New Laws and Insights Encircle the Posse Comitatus Act

reportActive / Technical Report | Accession Number: ADA130226 | Open PDF

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.

Author(s):
Rice, Paul Jackson
Author Organization(s):
ARMY WAR COLL CARLISLE BARRACKS PA
Descriptive Note:
Study project
Pagination:
0066

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution:
Approved For Public Release
Distribution Statement:
Approved For Public Release; Distribution Is Unlimited.

RECORD

Collection: TR
Identifying Numbers
Monitor Series:
USAWC
 Subject Terms
Joint Capability Areas:
JCA_3_Force Application; JCA_3.1_Maneuver; JCA_3.1.1_Maneuver to Engage; JCA_4.7.2_Installation Services; JCA_4.7_Base and Installations Support; JCA_1_Force Support; JCA_8.2_Shape; JCA_8_Building Partnerships; JCA_1.2_Force Preparation; JCA_8.2.4_Leverage Capacities and Capabilities of Security Establishments; JCA_6.4.1_Secure Information Exchange; JCA_5_Command and Control; JCA_1.2.1_Training; JCA_6_Net Centric; JCA_6.4_Information Assurance; JCA_4.3_Maintain; JCA_3.2_Engagement; JCA_3.2.1_Kinetic Means; JCA_5.3_Planning; JCA_5.4_Decide; JCA_4.1_Deployment and Distribution
Communities of Interest:
Human Systems
Descriptor(s):
*CIVILIAN PERSONNEL, *LAW ENFORCEMENT, *LAW ENFORCEMENT OFFICERS, *LEGISLATION, *MILITARY ASSISTANCE, ADVISORY ACTIVITIES, COOPERATION, CRIMINAL INVESTIGATIONS, EMERGENCIES, HUMAN RELATIONS, INFORMATION TRANSFER, INTERFACES, MILITARY EQUIPMENT, MILITARY FACILITIES, MILITARY PERSONNEL, PATROLLING, POLICE, REGULATIONS, TRAINING
Field(s)/Group(s):
Sociology and Law
Keyword(s):
POSSE COMITATUS ACT
Report Date:
1983 May 26