NCJ Number
82834
Journal
Kriminalist Volume: 14 Issue: 2 Dated: (February 1982) Pages: 75-79
Date Published
1982
Length
5 pages
Annotation
This article makes reference to NATO, American, and German laws, regulations, and formal agreements to clarify the delineation of authority between the indigenous German police and the military police attached to NATO American forces stationed in West Germany.
Abstract
It questions who enforces order within the military camp areas and barracks; in hotels operated by the American military; and in residential settlements inhabited by American military personnel, their families, and civilian staff. It also addresses the permissible involvement of German police into areas under American purview, and the regulations by which the foreign military police may patrol outside their camps and exercise their authority over American military and civilian personnel. The operation of joint patrols by German police and American military police is discussed, and conditions justifying such actions are explained. Specifically at issue is the institution of American 'courtesy patrols,' involving the use of American noncommissioned officers without police powers who visit local entertainment establishments frequented by American personnel and express verbal reprimands to customers behaving in an unseemly manner. Such incidents can be followed up with written complaints to the base commander. This practice appears to have inherent legal complications in that it can be construed to impinge upon the proprietor's rights. Furthermore, dealing with the disorderly conduct of military personnel in public places and local establishments is specifically the responsibility of the military police. The combined efforts of both German and American policing authorities are essential in matters of public safety and crime. German authorities must realize that procedures for search and seizure of evidence against an American on foreign soil must conform to U.S. constitutional guarantees if the defendant is to go before a U.S. military tribunal. Eight references are given.