March 31st, 2009


Arrest procedure for US Army personnel currently off base

X-posted to little_details 

I've got a character in a story, a US Army General who is currently active duty, that I need to throw in the brig. He's currently at the FBI HQ in LA.

As it stands, he's accused of raping two junior officers, one less than a year ago, the other ten years ago (plus another assault a few weeks previous, although by this time the victim's a civilian.) Both the junior officers are male, if that makes a difference. The first victim, X, kind of loses his marbles and becomes a rapist himself, one who targets civilians. The other, Y, gets out of the Army and into the FBI. By some quirk of fate, he's assigned to the FBI/CID team investigating X's raping spree. CID, already underpowered by operations in Afghanistan and Iraq, sends over the General as a consultant (based on other events in the story I won't get into here.)

Now, my questions are as follows:

1. Since both the perpetrator and victims are military, who would issue the arrest warrant? Would a civilan judge have the authority to do it?

2. It's present day, and DADT applies. However, I couldn't find anything that about what happens after discharge. Both soldiers were active duty when the rapes happened but are currently civilians. Would that have any impact on the proceedings?

3. After the arrest, would he be remanded to the Federal Detention Centre in LA (or whichever is closest) or would MPs be asked to take care custody of him right away for transport to Monterey?

Terms googled: army cid procedure, army cid arrest procedure off base, army cid warrant, dadt army rape

Thanks in advance for all your help!