Military Police Mutual Aid and the Posse Comitatus Act

Abstract

The Posse Comitatus Act was enacted in 1878 to prevent local sheriffs and U.S. Marshals from drafting military members into service as a posse, or by serving in other law enforcement functions, thereby taking them away from their military duties. While there are numerous historical vignettes of "regular" military forces used to conduct civilian law enforcement duties, there are relatively few incidences in which military police forces were used to conduct civilian law enforcement. This research will explore these incidences to determine what, if any, benefits or perils there are associated with using military police forces to assist civilian law enforcement in cases of mutual aid. Mutual Aid is a cornerstone of public safety through which neighboring towns and villages band together to deal with a catastrophe. The National Response Framework established under Presidential National Security Directive 5 calls for leveraging assets at the local level. Military Police are currently prohibited from responding outside of federal property in the capacity of law enforcement personnel in response to requests for mutual aid. Military Police are trained, certified, and capable of responding, but are prohibited by the PCA. The spirit of the Posse Comitatus act has morphed from protecting Soldiers so they could perform military duties, to handcuffing military law enforcement personnel from being able to provide local law enforcement assistance in a time of emergency. Military Police can be a great tool to enhance public safety and support local law enforcement, but that usage is not without concerns that must be mitigated. If Military Police are to serve as that additional tool, another exception to the PCA would be required to allow this aid to occur. Implementation of an exception must cover training, supervision, temporary nature, liability, jurisdiction, and local military command approval process.

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Document Details

Document Type
Technical Report
Publication Date
Jan 31, 2011
Accession Number
ADA553144

Entities

People

  • Dennis M. Zink

Organizations

  • United States Army War College

Tags

Communities of Interest

  • Human Systems

DTIC Thesaurus Topics

  • Air Force
  • Congress
  • Criminal Justice System
  • Department Of Homeland Security
  • Disasters
  • Emergency Response
  • Homeland Security
  • Law Enforcement
  • Law Enforcement Officers
  • Military History
  • Military Personnel
  • Military Police
  • Military Science
  • National Security
  • Personnel Management
  • Police
  • War Colleges

Readers

  • Government and Public Administration Law.
  • Military Mobilization and Reserve Forces Studies.
  • Political Violence and Terrorism Studies.