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June MILITARY SUPPORT TO CIVILIAN L

Found at: 0x1bi.net:70/textfiles/file?law/militaryp24.law


June 1991                                                         

                                                                  
                     MILITARY SUPPORT TO 
              CIVILIAN LAW ENFORCEMENT AGENCIES            

                             By
 
                      R. Barry Cronin                                       
                            Major
               U.S. Marine Corps Headquarters 
                      Washington, D.C.                                 
                  
                                                
     If a cross-section of police chiefs were polled concerning
their understanding of the Posse Comitatus Act, most would
likely answer that the act prohibits U.S. military personnel
from performing civilian law enforcement functions. (1)
However, to assume that Posse Comitatus prevents law enforcement
agencies from obtaining any military support would be a mistake.
and civilian police organizations should not be reluctant to
 
    This article provides an overview of the type of military
assistance, depending on the type and amount of support desired.


     As a general rule, the Posse Comitatus Act restricts direct
use of military personnel in civilian law enforcement
operations.  Direct assistance is defined as:  1) A search or
activity; or 3) the use of military personnel for surveillance
or pursuit of individuals, or as undercover agents, informants,
nvestigators, or interrogators. (2)

     Despite these restrictions, it is military policy to try to
cooperate with civilian law enforcement officials to the maximum
extent possible, depending upon national security and military
nvolvement in civilian law enforcement activities, and the
s permissible when it is with the "...primary purpose of
furthering a military or foreign affairs function of the United
States, regardless of incidental benefits to civilian
authorities." (4)  The key is that direct assistance must
aware of this important exception and of the various forms of
military assistance available locally.

TYPES OF AVAILABLE ASSISTANCE                                   

Military Working Dog Teams                                        

     The most widely requested form of military assistance is
the military working dog (MWD) teams, which are located at
almost every major Department of Defense (DoD) installation in
the United States. (5)  Normally, military bases have both
explosive and drug detector dog teams available for use by
civilian law enforcement with the understanding that military
commitments will usually take precedence over civilian requests.
(6)

Training                                                          

     Every year, scores of civilian police agencies take
advantage of firing ranges, combat towns, and other military
training facilities.  Depending on the size of the military
nstallation, these facilities can vary from a standard, small
arms requalification range to a full-scale combat town where
areas where teams can conduct a variety of outside exercises.
Additionally, office spaces and buildings may be used for
traditional classroom training.  And, if available, military
nstructors may also be used to train civilian law enforcement

Expert Advice/Technical Assistance                                

     The military is authorized to provide expert advice to
civilian law enforcement agencies. (8)   There is no restriction
on this kind of support so long as military personnel do not

Equipment and Personnel                                           

     Military equipment can be loaned to civilian law
enforcement agencies on a temporary basis to support on-going
operations and training.  Approval for these requests is handled
on a case-by-case basis. (9)  In addition, personnel may also be
cost or time perspective to train civilian personnel to operate
and/or to maintain equipment. (10)  For example, recently, a
local police department requested assistance from a nearby
Marine Corps base concerning a homicide case.  Eleven Marines,
using mine sweepers, were assigned to help the local police
this case, it would have been highly impractical to train local
maintaining equipment should not be placed in positions where
violations of the Posse Comitatus Act might occur.

Emergency Situations                                              

     In an emergency, civilian law enforcement authorities
cannot waste time tracking down helicopters, dive teams, or
explosive ordnance disposal (EOD) technicians.  Fortunately, the
military possesses a variety of capabilities to which a civilian
law enforcement department may not have access.  In fact,
military search and rescue helicopters and military divers
frequently aid civilian law enforcement in searches for boats
and missing persons on oceans, lakes, or rivers.  In addition,
military EOD technicians regularly assist civilian law
enforcement officials in ordnance recovery and disposal
operations.

HOW TO REQUEST ASSISTANCE                                         

     There are various regulations regarding military support to
civilian law enforcement agencies, and the level at which DoD
approval is granted varies according to the amount and duration
of the support desired.  For example, in many cases, the base
commanders can approve requests, while other requests must have

     However, civilian law enforcement officials need not be
completely familiar with all of these regulations. The senior
military law enforcement official stationed at each installation
s the point of contact for these services and can provide all
the necessary information regarding any rules or regulations.
Law enforcement agencies near Army or Marine Corps installations
Force bases should contact the Chief of Security Police, while
to the Security Officer.

CONCLUSION                                                        

     This article has briefly described a few of the exceptions
to the Posse Comitatus Act with regard to civilian law
enforcement requesting military assistance.  Every year,
enforcement are successfully supported by the U.S. military.  As
civilian law enforcement administrators should contact their
military counterparts about available support.  The U.S.
military stands ready to provide civilian law enforcement with


FOOTNOTES                                                         

     (1)  The Posse Comitatus Act provides:  "...whoever, except
n cases and under circumstances expressly authorized by the
Constitution or Act of Congress willfully uses any part of the
Army or Air Force as a posse comitatus or otherwise to execute
the laws shall be fined not more than $10,000 or imprisoned not
more than two years or both."  18 USCA sec. 1385 (1984).
     
     (2)  SECNAVINST 5820.7B (paragraph 9.a.(3)) March 28, 1988.

     (3)  Ibid., paragraph 6.a.

     (4)  Ibid., paragraph 9.a. (2).

     (5)  10 USCA sec. 374(b)(2) (1989).

     (6)  Capt. James L. Setzer, "Bomb Dog Teams," FBI Law
Enforcement Bulletin, July 1990, pp. 12-13.

     (7)  10 USCA sec. 373 (1989).

     (8)  10 USCA sec. 371-380 (1989).

     (9)  Supra note 5.

     (10)  10 USCA sec. 372 (1989).

     (11)  10 USCA sec. 377 (1989).




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