CRIME TECHNOLOGY: Department of Defense Assistance to State and Local Law Enforcement Agencies

Abstract

Under long-standing law, the so-called Posse Comitatus Act of 1878 (18 U.S.C. 1385) prohibits the use of the Departments of the Army or the Air Force to enforce the nation's civilian laws except where specifically authorized by the Constitution or Congress. While the language of section 1385 lists only the Army and the Air Force, DOD has made the provisions of section 1385 applicable to the Department of the Navy and the U.S. Marine Corps through a DOD directive (DOD Directive 5525.5, Jan. 15, 1986). Congress has enacted various pieces of legislation authorizing a military role in supporting civilian law enforcement agencies. For example, in the Department of Defense Authorization Act for Fiscal Ye& 1982 (P.L. 97-86), Congress authorizes the Secretary of Defense to provide certain assistance-type activities for civilian law enforcement activities. This legislation also provided, however, that such U.S. military assistance does not include or permit participation in a search, seizure, arrest, or other similar activity, unless participation in such activity is otherwise authorized by law.

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Document Details

Document Type
Technical Report
Publication Date
Oct 01, 1999
Accession Number
ADA370853

Entities

Organizations

  • United States Government Accountability Office

Tags

Communities of Interest

  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Communication Equipment
  • Crime
  • Criminal Investigations
  • Criminals
  • Department Of Defense
  • Forensic Analysis
  • Information Systems
  • Law
  • Law Enforcement
  • Military Personnel
  • Military Police
  • National Security
  • Personnel Management
  • Police
  • Processing Equipment
  • Surveillance
  • United States

Readers

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