New Laws and Insights Encircle the Posse Comitatus Act

Abstract

In 1981, Congress passed an act entilted, Military Cooperation with Civilian Law Enforcement Officials. Through this new law (10 U.S.C.A. Sections 371-378), Congress attempted to clarify and modify the Posse Comitatus Act (10 U.S.C. Section 1385). It clarified the law in the areas of providing criminal information; providing military equipment and facilities; providing military personnel to train civilian law enforcement personnel; and providing expert military advisors. Congress modified the Posse Comitatus Act so that military personnel may operate military equipment in assisting civilian law enforcement personnel. This assistance is quite limited. Under implementing DOD guidance the Navy and Marine Corps may exercise aggressive assistance to civilian law enforcement officials. Certain issues, such as the military undercover agent and the joint military-civilian patrol, were not affected by the 1981 legislation. They remain sensitive areas in the day to day interface between military and civilian police. Reimbursement to DOD for services provided remains a key issue in implementing the 1981 act.

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Document Details

Document Type
Technical Report
Publication Date
May 26, 1983
Accession Number
ADA130226

Entities

People

  • Paul Jackson Rice

Organizations

  • United States Army War College

Tags

Communities of Interest

  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Aircrafts
  • Army Personnel
  • Civilian Personnel
  • Congress
  • Court Martial
  • Drug Trafficking
  • Employment
  • Federal Law
  • Law
  • Law Enforcement
  • Law Enforcement Officers
  • Military Personnel
  • Military Police
  • National Guard
  • Personnel Management
  • Research Facilities
  • War Colleges

Readers

  • Government and Public Administration Law.
  • Personnel Management and Statistics in the Military and Department of Defense