The first edition of the United States Constabulary Zone Trooper’s Handbook was published on 15 February, 1946 and served as the basic training document for every soldier assigned to the Constabulary. A reproduction of The Trooper’s Handbook is included in this work to provide an in-depth look at the methodology of the Constabulary and the standards to which the soldiers were trained. Even a cursory review of this document reveals the high level of proficiency, integrity, and initiative required of all members of this organization. The grammar and jargon of the day is preserved throughout this reproduction.
Modern commanders may find a number of paragraphs quite useful in occupation operations in the present day. Caution is urged, however. This book was written almost sixty years ago and no doubt regulations and legalities have changed. Check with the local Staff Judge Advocate office before implementing any of these procedures.
HEADQUARTERS
US ZONE CONSTABULARY
15 February 1946
This handbook contains most of the information which you will want to know as a member of the US Zone Constabulary. It emphasizes the police duties of the trooper. It gives references to War Department Field Manuals and other publications which discuss these subjects in greater detail. In short, it introduces you to your duties as a trooper.
By Command of Major General HARMON:
LOUIS ZUCKERMAN
Lieutenant Colonel, A.G.D.
Adjutant General
CONTENTS
Chapter 1 The
Chapter 2 Operations
Chapter 3 The Courts
Appendix I Proclamations No. 1 and 2.
Appendix II Crimes Against Military Government
Appendix III Military Government Courts
Chapter 1
THE
1. The Zone
Constabulary is a strong, mobile military organization, formed and trained to
police the entire US Zone of Germany and
2. Motto: Mobility, Vigilance, and Justice.
3. Authority and Powers.
a. Authority. The US Zone Constabulary derives its authority from the Commanding General, Third US Army, who in turn receives it from the Commanding General of the United States Forces in the European Theater.
b.
Powers. Members of the US Zone
Constabulary have all the powers of the Military Police. They are empowered to arrest any person,
regardless of nationality, affiliation, or rank of that person within the US
Zone of of Germany (
4.
5. Duties. The Zone Constabulary will maintain an active patrol system prepared to take prompt and effective action to forestall and suppress riots, rebellion, and act prejudicial to the security of US occupational forces. Its other duties will be the following:
a. To operate permanent and temporary road blocks.
b. To participate in planned raids.
c. To cooperate with the established US and German (Austrian) law enforcement and investigative agencies.
d. To execute other duties which may be necessary in carrying out the mission.
e. To
assist in conducting individuals arrested by authorized
f. To
assist in apprehending persons and seize property as requested by authorized
g. To assist in maintaining liaison service by radio or courier between Counter Intelligence Corps officers and Zone Constabulary headquarters.
6. Organization. Approximately 38,000 troopers, organized into Constublary brigades, regiments, squadrons, and troops, comprise the Zone Constabulary. It has its own communications and supply elements.
7. The Zone Constabulary’s Relations With Other Forces. The Zone Constabulary will support and reinforce, but not replace, do the work of, or interfere with the usual US and German (Austrian) law enforcement agencies. To obtain a full understanding of the Zone Constabulary, it is advisable to know the duties of other forces which the Zone Constabulary will have to deal.
8. Mobile
Reserve. Tactical troops are to be held
as a Mobile Reserve under Army control.
The Zone Constabulary in
9. Military Government (MG).
a. Military
Government is the
b. Military
Government also exercises supervision over German mayors (Burgermeisters),
courts, industry, banks, schools, agriculture, fire departments-in fact all
German public officials. As time goes
on,
c. Thus it is the
duty of the Zone Constabulary to support Military Government by maintaining
peace and order in our zone in
10. Military Police.
a. The Military
Police are the military law enforcement agency of the Army. Their primary duties are to maintain order
and good behavior on the part of US troops, prevent friction between military
personnel and civilians, direct and control military traffic, guard prisoners
of war and
b. The Military Police are also an excellent source of information. The Zone Constabulary will therefore maintain close and cordial relations with the Military Police and be ready to give prompt assistance to them on request.
c. The duties of the Military Police and Zone Constabulary will produce frequent contacts between the two agencies. To avoid friction, it is imperative that the Zone Constabulary bear in mind its function to support and reinforce (that is assist) the Militayr Police, without taking over Military police functions, except when and where there are no military Police available. When this occurs, the case should be turned over to the Military Police as soon as possible.
11. Counter Intelligence Corps (CIC)
a. The Counter Intelligence Corps, or (CIC), investigators operate under G-2 (Theater Intelligence Division). They may wear enlisted men’s uniforms, officer’s uniform, or civilian clothes. Their primary duty is undercover investigation of any persons and activities which are a threat to the security of the US Army of Occupation or to the policies of the US Government in the occupied territory. They have paramount interest in cases of subversion, sabotage, and espionage. They investigate anybody who may be involved in these activities against US interests.
b. The missions of the Counter Intelligence Corps (CIC) are as follows:
(1) Secure the
(2) Destroy the remnants of the German intelligence service and affiliated security and secret police organizations.
(3) Locate and apprehend specified war criminals, suspects, and witnesses.
(4) Assist in the dissolution of the Nazi party and its affiliates.
c. The CIC is an excellent source of information for the Zone Constabulary, which does not normally engage in undercover investigation. Thus the duties of the two agencies do not conflict. Close contacts will be maintained with the CIC for obtaining information on any prospective riots or insurrection or other matters of security interest. In its task of collecting information the CIC may call on the Zone Constabulary for aid in making raids and extensive searches and in the apprehension of wanted persons. Such cooperation will be extended by the Zone Constabulary. In any joint operation, clear-cut arrangements as to the duties and responsibilities of each case will be made in advance.
12. Criminal
Investigation Division (CID). Criminal
Investigation Division, or CID, operates under the Provost Marshal. Its duties are to investigate crimes
involving US soldiers and officers, crimes committed both by them and against
them. Its work often includes investigation
of Germans and other foreigners.
Therefore, the CID will frequently gather information of value to the
Zone Constabulary, the Military Police, and the CIC. Accordingly, the Zone Constabulary, which
also will occasionally pick up information of value to these and other agencies
of the Army, must maintain close and cordial relations with all of them,
exchanging information of interest. The
Zone Constabulary may, while on patrol, observe a crime committed by, or
against, a member of the US Army, and troopers will take such action on the
spot as circumstances require, in order to arrest suspects, detain or identify
witnesses, and seize evidence. Let us
suppose that troopers find the body of a
13. German Police.
a. In the
b. The German police
carry out all the usual police duties among the German people. By arrangement they share traffic control
with the Military Police, gradually taking over more and more of this
duty. They investigate crimes. They patrol their “beats” just like the
police do in the
c. Aside from the
fact that the Nazis misused and corrupted the German police, in order to gain
and hold control over the German people, it must be remembered that the German
police were among the best in world in the performance of police duties and in
scientific criminal investigation. They
have a tradition of highly capable service, which for many years attracted some
of the best brains in the nation to police work. It was common, before the war, to find many
men with advanced university degrees serving in technical and high
administrative positions in German police forces. The German police are forbidden to arrest any
members of the Allied Forces, including civilians attached to such forces. If such persons commit violations of law the
German police are required (by Military Government law) to report such cases to
Military Government, which in turn reports them to the Military Police or other
appropriate agents of the United Nations military forces. However, it must be remembered that our
military policy requires all
d. On the other hand, the Zone Constabulary will not do the work of the German police nor interfere with them in the performance of their duties. To do so would destroy the initiative of the German police and make the task of the Zone Constabulary more difficult.
e. Let us take an
example. On patrol you observe a German
breaking into a German food store. Your
arrest him on the spot, detain any German witnesses, and turn the suspect and
witnesses over to the nearest German police station. If the store has actually been broke into, a
trooper stands guard (to prevent further entry) until the German police or
owner arrives to secure the premises. This is clearly a case where the
f. Now suppose that
instead of a German food store the break was on the premises containing
g. In every case where a prisoner is turned over to the German police, the trooper will fill out form MG/PS/G/4. This form, printed in both English and German, is on hand at all German police stations. It is called an “Arrest Report”, and provides spaces for all pertinent information on the arrest. This form may be used in court as a deposition, if the arresting officer is not available to testify in person at the trial. The German police are forbidden to accept a prisoner unless this form is filled out.
CHAPTER 2.
OPERATIONS.
14. Duties of a Trooper (General)
a. To be alert at all times when on duty.
b. To accept no gifts or favors in connection with the performance of your duty.
c. To use no more force than is necessary to accomplish your mission.
d. To be firm, but courteous, in the performance of your duty.
e. To be helpful to persons in distress.
f. To know the laws and regulations which you are required to enforce.
g. To know what to do at the scene of a crime.
h. To know how to make an arrest and search.
i. To know how to handle crowds and mobs.
j. To know how to handle and maintain efficiently all weapons and equipment assigned to you.
k. To know how to direct traffic and handle accidents.
l. To know how to give First Aid.
m. To know how to read a map.
n. To know how to patrol.
o. To know how to make a report.
p. to conduct yourself at all times in a manner to bring credit to the US Zone Constabulary.
15. Personal Conduct and Bearing.
a. The trooper is a policeman as well as a soldier. You must have the good qualities of both.
b. General Dwight D.
Eisenhower, Supreme Commander, Allied Expeditionary Force, in his Proclamation
No 1 to the people of
c. There is no profession on earth which requires more strength of character than the police profession. When a policeman fails to be a good policeman, it is almost invariably due to his lack of this quality-strength of character.
d. The policeman, more than any other public official or private citizen, is closest to the daily lives of the people. He represents the law and dignity of the government he serves. He understands people and the everyday problems of human life and sympathizes with them. Yet he must be strict and fair. How he conducts himself has a great bearing on how the average citizen respects the law and the government, city, state, or nation, as the case may be.
e. No class of public officials or private citizens are subject to greater temptations or greater criticism than policemen. How well he resists temptation and carries out his responsibilities is the measure of his character and of the degree or respect for law and order by the people in his community. No class of officials can less afford to make mistakes than policemen. His profession is definitely an honorable one.
f. In carrying out
orders and in enforcing the law, you will be strict, fair, and decent. Your conduct will be closely watched by the
citizens, and from your conduct they will draw the clues for their own
conduct. For example, the well-trained
trooper does not wear a scowl or act like a bully. Neither does he slap people on the back,
“clown”, or act in an overly-friendly manner.
All of these mannerisms would be interpreted by Germans as evidence of
weakness. When on duty, you will talk to
Germans only in line of duty and say no more than is necessary. If you talk little, they cannot figure you
out and will respect you all the more.
When you do speak to Germans, as for example, to inquire directions, you
are courteous. You say: “Please” (bitte)
and “thank you” (danke schoen), exactly as you would do if you were in the
g. You will always remember that there is law behind everything you do. You represent the law. Therefore you act only in accordance with law. You keep your personal feelings, your likes and dislikes, entirely out of your law-enforcement. In so doing, you add to your prestige and that of the Zone Constabulary. This attitude is sometimes not easy to assume, but it is fundamental to police service and will be insisted upon at all times.
h. In handling people, friendly or hostile, your bearing and manner make all the difference between success and failure. An erect, soldierly bearing; a neat, well kept uniform; and a manner of quiet self-confidence are fundamental requisites. These qualities cannot be successfully assumed and laid aside at will. They must be acquired and become your permanent habits until they become as natural to you as breathing. Having acquired these habits, you will meet difficult situations with the chances greatly in your favor. You do not have to stop and think whether your bearing is correct. It will be. You can devote your full attention to the problem facing you.
i. There is an old story about a riot. The local sheriff telephoned to the state police and requested that a detail of state troopers be sent to handle the mob. One trooper arrived. The excited sheriff again telephoned the barracks and complained: “You only sent one man”. The answer came back: “Of course. You only got one riot haven’t you?” The story illustrates the type of man, the bearing, the ability, and the self-confidence required of the trained trooper.
j. Compare this type of man with a sloppy-appearing, loud-mouthed, blustering fellow, who tries to cover up his lack of training and self-confidence by talk, bullying, or even trying to be over-friendly. What are his chances of successfully handling a difficult situation?
16. Mounted Patrols. (FM 19-10, Par 46-51)
a. Know and clearly understand your mission, route, and any special orders for your patrol.
b. Be sure that your vehicles are in order and properly checked, to include all standard vehicle equipment.
c. Check your radio communications.
d. Inspect your weapons, ammunition and all personal equipment, and see that all are present and in good order.
e. Depart on time.
f. Except in an emergency, don’t exceed the prescribed maximum speed. You cannot patrol and observe properly except at moderate speed.
g. Test your radio communications at prescribed intervals.
h. Keep your patrol log accurately. Record the time when you reached each check-in point. Record every event of your patrol. Record the weather, and changes in weather.
i. Report by radio, or best available method, any unusual event of importance and any delay affecting your schedule by more than 30 minutes.
j. Check in with each of the following agencies on the route of your patrol:
(1) Public Safety Officer of the Military Government Detachment
(2) Military Police stations
(3) CIC stations
(4) German Rural Police posts
(5) German city or town police stations
k. Record any information of interest to the Zone Constabulary.
l. Obey all traffic signs and regulations.
m. Obey the directions of all military and civilian traffic police.
n. If you arrive at the scene of a serious crime which requires your immediate attention, follow the procedure of para 25. (If the crime is already being handled by the Military Police or German police, and they do not need your help, get the main facts and proceed with your patrol.
o. If experts are needed at the scene of a crime (medical officer, photographer, fingerprint specialists, CID investigators, etc.), radio your headquarters and request that such experts be sent.
p. In any situation not covered by your instructions, radio your headquarters for instructions.
q. Upon completion of your patrol, report to your superior, turn in your patrol log, and make such additional reports as may be required.
17. Foot Patrols (FM 19-5, Par 24-36, FM 19-10, Par 30-45)
a. Walk along the outside of the walk. This enables you to see farther down the street, be easily seen by your officers and NCOs, and be less easily attacked from the doorway.
b. Know your area-the roads, the location of the civil police and fire stations, hospitals, doctors, the local Military Government Detachment, the bars, cafes, dance halls, and all places where trouble may start. Know the location of police and fire call boxes.
c. Make the acquaintance of local policemen, postmen, hotel employees, and cab drivers. They are a good source of information.
d. You will normally patrol in pairs. You and your partner must never argue in public over what you will do or how you will handle a case. That would indicate weakness, lack of experience, and indecision.
e. Approaching and Individual. If you are about to question a soldier, you must remember that your first words either will antagonize him and make him hard to handle or will make him feel willing to cooperate with you. Your voice should be quietly firm, but friendly. Try not to embarrass him. If possible, stop him where there is no crowd, or ease him away from a crowd.
f. If you have a partner, only one of you does the questioning. Don’t step squarely in front of him, but a little to one side. This does not leave you open to a sudden attack. Your partner should stand by alertly on the other side of the soldier.
18. Arrests (FM19-10; FM 19-20, Chapter 9)
a. An arrest is made to detain a man against whom there is a reasonable suspicion of guilt. Only as much force as necessary to make the arrest will be used. Arrested persons will not be abused or mistreated. Even if you see a man commit an offense, you have no right to punish him. Punishment is not a police function. It is the function of the court and also of a Commanding Officer having disciplinary power. The police function is to present the facts to the court for decision. If the court finds the man guilty, the court awards the punishment.
b. There is no hard and fast rule about when to make an arrest. It is better not to arrest a soldier if his offense is trivial and can be corrected on the spot, or if it can be handled by making a report. Sometimes you can arrange to have his buddies take care of him. Each case is a matter of your good judgment, but in any case a soldier who shows signs of intoxication must be protected from harm and removed from public view so that he does not bring discredit upon the military service.
19. Search of a Prisoner (FM 19-20, Chapter 9)
a. When you place a man under arrest, never give him a chance to take advantage of you, either to attack you or to escape. Tell him: “You are under arrest”, and advise him to “come along and take it easy”. Give him a “frisk” (search) for weapons by running your hands over his clothing. Don’t pat his clothes-feel them, including his body, waist, arms, legs, and pockets. Small pistols and knives are frequently concealed in caps, or suspended by a string around the neck or in sleeves, waist band, or trouser legs.
Figure 1. Correct method of a preliminary search of a prisoner.
b. Have prisoners walk between or slightly (half pace) in front of you or your partner.
Figure 2. Normal method of searching a prisoner.
c. The use of handcuffs is a matter of your judgment. Once you have placed a man under arrest, you are responsible that he does not escape. If you are in doubt about your ability to prevent his escape, you are justified in handcuffing him. Even then you must be careful. Handcuffs can be “picked” if not properly applied, and a man handcuffed in front can disable you by raising both hands and striking you with the handcuffs.
d. When two prisoners, handcuffed together, are to be carried in vehicle, turn the prisoners so that the one standing on the right, sit in the vehicle on the other’s left. This brings the handcuffed right hand of the right prisoner and the left hand of the left prisoner across the front of their two bodies in a position too awkward for them to resist effectively.
Figure 3. Questioning a soldier on the street.
Figure 4. Prisoners are placed between or in front of the military police.
e. Upon arrival at a place of detention, strip and search a prisoner thoroughly, examine every article of clothing in detail for weapons, hack-saw blades, narcotics, and any form of contraband. Examine hair, ears, mouth, armpits, crotch, rectum, toes, and soles of feet. Narcotics and razor blades are sometimes concealed under fake bandages.
Figure 5. Arms secured behind prisoner’s back.
Figure 6. Hands secured under knees of seated prisoner.
Figure 7. Securing 4 prisoners together with 2 pairs of handcuffs.
Figure 8. Securing hands with necktie.
20. First Aid (FM 8-50 and 21-11)
a. First aid is of first importance. You are in good health when you enter the Army. Everything from a balanced diet to competent medical care is provided to put you in even better shape. In rigorous training or in combat, however, there may be times when your life will not depend upon health, but upon your knowledge of first aid. No other part of your training is more important to you as an individual. First aid consists of the temporary emergency measures, which a soldier can carry out for himself or a companion in a case of sudden illness or accident before the services of a medical officer can be secured. Very often the only first aid necessary is to prevent further injury to the patient by well-meaning meddlers.
b. First, learn the “don’ts”. People who want to be helpful can harm a person who has been injured if they become excited and start doing things just to be doing something. Before you do anything at all for a patient, recall these “don’ts”:
(1) Don’t get excited. Your excitement may frighten the patient, and it can easily lead you to do the wrong thing.
(2) Don’t move the patient until the extent of the injury is determined. If there are broken bones or internal injuries, dragging the patient around will cause complications.
(3) Don’t let the patient move. Keep him warm and lying comfortably, with his head level with his body. He may be suffering from shock, and shock can be fatal.
(4) Don’t give liquids to an unconscious patient. Liquids may enter the windpipe and strangle a person who cannot control his own reflexes.
(5) Don’t give stimulants until directed to do so. In some cases they may be exactly the wrong thing.
(6) Don’t revive an unconscious patient. Trying to bring him back to consciousness may aggravate shock.
(7) Don’t wash a wound, as with soap and water. Let the medical officer sterilize the wound when he arrives.
(8) Don’t attempt to “explore” a wound or remove blood clots or foreign matter; leave this for the medical officer.
(9) Don’t use iodine in or around the eyes or in a body cavity.
(10) Don’t do too much. When you have done everything you know to be right for the situation, don’t do anything more. It’s not fair to the patient to work off your own excitement by constantly annoying him with helps which may be wrong. If the injury appears to be serious, don’t take the patient to the hospital or dispensary, bring medical assistance to the patient.
c. Then do these things. The best things to do for an injured or ill person in most cases are the ones common sense would direct.
(1) Keep him warm. Cover him well and be sure that he has something under him to prevent chilling by contact with the ground. Warmth is most important in preventing shock , even on a warm day. If possible, fill canteens with hot water and place them between his legs and under his armpits; always outside his clothes to avoid burning him.
(2) Keep him clam. Act normally yourself, keep bystanders from crowding around, and assure the patient that medical aid is coming.
(3) Get a medical officer or an enlisted man of the Medical Corps as quickly as possible.
d. Use the first aid packet. Among the items of your equipment is a first aid packet. Never open the air-tight container until you are going to use the contents; it has been packed under pressure and you will not be able to restore the packet.
e. Read the manuals. You may be able at some time to save your own or another’s life because of a knowledge of first aid. Time invested in reading manuals on the subject well spent.
21. Traffic Control (FM 19-5, Chapter 5)
a. The purpose of the traffic control is to enable traffic to move safely, and without unnecessary delay, over public highways. “Traffic” includes motor vehicles, animal-drawn vehicles, people on foot-everything which moves along or across a road. To permit a free and safe flow of traffic, it is necessary to direct and control it, especially at road intersections, narrow or obstructed places, and railroad crossings, and at any place where two or more streams of traffic are likely to come together so as to cause accidents or delays. Traffic jams build up quickly and may take hours to untangle. Proper traffic control is aimed at foreseeing and preventing such jams. This is accomplished by troopers on fixed post and critical points, and by troopers on patrol to observe and take immediate action to prevent (if possible) traffic accidents and traffic jams; or, if such have already occurred, to give the necessary assistance so as to reduce the danger and clear the road as quickly as possible.
b. Military traffic. Military traffic presents special problems which sometimes have to be handled differently from Civilian traffic. Military traffic usually is give right-of-way over civilian traffic. In combat, success depends on military traffic being at the right place and the right time. This timing requires the careful coordination and utmost energy of all concerned with traffic control.
c. Often unforeseen events disrupt even the best plans and require changes on the spot. On traffic control you must know the roads and the strength of bridges, so that, in emergency, you can reroute traffic when necessary and authorized.
d. Duties. Traffic control duties include the following:
(1) Regulating traffic flow at critical points.
(2) Enforcing traffic regulations and orders.
(3) Escorting columns of traffic.
(4) Patrolling routes.
(5) Furnishing information.
(6) Emergency routing of traffic.
(7) Handling traffic accidents.
(8) Clearing traffic jams.
(9) Reporting traffic movements.
(10) Reporting necessary road repairs.
(11) Recommending improvements in traffic control and roads.
Successful performance of these duties requires knowledge, skill, alertness, and constant attention to duty on your part. Good traffic regulation is not easy, but if you meet these requirements, it can be accomplished. It is a job where good work (or pooer work) is obvious at once. It is a job in which there is a lot of satisfaction, because you are giving service to thousands of people.
e. Fixed post duty. When you are detailed to control traffic at a certain point, your exact position is important. It will depend on the width of the road, the type of road intersection, the nature of the traffic, obstacles to your view, and other local considerations. Four example, if you are directing traffic ina square where there is a monument, but you will not stand behind the monument, but will stand where you can see, and be seen by, traffic approaching from any direction. Your position should be taken so that you can see all traffic, all traffic can see you, and you will be safe. Additionally, you will not be an obstruction to traffic. You will be in position to control traffic and be accessible to persons who wish information. Sometimes you can not find a spot which meets all these requirements fully, but pick the spot which comes a slosely as possible to meeting them. The first three are the most important. When regulating fst traffic, especially at night, you must not stand directly in the path of approaching traffic, unless you are certain the driver can and will stop safely. When the road is slippery, give drivers ample warning of your signal to stop or reduce speed; otherwise skidding accident are almost certain to occur.
f. Manual signals. You will be taught the standard arm signals and flashlight signals for directing traffic. It is important that you execute these signals correctly, so that all troopers will use the same signals and all drivers will know what is expected of them.
g. Intersection control. In the case of traffic composed of independent vehicles, your good judgement will determine how long you will let traffic flow in one direction before halting it in order to permit cross traffic to flow. Sometimes you will receive orders to give priority to certain types of traffic. Certain general points regarding military vehicles to bear in mind are:
(1) Traffic moving toward the enemy has the right of way.
(2) When priorities have been assigned, vehicles with the highest priority have the right of way. For example, vehicles marked “priority !” have the right of way over all others. A “priority 2” vehicle has right of way over those with “priority 3” or “priority 4”, but should be held up in favor of a “priority 1” vehicle.
(3) Columns moving on a schedule must be given a clear path so that they can adhere to the plan.
(4) Organic tactical units moving in column formation should not be broken up.
In the absence of orders and the above factors, you will use your best judgment. For example, if two columns are approaching your post at the same time on conflicting routes, the short column should be given the right-of-way. If the columns are of about equal length, the one composed of the faster vehicles should be given right-of-way over the column of slow vehicles. Usually the vehicle or column which reaches the intersection first will have the right-of-way, unless there are orders or priorities which require otherwise. At intersections where no policeman or automatic signal directs traffic, custom gives the right-of-way to the vehicle which approaches on the other vehicle’s right (provided both vehicles reach the intersection at the same time.) However, the driver of a vehicle turning to the left is responsible that he shall make such turn without endangering traffic approaching any other direction.
h. Narrow defiles. Traffic approaching a narrow defile, narrow bridge, or an obstruction, which permits only one lane of traffic at a time, must be regulated by halting traffic in one direction while permitting traffic in the opposite direction or pass through the narrow place. The flow of traffic will be reversed at intervals. The length of time that you will permit traffic to flow in one direction will depend on your good judgment, taking into consideration the length of the defile and the type and amount of traffic in each direction.
i. Patrols. When you are on a traffic patrol, be alert all the time. Be on the lookout for information relating to enemy activity, crime, traffic and road conditions, which may be of importance to the Zone Constabulary. Patrols have the following specific duties.
(1) To observe and report needed road repair.
(2) To observe and report needed new road construction and changes in traffic circulation and control to increase traffic efficiency.
(3) To note the condition of traffic signs, report the need for replacements and new signs.
(4) To enforce traffic regulations.
(5) To provide information and directions to traffic.
(6) To handle accidents.
(7) To assist troopers on fixed posts, when necessary.
(8) To regulate traffic, when necessary, at places where no other control is provided.
(9) To keep traffic control headquarters in formed on the progress of movements.
(10) To give emergency escort service to columns, when necessary.
Cover the area assigned to you as thoroughly as you can. If you and your buddy find a situation which requires one of you to take a fixed post (for example, a damaged bridge, or blocked road), one of you take the emergency fixed post duty, while the other continues the patrol. Report it by radio, and if in doubt, request instructions.
j. Escorts. The purpose of a traffic escort is to “smooth the way” for a particular column. However, the fact that a column moves under escort does not necessarily mean it has priority over all other traffic. Movement of the column must be in accordance with traffic orders for that area. If you are escorting a column and come into a section where an area control system is in effect (that is, where the Military Police or troopers are directing traffic) you will conform to their direction.
When escorting a column, you ride out in advance of it so that you can clear obstructing vehicles away, warn approaching traffic and take fixed posts at intersections or narrow places in the road so as to provide right-of-way for your column when it arrives. This procedure requires two or more troopers “leap-frogging” each other in order to provide a clear road for the column, or a detail of troopers dropped off at successive points ahead of the column.
k. Your manner. Traffic duty, more than any other, puts you in close contact with many people of all walks of life and of all degrees of intelligence. If your direct traffic well, you will command the respect and compliance of everybody with whom you deal. By all means avoid unwarranted actions and remarks which irritate and antagonize people. You must be firm, but not harsh. It is not your job to discipline traffic violators.
Here are some points to guide you:
(1) Be alert and act alert.
(2) Be calm and have confidence in yourself.
(3) Don’t show doubt or inability to make up your mine.
(4) Give your signals exactly the way you were taught.
(5) Show that you are proud to be doing an important job and are interested in the job.
(6) Control your temper.
(7) Give help and information in a willing manner. Know your roads and locality so that you can give information.
(8) Treat everybody fairly and impartially.
(9) Be firm, but not harsh or over-bearing.
(10) Be courteous.
l. Enforcement. When on traffic duty, enforce the regulations in a common sense manner which will actually improve traffic conditions. Don’t be over-strict in small matters. Sometimes when traffic is heavy, it is better to overlook petty violations rather than tie up traffic by stopping the offender. On the other hand, don’t be too lenient. Drivers must not get the idea that they can “get away” with flagrant violations.
(1) Traffic accidents kill and injure thousands of people each year. Nearly all of these accidents are unnecessary and could have been avoided. The deaths, injuries, and property damage caused by accidents amount to a tremendous waste of man-power and money, to say nothing of the sorrow and pain involved. There is no glory, honor, or gain in traffic accidents. They are bad-anyway you look at them. If accidents are to be reduced, it is necessary to learn the causes. To learn the causes, it is necessary to have an investigation and report every accident. When a study of these accidents are occurring repeatedly at a certain place, or for a certain reason, or under certain conditions, then the Zone Constabulary can take definite action to reduce accidents by detailing troopers on traffic duty at such places and times.
(2) Detailed procedures in accident causes:
(a) Go quickly, but safely, to the scene of the accident.
(b) Give first aid to any injured persons.
(c) Take action to prevent other accidents by warning traffic, using persons, lanterns, or any means available.
(d) If it is necessary to remove wreckage in order to get traffic moving, do that next. Otherwise, postpone it until measurements (and photographs if required) have been taken.
(e) Question drivers (and pedestrians) involved. Question each person separately and alone, so that you get their independent stories.
(f) Question and record witnesses and their statements.
(g) Record the physical evidence such as type, condition, and width of road; weather; visibility; course of vehicles before collision; point of impact; skid marks; damage to vehicles and other property; injuries to persons; and vehicle defects that may have caused the accident.
(h) Take measurements
(i) Clear up the scene and restore order.
Don’t announce who is at fault. Your opinion belongs on the accident report. You might change your opinion after studying all the evidence. If you announce who is at fault, drivers or witnesses may withhold information or try to argue with you. A sympathetic manner will encourage all persons present to talk freely.
(3) Hit-and-run-accidents. When one vehicle leaves the scene of an accident, the first problem is to identify it. Often it will leave some evidence at the scene from which you can say that it was the car of a certain make, type, and color and that it has a missing hub cap or a broken headlamp. Broadcast the available information as quickly as possible so that patrols may apprehend the fleeing vehicle before it has been concealed. Carefully gather and preserve all broken glass and parts from the fleeing vehicle. If the car is found they can be used to clinch the evidence against the accused. Various technical and laboratory aids can be used to identify a hit-and-run vehicle. Pieces of glass or metal left at the scene may be proven to have been broken from that particular vehicle. Where a pedestrian has been struck, hair, cloth, fibers, blood, or tiny bits of flesh may be found sticking to the car or to the under parts of the chassis. To find them, you must make an minute and thorough search. The laboratory may be able to make identification with the victim, especially in the case of cloth fibers. Therefore the victim’s clothing and samples of his hair must be taken and preserved before burial.
22. Check Points and Cordons.
a. Definitions. A check point is a place where military personnel stop all persons and vehicles for identification and/or investigation. A cordon is a series of check points so established around an area that persons and/or vehicles cannot enter or leave the surrounded area without being stopped at one or more check points. For example, a simple cordon consisting of several troopers may be posted around a building to prevent unauthorized entrance or exit. In this case each trooper constitutes a check point. In some cases a large cordon may be placed around a city by posting check points on all highways leading out of the city. Such a cordon would be effective for vehicles, but would not prevent persons on foot from detouring check points by creeping through fields and woods. Such evasion can be minimized by cross-country patrols (especially by using dogs) between check points.
b. Organization of a check point.
(1) Normally the personnel of a check point will consist of two or more men, depending on the purpose, the length of time the post will be maintained, and the opposition or evasion to be expected.
(2) A barrier may be used to insure the stopping of all vehicles. This may be in the form of a bar, which can be raised and lowered, or a series of staggered fixed barriers which require a vehicle to proceed at a very slow speed in order to pass through. Barriers must be well lighted to prevent accidents.
(3) Often no barrier will be used. A trooper signals approaching vehicles to stop.
(4) Whatever system is used, other troopers are posted to prevent any attempt to escape. A fast vehicle, with its motor warmed up, should be so parked, close by, that it can take up pursuit in any direction, without delay.
(5) Vehicles that attempt to run through a cordon or turn around and escape, will be called upon to halt. If they fail to halt, they may be stopped by firing a bullet through the motor, radiator, or tires. If, however, troopers are properly posted and alert, the hopelessness of escape will be so apparent that few drivers will make the attempt.
(6) Troopers posted to prevent escape will have their weapons in hand. They will be so posted that their lines of fire will not endanger each other or the trooper who approaches the vehicle to identify its occupants. The proper posting of alerts troopers will go a long way to discourage occupants of a vehicle from firing on the trooper who inspects their credentials.
(7) When there is reason to believe that armed criminals are in the vehicle, the trooper stopping it will approach from the right or left rear, where his is in a “blind spot” with respect to the occupants. He will have his weapon ready for instant use. He will call upon the occupants to raise their hands. While he covers them with his weapon, he will direct another trooper to turn off the car’s ignition switch and take the keys. Then, under cover of the weapons of both troopers, the occupants will be ordered to get out of the car, one by one, with hands raised, and on all on the same side of the car. Keeping their hands raised, the occupants will be searched as in a “wall search” (see FM 19-120 par 87), using the car as the wall. They will then be handcuffed. The car will then be carefully searched and any weapons and contraband removed. At all times the occupants will be so guarded and “covered” that escape or resistance is impossible.
(8) In those cases where you must act alone, you should not attempt more than you are absolutely certain you can accomplish. Arrested persons, likely to be dangerous, can be made to lie on the ground, face down, at full length, with arms extended at full length beyond their heads. You then have them under complete control. You should then hail a passer-by and send for help. The important point is that the arrest of a dangerous man be successfully accomplished, rather than you attempt too much a run the unnecessary risk of being killed and letting the suspect escape.
(9) The best roper is the one who successfully accomplishes his mission. No trooper can be criticized for “playing safe” under circumstances that will surely accomplish his mission.
a. When you stop persons and vehicles to check their identification and passes, you must know what to look for and take time enough to check thoroughly. Identification and pass forms may change from time ot time, you must keep yourself posted on what is valid and what is not. Some persons will try to get by with expired passes, or passes which do not apply to their present journey, or even with forged credentials.
b. Every person who
is legally in the US Zone must have proper identification-something to show who
he is. If he passes from one Zone of
Germany in another, he must conform to existing regulations, that is have a
pass if it is required or, if he is transporting property, have a bill of
lading or whatever is required (for example, a pass to travel from the British
Zone into the US Zone). If he is
traveling across an international border, as for example from
c. Military personnel will normally have orders to authorize their travel. So will Allied civilians.
You should look for the following when checking Personal credentials:
(1) Is the person identified?
(2) Are his papers signed or stamped by proper authority?
(3) Are his papers valid at this date, or have they expired?
(4) Is he on the route indicated by his papers?
(5) Is he carrying any illegal property?
(6) Do his papers appear to have been forged, or date, name, or signature altered?
(7) Is he out after curfew without proper authority?
(8) Is he wanted for, or suspected of any crime?
When checking a vehicle look for the following:
(1) Is this vehicle properly registered and identified?
(2) Is it properly in this man’s possession?
(3) Is it carrying any illegal property?
If you are fully satisfied on all of these points, you may permit the person or vehicle to proceed. If not, further investigation is required.
24. Riot Duty, (FM 19-15, Chapters 2, 4, and 5)
a. Definitions. A crowd is a large number of persons in a close body, but without organization. A mob is a riotous crowd whose members have lost their sense of reason and respect for the law. Spectators are persons who are present from a sense of curiosity. They frequently are persuaded to become part of the mob.
b. Control of Crowds.
(1) Crowds are usually not dangerous unless they become panicky. They do represent a traffic problem. They can, and should, be handled quietly and without violence. Use good judgment. If you commit an act of unnecessary violence or abuse, you are likely to touch off a spark of resentment which flares into a flame of anger that sweeps the crowd. When a crowd becomes angry and riotous, then you have a mob to deal with. Members of a mob are filled with unreasonable hatred by real or imaginary wrongs, and commit acts, as part of a mob, which they would never ordinarily do alone. Mobs may become very dangerous.
(2) When a crowd has gathered, you must above all things keep your head. If the crowd can be kept good-natured, it can usually be easily handled and dispersed. Don’t lose your temper. Don’t get excited. Don’t let the crowd see that you are all worried. Take it easy. Try to disperse the crowd gradually and before it turns into a mob. A good natured grin and twinkle in your eye will help a lot at this stage in the game.
(3) If agitators and leaders are trying to stir up the crowd, spot them, and let them see they are spotted, and watch for a chance to ease them away. They are usually cowardly individuals, and if they see they are identified and closely watched, they will often decide to sneak away. Let them go. You can arrest them later. If you rush into a crowd to arrest an agitator, you just may provide the spark which will change the crowd into mob. That is what you are trying to prevent. There is no hard and fast rule about this. Sometimes your good judgment will tell you that you can arrest the agitator without starting a riot, or that if must be done anyway. But if violence is committed, then arrest the leaders at once and take them away from the mob. Without leaders, the mob can be more easily handled; sometimes it will then disperse of its own accord.
c. Basic principles of riot control.
(1) Keep calm. Don’t lose your temper. Pay no attention to verbal abuse.
(2) Always face the crowd or mob. Never turn your back on them. To do so is to lose control; they will edge forward beyond the line prescribed.
(3) Whenever possible use a barrier, even a rope if necessary, but preferably a cable or barbed wire. It is of great help in controlling a crowd.
(4) Keep a crowd moving. Don‘t allow them to congregate. This will do more than any one thing to keep a crowd from forming and converting into a mob.
(5) Never give an unreasonable order or one that cannot be carried out. Once an order is given to a crowd or mob, insist on prompt obedience. The contrary will certainly be interpreted by the crowd as evidence of indecision or weakness.
(6) Troopers should always be stationed in pairs, or close enough for mutual support, when holding a mob or crowd on a line or when patrolling.
(7) Close supervision by officers and NCOs is required at all times and places where troopers are on riot duty.
(8) Use of weapons or tear gas should only be at the order of the officer in charge of the riot detail.
(9) Military principles of squad and platoon units and responsibility will be followed. The Commanding Officer gives missions to his unit commanders. One man cannot supervise a line of troopers facing a mob. The line will be subdivided into sectors and each assigned to a subordinate unit.
(10) Unit commanders should direct their units from the rear thereof, where they can observe and supervise. The moment they themselves get drawn into a “dog fight”, they cannot exercise supervision. With intelligent, well-trained troopers, better leadership can usually be given in this way than by rushing forward and becoming involved in a scrap. (For example, the squad leader is directly in the rear of his squad, and close enough to speak to each man. The platoon leader is in the rear of his line of squads, where all his squad leaders can watch for his signals and commands. He goes wherever needed. He always has a runner with him.
(11) Before deployment for riot duty, the second and third-in command of each unit will be clearly known to all men, so that there will be no loss of control in the event leadewrs become casualties.
(12) Always try to place the Zone Constabulary forces so that the mob will be forced to attack them in order to accomplish its destructive purposes. This then gives the Constabulary a clear justification for the use of force. This applies to those situations where it is advisable to avoid the use of force as long as possible. Obviously it does not apply to situations which require the Constabulary to take the initiative.
(13) Through early information and personal reconnaissance, make every effort to place Constabulary at the scene of a possible riot before the crowd gathers, or if it has gathered, before it becomes violent. A sketch of the area made beforehand will aid greatly in planning the operation.
(14) If troops arrive too late to prevent the formation of a crowd, the crowd should be split up and dispersed gradually and as quietly as possible. The squad in wedge formation can be used to good advantage to split off one section of the crowd at a time.
(15) If violence starts, arrest the leaders of the mob at once. The mob, then being leaderless, can be handled and dispersed more easily.
(16) One or more squads placed to stand in rear of a crowd will exercise restraint on stone-throwing. The crowd is uneasy of troopers are standing in rear of them. This procedure is helpful also in spotting leaders and agitators. Troopers so placed remain watchful, but inactive so long as the mob is peaceful. They act instantly to disarm any member of the crowd who picks up a stone or displays a weapon.
(17) Never trap a mob. Always leave it at least one avenue by which to disperse. The object is to disperse a mob, not destroy it. If trapped, the mob’s resistance will be desperate.
(18) Always have a reserve.
d. Riot Formation. Some simple formations for squads, platoons, and troops are useful in handling crowds and mobs. They are: Line, Diagonal, and Wedge.
25. Scene of a Crime. (FM 19-20, Chapters 11, 12)
a. After a crime has been committed it is necessary to apprehend the criminals and gather the evidence which will establish in court the circumstances of the crime. This calls for careful investigation and thorough searches. For example, in every murder or case of armed assault, the weapon used is highly important evidence and must be found if possible.
b. When you arrive at the scene of a crime, you are faced with two possible situations: either the criminals are still there, of the criminals have fled.
(1) If the criminals are there, you act fast to place them under arrest at once and search them. This saves a lot of time and trouble. You will also detain any witnesses. When criminals are arrested at the scene of their crime, they should be questioned and identified immediately. If questioning is delayed, they have time to think up false stories to account for their presence; but if questioned at once, they can seldom lie successfully and often will confess on the spot.
(2) If, as usually happens, the criminals have fled, you take time to act methodically, one step at a time.
c. Don’t rush in a touch everything. If you do, you will cover up tracks the criminals have left and will destroy their fingerprints, or leave your own fingerprints, which will confuse the expert investigators, who arrive later.
d. Note the exact time you arrived at the scene, the weather, the names of your companions (if any), and the names and addresses of any witnesses or other persons at the scene when you arrived. Bits of paper, shot-gun wads, or cigarette butts ar likely to stick to the soles of your shoes, of you don’t watch carefully where you step. Valuable evidence is often lost or destroyed by clumsy investigators.
e. So take it easy. Look the scene over and plan what you will do. If the victim is dead, there is no great hurry. If the victim is alive, he must have aid and all necessary attention. (He is your best witness; you don’t want him to die.) If he can speak, ask him who did it. Get the best description you can of the criminals, when they departed and in what direction. What kind of vehicle did they use? Broadcast that information at once, if there is a chance for a quick arrest. At the same time request your headquarters to send a medical officer and the experts (photographer, fingerprint man, etc) and any additional help if needed.
f. Don’t disturb anything at the scene of a crime until the photographer, finger-print specialist, and any other experts who may be called have done their work. Photographs must show the scene exactly as it was when the first trooper arrived; otherwise it will probably not be admitted as evidence at the trial. (The only exception to this rule is when some emergency exists, such as the need to care for an injured person, prevent fires, etc.)
g. After the photographer and fingerprint man have done their work, then you start your careful examination of the premises and search for evidence.
h. Don’t roll a dead man over or disarrange his clothes. Don’t even touch him. If you do, you are very likely to destroy evidence which a pathologist or medical officer could obtain to determine how long the man has been dead, or whether he was killed at the spot, of the exact manner of his death. All of these things may be important to the investigation.
i. When it is necessary to leave the scene of a crime, consider whether your job there has been finished. If there is any possibility that you or some other investigator must return to complete the work at the scene, be sure to leave a guard there to prevent any unauthorized person from entering and troubling anything. (See “Evidence”, par. 27.)
26. Searches (FM-19-20, Chapter 11)
a. Buildings.
(1) First, guards to prevent unauthorized persons from entering or leaving the premises must be posted. If photographs are to be taken, this should be done before any search is started, in order that they will show the situation exactly as it existed upon the arrival of troopers and before any objects have been disturbed, removed from, or added to, the scene. Otherwise the photos may not be admitted as evidence in court. Search for fingerprints by fingerprint specialist should come next, and before a search is made for other evidence.
(2) To be effective, a search for evidence must be systematic and thorough. Aimless and repeated casual searches by several persons often overlook important evidence. In searching a building, each room should be assigned to one man. To search a room, start at one corner and cover every inch of space- walls, ceiling floor and furnishings, systematically and thoroughly. To search first one part of the room and then the dresser, then back to another part of the room, then a closet, is likely to result in overlooking some object of importance. After ceilings, walls, and floor have been thoroughly searched, examine each piece of furniture and bric-a-brac thoroughly. Use a flashlight to examine dark corners. Turn furniture upside down and examine lower surfaces. Remove all drawers and search them. Bedding requires special attention. Window sashes, window ledges, blinds, screens and gutters must be examined, also curtains, draperies, pictures, wall lamps and chandeliers. Rugs, table covers, desk pads and all small objects should be lifted and all the surfaces underneath examined. The contents of all receptacles, boxes, jars, cans, baggage, shoes and the pockets of all clothing must be searched in detail. Book cases (and every book) must be searched. Letters, documents and money are often concealed in books or behind books. Closets, toilet flush-boxes, toilet traps and wash basin traps must be examined thoroughly. Walls, floor, baggage, desks, and tables should be carefully examined for secret compartments. Don’t depend upon feeling into dark corners- stand on a chair and use a flashlight. (In a famous murder case the weapon, a hammer, was found in a toilet flush box. A policeman first felt with his hand and removed two bottles of beer, but failed to find the hammer. Another search the following day made by an experienced detective, produced the hammer with blood and hair still adhering to it.)
(3) When evidence is discovered, handle it with care as not to disturb fingerprints. Record each such article in a notebook showing the item and the date, time, exact place, and by whom it was discovered. If money or jewelry is found, have it counted and recorded in the presence of at least one reliable witness. This precaution is to safeguard the searcher against an accusation of having pocketed part of the valuables. When possible this should be done in the presence of the owner of the premises. When listing jewelry (including jewelry taken from a prisoner) do not list is as, for example,. “one gold ring with five diamonds”. The ring may be brass and the “stones” glass. List it as “one gold-colored ring with five transparent stones”. In that way the searcher is protected against a false claim for the return of a real gold ring with genuine diamonds. Many a good policeman has been powerless to protect against such a false claim.
(4) The one rule for a search is “be thorough”. To be thorough, a search must be systematic. It is a good idea to have a second man make another thorough search of the premises after the first man has completed his search, if this is practicable. It is apparent from the above, that a thorough search of a single room usually requires a long time.
b. Grounds. To search a piece of ground, as, for example, to find a small weapon, lay out narrow lanes with white strings. Each lane is not over 3 or 4 feet wide, so that one man on his hands and knees can search his lane thoroughly. A man is assigned to each lane. To search a well or cistern, get a fire pump to pump it dry. Another method is to lower a powerful electro-magnet into the well. This if carefully moved all over the bottom, will pick up any iron or steel object such as a pistol.
27. Evidence. (MCM 1928, Chapter XXV; FM 19-20; MGR, title 5)
There are certain rules which govern the presentation fo evidence in Courts Martial. Those rules are intended to assure the accused a fair trial. Here is an example: Pvt. A told you that Pvt. B stole a pig. That may be very useful information, but you cannot testify in a Court Martial, purely on “hearsay” evidence, that B stole the pig. The Court would throw out such testimony as “inadmissible”. The attitude of the Court would be that Pvt. A, if he has any real knowledge of the matter, should be produced as a witness and should, under oath, testify as to what he himself knows about the theft of the pig. As a witness you can testify only what you know to be the fact- what you saw, or did, or said, or heard, or touched, or smelled, or tasted. Now there are two important exceptions to the “Hearsay Rule of Evidence”. You can testify to what somebody told you, provided the person who told it is himself the accused in this case. For example, if B told you that he himself stole the pig, you may so testify, because the court would assume that B would not falsely confess of a crime. Of course, B can testify that he did not tell you that he stole the pig. Then it is his word against yours; therefore, you will always try to have several witnesses to a confession, whether is be a spoken or written confession.
The other important exception to the “Hearsay Rule” is the “Dying Declaration”. Suppose that Jones is wounded and dying. Before he dies he says that Smith shot him. He then dies, and therefore, cannot testify at Smith’s trial. You can testify that Jones told you that Smith shot him, and why, but only if you can prove to the Court’s satisfaction that Jones really believed he was dying and did actually die. Here the Court accepts your testimony, because it is unlikely that a man who really believes he is dying will falsely accuse an innocent man of causing his death.
There is another important Rule of Evidence: A husband or wife cannot be required to testify against each other. He or she may so testify if they wish. Therefore, if Mrs. P tells you that Mr. P broke into a warehouse, you must try to get additional evidence against Mr. P in order to convict him. When the case comes to trial, Mrs. P can refuse to testify against her husband and the Court will uphold her.
There are many exceptions and grounds for legal argument, but a simple statement of some of the more common Rules of Evidence includes these:
- Evidence must be material and relevant to the case.
- The accused is presumed to be innocent until his guilt is proved beyond a reasonable doubt.
- Malice is presumed from the use of a deadly weapon.
- The accused’s bad behavior is not proof of his guilt.
- A confession must be voluntary.
- A husband or wife cannot be required to testify against each other.
- A witness cannot be compelled to incriminate himself.
- Privileged communications cannot be introduced as evidence. These include communications between husband and wife; between an informant and police; between an attorney and his client; and between a doctor and his patient.
- Drunkenness is no excuse for committing a crime.
- Ignorance of the law is no excuse for committing a crime.
Note that the above all applies to evidence before a Court
Martial. Military Government Courts and
German Criminal Courts are not so restricted as to what evidence may be
admitted in their courts. Generally
speaking, both of these courts are the judges of what evidence they will accept
and what they will exclude. They may
listen to evidence which would be considered inadmissible In a Court Martial or
in a criminal court in the
Military Government Regulations, Title 5, par. 5-329 states: “EVIDENCE”. (Rule 12). Evidence shall be admitted in accordance with the following rules:
a. A military
b. The court shall in general require the production of the best evidence available.
c. Evidence of bad character of an accused shall be admissible before finding only when the accused person has introduced evidence of this own good character or as tot the bad character of any witness or the prosecution.