(c) AR 190-56.
Paragraph 5-2(s) defines the power to apprehend as
covering "any person found on the installation." Again, it is not limited to only
Remember, this regulation covers federally employed civilian
police and security guards performing law enforcement and security duties
authorized by the installation commander. Also, keep in mind that the authority of
civilian contractor personnel is generally covered by "the terms of the particular
contract under which they are operating."
Military law enforcement authorities have no general authority to apprehend a
civilian off post, in the absence of an applicable state law. AR 190-30, paragraph
4-2a, states: "in Conus, incidents occurring off post normally are investigated by
civil law enforcement agencies." As we shall see later, the military may, however,
investigate a crime off post so long as there is a "direct" military interest in it
(CIDR 195-1, paragraph 2-2c). In other words, the investigation must "satisfy ARMY
investigative needs in a criminal matter of ARMY interest." Such actions are not
in violation Posse Comitatus Act (AR 195-2, Paragraph 3-1b).
The authority to
investigate does not confer a general authority to apprehend civilians off-post.
CIDR 195-1, paragraph 3-3(b), notes that CID special agents "may seek and
execute federal search warrants" under Federal Rule of Criminal Procedure 41.
There must, of course, be "probable cause to believe that the search will result in
the seizure of evidence of a crime that is within the investigative jurisdiction of
the Army." This is authority by 28 Code of Federal Regulations (CFR) 60, but they
"must first coordinate with the local supporting SJA officer and obtain the
concurrence of the appropriate U.S.
Attorney before seeking the warrant...off of
investigators serving or executing search warrants off military installations
pursuant to this authorization shall ensure that they are accompanied and assisted
by a law enforcement officer having statutory authority to make an arrest in the
event that such action becomes necessary" (paragraph 3-3d).
AR 190-22, paragraph 2-1(b), states: "Searches conducted off military
installations or in areas or buildings not under military control normally must be
warrant...military personnel, when directed by competent authority, may accompany
civilian police in the execution of a search warrant. Overseas, off-post actions
are appropriate "if such action has been consented to by host country authorities."
DOES THE MILITARY RECOGNIZE "CITIZEN ARREST" AUTHORITY?
AR 600-40, PARAGRAPH 3(a), STATES THAT "ALL MEMBERS OF THE ARMED
FORCES, ACTING IN A PRIVATE CAPACITY, HAVE THE ORDINARY RIGHT OF CITIZENS
TO ARREST IN THE MAINTENANCE OF PEACE, INCLUDING THE RIGHT TO APPREHEND
SUSPECTED OFFENDERS. THIS RIGHT TO MAKE A 'CITIZEN'S ARREST' IS GOVERNED
BY THE SUBSTANTIVE LAW APPLYING AT THE PARTICULAR LOCALITY, HOWEVER, AND
CARE SHOULD BE EXERCISED TO AVOID EXCEEDING THE CITIZEN'S ARREST'
AUTHORIZATION GRANTED BY THE LAW OF THAT LOCALITY."