From: Colin Campbell (remove underscore)
Date: 1/16/2004 12:25 AM Central Standard Time
Message-id:

On Fri, 16 Jan 2004 04:17:39 GMT, "Steven P. McNicoll"
wrote:


"LawsonE" wrote in message
hlink.net...

Hmmmmm.... Can an American civilian ever be arrested by the military?


Yes, on a military installation.

Actually, no.

The military does not have arrest powers for any persons not under the
UCMJ.

What happens in real life is that - for minor offenses - the subject
is cited with a mandatory court appearance before a US Magistrate.
For serious offenses the subject is detained pending the arrival of
the US Marshals or FBI (who conduct the arrest).

(I spent a year pulling 'Military Police Duty Officer' 3-4x a month at
Ft Lewis not long ago and I got to be an expert on jurisdictional
issues.)



It's still a form of arrest. The miranda card I was issued had warnings for
apprehension of civilians on the reverse of the side for military. All noncoms,
warrants and officers have apprehension authority.

Technically arrest is not used since the UCMJ considers apprehention to be
physical restraint and arrest to be non physical as when an officer is place
under house arrest. He is not guarded.

Dan, U. S. Air Force, retired