cadence: 30 days
