(1) AR 190-30.
Paragraph 4-8a states: "MPI have authority to make
apprehensions in accordance with Article 7, UCMJ... They may obtain personnel for
identification and remand custody of persons to appropriate civil or military
authorities as necessary."
(2) AR 190-22.
Paragraph 2-3(c) defines a person authorized to apprehend
to include "all commissioned, warrant, and noncommissioned officers and, in the
execution of their guard or police duties, military police and persons designated
by proper authority to perform guard or police duties."
(3) AR 190-56. Paragraph 5-2(a) states: "Federally employed Army civilian
police and security guards, performing law enforcement and security duties
authorized by the installation commander, may apprehend any person found on the
installation for offenses committed on post that are felonies, breaches of the
peace, or otherwise a threat to property or welfare."
RCM 302 applies to "military law enforcement officials," a term which
encompasses personnel "whether subject to the code or not."
It thus includes DA
civilian guards/security personnel.
d. The apprehension of civilians.
(1) General.
The
installation
commander
is
responsible
for
the
"maintenance of law and order at the installation."
Based on this, the Judge
Advocate General of the Army has concluded that "when a military policeman, acting
as the agent of the installation commander, restrains or apprehends a civilian for
an on-post offense, the military policeman is acting in an official capacity."
(DAJA-AL 1979/2975.) It has similarly been determined that:
"DA civilian law enforcement personnel and guards, when authorized by the
local commander, can apprehend and detain DOD civilian employees and non-
DOD civilians when on post and for offenses committed on post under the
general authority of the installation commander to maintain law and order
on the installation...The authority of contractor personnel to apprehend
or detain individuals can be ascertained only by examining the contract
under which such personnel are performing." (DAJA-AL 1979/3255.)
(2) Regulations.
Again, there are various regulations that deal with the
authority of our law enforcement personnel to apprehend civilians who commit crimes
on post.
(a) AR 190-30. Paragraph 4-8a covers MPI agents: "Civilians committing
offenses on U.S. Army installations may be detained, until they can be released to
the appropriate federal, state, or local law enforcement agency."
(b) AR 190-22.
Paragraph 2-3(c) does not limit the power to apprehend
to only military subjects.
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