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-
- 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.
- In fact, several exceptions to the general prohibition exist,
- and civilian police organizations should not be reluctant to
- seek the military's help in certain circumstances.
-
- This article provides an overview of the type of military
- support available to civilian law enforcement agencies. It then
- describes briefly the procedures for requesting military
- assistance, depending on the type and amount of support desired.
-
- PERMISSIBLE DIRECT ASSISTANCE
-
- 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
- seizure; 2) an arrest, apprehension, stop and frisk, or similar
- activity; or 3) the use of military personnel for surveillance
- or pursuit of individuals, or as undercover agents, informants,
- investigators, 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
- preparedness, the tradition of limiting direct military
- involvement in civilian law enforcement activities, and the
- requirements of applicable law. (3) Even so, direct assistance
- is 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
- support military interests. Police chiefs, especially those
- with jurisdictions near major military installations, should be
- 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
- installation, these facilities can vary from a standard, small
- arms requalification range to a full-scale combat town where
- police tactical units can practice in a realistic, urban
- setting. There are also demolitions ranges, as well as training
- 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
- instructors may also be used to train civilian law enforcement
- personnel. (7)
-
- 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
- participate directly in civilian law enforcement activities.
-
- 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
- requested in situations where it would be impractical from a
- 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
- department conduct an area search for the homicide weapon. In
- this case, it would have been highly impractical to train local
- police department members on how to use mine sweepers properly.
- In such cases, however, service members operating or
- 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
- higher approval. In addition, the military may require
- reimbursement for certain services. (11)
-
- 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
- is 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
- should contact the Provost Marshal. Those agencies near Air
- Force bases should contact the Chief of Security Police, while
- requests for assistance from area naval bases should be directed
- 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,
- hundreds of requests for assistance from civilian law
- enforcement are successfully supported by the U.S. military. As
- stated previously, routine requests can be approved locally, and
- civilian law enforcement administrators should contact their
- military counterparts about available support. The U.S.
- military stands ready to provide civilian law enforcement with
- whatever assistance it can, in accordance with the complex
- stipulations of Posse Comitatus. In many cases, all an agency
- has to do is ask.
-
-
- FOOTNOTES
-
- (1) The Posse Comitatus Act provides: "...whoever, except
- in 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).
-