General

(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

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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