Section 378 below is wrong, here is the correct entry for Section 378:
"Nothing in this chapter shall be construed to limit the authority of the
executive branch in the use of military personnel or equipment for civilian
law enforcement purposes beyond that provided by law before December 1,
1981"
~Nins~ wrote:
|| 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
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~Nins~
http://www.churchbulletin.com
In the forest be a clearing where trueness of color and truth dwell.
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