Clark wrote:
|| Colin Campbell (remove underscore)
|| wrote in :
||
||| On 17 Jan 2004 00:49:33 GMT, Clark stillnospam@me wrote:
|||
|||
|||| I suggest you check into that further. "Arrest" may be a precise
|||| legal term but field application of "arrest" may not be. If anyone
|||| is "held" (prevented from moving at their disgression) then it can
|||| be succussfully argued that they have been arrested. The question
|||| to ask is "Am I free to leave or am I being detained?" If the
|||| answer is detained then you have been "arrested" and are due the
|||| protections of that status.
|||
||| Wrong. Using this rule - anybody has the authority to 'arrest.'
||| This is why there is such a clear legal distinction between the
||| authority to 'arrest' and the authority to 'detain.'
|||
|||
|| You are mistaken. Read the case law and look up the source of
|| authority to arrest including citizens arrest. Anyone does have the
|| authority to arrest.
But, the power afforded is different for the respective parties - parties
being civilian or security officer, police - there are limitations. Ever
hear the term, "full police power or authority"? I read someplace (forget
where) that a "detainment becomes an arrest when the arresting individual
performs any act that indicates an intention to take the person into custody
and subjects the person arrested to the actual control and will of the
person making the arrest. The specific determination is highly fact based."
Perhaps the distinction would be on how it is clarified in definition in
each State? But, the military is still bound by the Comitatus Act and US
Code in regards to levels of power afforded. They don't actually 'arrest'
but hold until the appropriate agency with the appropriate level of power
can do the actual arrest. Well, that's my input, however accurate or
inaccurate it may be, and take on the issue of whether or not the military
can arrest civilians. It's a matter of definition of the word 'arrest' and
the limitations, and the powers of arrest afforded.
As far as military jurisdiction, as in arrest, over civilians:
"All members of the military have the ordinary right of private citizens to
assist in maintenance of the peace. This includes the right to apprehend
offenders. Citizen's arrest power is defined by local law. In exercising
this power, care should be taken not to exceed the right granted by law.
Service members also must be familiar with the limits imposed upon military
personnel by the Posse Comitatus Act."
http://www.adtdl.army.mil/cgi-bin/at...19-10/Ch10.htm
"Limit on use of military for civilian law enforcement also applies to Navy
by regulation. Dec '81 additional laws were enacted (codified 10 USC 371-78)
clarifying permissible military assistance to civilian law enforcement
agencies--including the Coast Guard--especially in combating drug smuggling
into the United States. Posse Comitatus clarifications emphasize supportive
and technical assistance (e.g., use of facilities, vessels, aircraft,
intelligence, tech aid, surveillance, etc.) while generally prohibiting
direct participation of DoD personnel in law enforcement (e.g., search,
seizure, and arrests)."
http://www.uscg.mil/hq/g-cp/comrel/f...Comitatus.html
Furthermore, Title 10, Chapter 18, Section 375: "The Secretary of Defense
shall prescribe such regulations as may be necessary to ensure that any
activity (including the provision of any equipment or facility or the
assignment or detail of any personnel) under this chapter does not include
or permit direct participation by a member of the Army, Navy, Air Force, or
Marine Corps in a search, seizure, arrest, or other similar activity unless
participation in such activity by such member is otherwise authorized by
law." Section 378 "The Secretary of Defense shall prescribe such
regulations as may be necessary to ensure that any activity (including the
provision of any equipment or facility or the assignment or detail of any
personnel) under this chapter does not include or permit direct
participation by a member of the Army, Navy, Air Force, or Marine Corps in a
search, seizure, arrest, or other similar activity unless participation in
such activity by such member is otherwise authorized by law."
http://www4.law.cornell.edu/uscode/10/stApIch18.html