Humanitarian exceptions

and crew to assist in the search for the prisoner. Wrynn v. U.S., 200 F. Supp 457

(ED NY, 1961). Such "active" assistance would be improper, and would violate the

Posse Comitatus prohibition.

In U.S. v. Red Feather, 392 F. Sup. 916 (D.

SD,

1975), the court held that "active assistance included search and seizure,

investigation, pursuit of a prisoner, etc." "Passive" assistance, on the other

hand, would include advice or recommendations, the delivery of equipment or

supplies, and training in the use and care thereof.

(5) Air and sea traffic monitoring. 10 USC Section 374 allows the military

to assign its personnel "to operate and maintain, or assist in operating and

maintaining" equipment furnished under Section 372 for the purpose of "monitoring

and communicating the movement of air and sea traffic." This is aimed at such

things as drug traffic and violations of the immigration laws.

It "does not

include or permit direct participation by a member of the Army, Navy, Air Force, or

Marine Corps in an interdiction of a vessel or aircraft, a search or seizure,

arrest, or other similar activity." (10 USC Section 375.)

h. Joint patrols.

AR 190-24, paragraph 3-3(b), states that the presence of

the military police officer in this situation is "for the sole purpose of enforcing

the UCMJ among persons subject to the Code." This does not confer any general

authority over the civilian police or the civilian population.

The purposes of

this program include reducing the incidence of off-installation military offenses

committed by armed forces personnel, and to "enforce the UCMJ and other pertinent

regulations, directives, and orders among persons subject to the UCMJ" (paragraph

3-1).

(1) Humanitarian exceptions.

There are various situations in which

military assistance can be provided to the civil authorities. Disaster relief is

mainly the responsibility of the local government, and not the military (DA Pam 27-

21, paragraph 13-3b).

A similar provision is in AR 500-60, paragraph 2-1(a).

Military assistance, however, may be provided when "the situation is so severe and

so widespread that effective response is beyond the capacity of the state and local

governments (including the National Guard)." (AR 500-60, paragraph 2-b.) This

generally mandates coordination with higher authority, but "when a serious

emergency or disaster is so imminent that waiting for instructions from higher

authority would preclude effective response, a military commander may do what is

required and justified to save human life, prevent immediate human suffering, or

lessen major property damage or destruction." Military commanders "have authority

to approve direct requests from civil authorities for emergency assistance to save

human lives, lessen immediate human suffering, or prevent great destruction or

damage." In other situations, requests are to be forwarded to HQDA.

(AR 500-60,

paragraph 2-17(a) and (c).)

Another example of this is search and rescue operations, which involve

"a moral and humanitarian obligation to aid nonmilitary persons and property in

distress." (DA Pam 27-21, paragraph 3-17a.) Army resources will be made available

in support of the MAST program (Military Assistance to Safety and Traffic Program).

This is provided for in AR 500-4, paragraph 4.

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