EP 1130-2-550
15 Nov 96
e. District commanders will ensure that surveys are conducted periodically to confirm that
reliable communication equipment is available to personnel, is located in vehicles and vessels, and
is in serviceable condition.
6-9. Juveniles. Juveniles can be cited for Title 36 violations. Each Magistrate may determine if
he/she will hear cases against juveniles. The US Attorney for each district should contact the
Magistrate for coordination on this matter. A "juvenile" is defined by 18 USC 5031 as a person
who has not attained his/her eighteenth birthday. The US Attorney will be able to furnish the
minimum age at which juveniles become accountable for their actions and may be cited for them.
6-10. Uncooperative Violators. If an individual is uncooperative and refuses to accept a citation,
the citing official should not press the issue. The citing of violators will in all cases remain
secondary to the safety of the public and Corps personnel. In difficult situations, citing officials
should request the assistance from local county or state law enforcement agencies. Surveillance
procedures (without personal contact) can be used for the purposes of identifying the alleged
violator, such as recording the vehicle license plate number and description, taking photographs of
the violation, and obtaining statements of witnesses. No magistrate can issue a summon or a
warrant for arrest/appearance without sufficient evidence.
6-11. Appearance Before US Magistrate.
a. In addition to the normal citation procedures, the written complaint on the back of DD
Form 1805 will be prepared and signed by the citing officer. Such complaints will set out the
pertinent details of the offense and names of witnesses, if any.
b. Citing officials will appear before the US Magistrate along with witnesses who agree to
appear. The Visitor Assistance course, discussions with the US Attorney and on-the-job training
will include the proper procedures to be followed when making an appearance before a
magistrate. Personnel will appear in court, dressed in complete uniform, at the preference of the
US Attorney or the US Magistrate. Demeanor should be polite and conversation succinct, with
fully descriptive answers given to questions.
c. In instances where alleged violators fail to appear as directed, the magistrate may cause
a summons or warrant for arrest and appearance to be issued. Service of summons or warrants
for arrest and appearance are the responsibility of the US Marshal. If the magistrate requests that
a Corps representative serve a summons to a violator, the individual will respectfully decline as
being an action outside the scope of his/her authority.
6-12. Issuance of Citations Off Project Lands. One of the following methods will be used when
it is necessary to issue a citation off project lands:
a. By certified or registered mail.
b. Presented while in the company of a local law enforcement officer.
c. Delivered by, or in the company of, a Federal law enforcement officer.
d. Personally delivered by the citation official himself/herself. This should be done only
when it has been determined that no personal danger exists and after specific approval of the
resource manager has been received.
6-7
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