Final answer:
Under the UCMJ, suspects must be apprehended with due process, ensured through informing them of their rights, requiring reasonable suspicion for detainment, and providing the opportunity for judicial review. Military law enforcement must navigate between the grounds of reasonable suspicion, proper treatment according to the rights of the accused, and respect for constitutional guarantees like habeas corpus.
Step-by-step explanation:
To apprehend a suspect without violating their rights under the Uniform Code of Military Justice (UCMJ), it is crucial to ensure due process is followed. This includes informing a suspect of their rights at the time of arrest, such as the right to an attorney and the right to remain silent as anything they say can be used against them in court. Supreme Court decisions, such as Terry v. Ohio, have established the necessity for police to have reasonable suspicion to stop and frisk a suspect for weapons.
Additionally, the right to habeas corpus demands a judicial authority to determine the lawfulness of detention, and the UCMJ specifies due process requirements for service members, which differ from civilian law particularly in times of war or public danger.
Military law enforcement officers must have evidence or reasonable suspicion that the individual has committed a UCMJ offense to apprehend them. During the apprehension, the suspect's rights include being informed of the charges, the right to remain silent, the right to counsel, and protection from unreasonable searches and seizures. Due process is maintained throughout, ranging from the initial apprehension to eventual trial proceedings, ensuring the constitutional protections are afforded to the suspect.