MILITARY SUPPORT TO CIVILIAN LAW ENFORCEMENT AGENCIES By R. Barry Cronin Major U.S. Marine Corps Headquarters Washington, D.C. If a cross-section of police chiefs were polled concerning their understanding of the Posse Comitatus Act, most would likely answer that the act prohibits U.S. military personnel from performing civilian law enforcement functions. (1) However, to assume that Posse Comitatus prevents law enforcement agencies from obtaining any military support would be a mistake. In fact, several exceptions to the general prohibition exist, and civilian police organizations should not be reluctant to seek the military's help in certain circumstances. This article provides an overview of the type of military support available to civilian law enforcement agencies. It then describes briefly the procedures for requesting military assistance, depending on the type and amount of support desired. PERMISSIBLE DIRECT ASSISTANCE As a general rule, the Posse Comitatus Act restricts direct use of military personnel in civilian law enforcement operations. Direct assistance is defined as: 1) A search or seizure; 2) an arrest, apprehension, stop and frisk, or similar activity; or 3) the use of military personnel for surveillance or pursuit of individuals, or as undercover agents, informants, investigators, or interrogators. (2) Despite these restrictions, it is military policy to try to cooperate with civilian law enforcement officials to the maximum extent possible, depending upon national security and military preparedness, the tradition of limiting direct military involvement in civilian law enforcement activities, and the requirements of applicable law. (3) Even so, direct assistance is permissible when it is with the "...primary purpose of furthering a military or foreign affairs function of the United States, regardless of incidental benefits to civilian authorities." (4) The key is that direct assistance must support military interests. Police chiefs, especially those with jurisdictions near major military installations, should be aware of this important exception and of the various forms of military assistance available locally. TYPES OF AVAILABLE ASSISTANCE Military Working Dog Teams The most widely requested form of military assistance is the military working dog (MWD) teams, which are located at almost every major Department of Defense (DoD) installation in the United States. (5) Normally, military bases have both explosive and drug detector dog teams available for use by civilian law enforcement with the understanding that military commitments will usually take precedence over civilian requests. (6) Training Every year, scores of civilian police agencies take advantage of firing ranges, combat towns, and other military training facilities. Depending on the size of the military installation, these facilities can vary from a standard, small arms requalification range to a full-scale combat town where police tactical units can practice in a realistic, urban setting. There are also demolitions ranges, as well as training areas where teams can conduct a variety of outside exercises. Additionally, office spaces and buildings may be used for traditional classroom training. And, if available, military instructors may also be used to train civilian law enforcement personnel. (7) Expert Advice/Technical Assistance The military is authorized to provide expert advice to civilian law enforcement agencies. (8) There is no restriction on this kind of support so long as military personnel do not participate directly in civilian law enforcement activities. Equipment and Personnel Military equipment can be loaned to civilian law enforcement agencies on a temporary basis to support on-going operations and training. Approval for these requests is handled on a case-by-case basis. (9) In addition, personnel may also be requested in situations where it would be impractical from a cost or time perspective to train civilian personnel to operate and/or to maintain equipment. (10) For example, recently, a local police department requested assistance from a nearby Marine Corps base concerning a homicide case. Eleven Marines, using mine sweepers, were assigned to help the local police department conduct an area search for the homicide weapon. In this case, it would have been highly impractical to train local police department members on how to use mine sweepers properly. In such cases, however, service members operating or maintaining equipment should not be placed in positions where violations of the Posse Comitatus Act might occur. Emergency Situations In an emergency, civilian law enforcement authorities cannot waste time tracking down helicopters, dive teams, or explosive ordnance disposal (EOD) technicians. Fortunately, the military possesses a variety of capabilities to which a civilian law enforcement department may not have access. In fact, military search and rescue helicopters and military divers frequently aid civilian law enforcement in searches for boats and missing persons on oceans, lakes, or rivers. In addition, military EOD technicians regularly assist civilian law enforcement officials in ordnance recovery and disposal operations. HOW TO REQUEST ASSISTANCE There are various regulations regarding military support to civilian law enforcement agencies, and the level at which DoD approval is granted varies according to the amount and duration of the support desired. For example, in many cases, the base commanders can approve requests, while other requests must have higher approval. In addition, the military may require reimbursement for certain services. (11) However, civilian law enforcement officials need not be completely familiar with all of these regulations. The senior military law enforcement official stationed at each installation is the point of contact for these services and can provide all the necessary information regarding any rules or regulations. Law enforcement agencies near Army or Marine Corps installations should contact the Provost Marshal. Those agencies near Air Force bases should contact the Chief of Security Police, while requests for assistance from area naval bases should be directed to the Security Officer. CONCLUSION This article has briefly described a few of the exceptions to the Posse Comitatus Act with regard to civilian law enforcement requesting military assistance. Every year, hundreds of requests for assistance from civilian law enforcement are successfully supported by the U.S. military. As stated previously, routine requests can be approved locally, and civilian law enforcement administrators should contact their military counterparts about available support. The U.S. military stands ready to provide civilian law enforcement with whatever assistance it can, in accordance with the complex stipulations of Posse Comitatus. In many cases, all an agency has to do is ask. FOOTNOTES (1) The Posse Comitatus Act provides: "...whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years or both." 18 USCA sec. 1385 (1984). (2) SECNAVINST 5820.7B (paragraph 9.a.(3)) March 28, 1988. (3) Ibid., paragraph 6.a. (4) Ibid., paragraph 9.a. (2). (5) 10 USCA sec. 374(b)(2) (1989). (6) Capt. James L. Setzer, "Bomb Dog Teams," FBI Law Enforcement Bulletin, July 1990, pp. 12-13. (7) 10 USCA sec. 373 (1989). (8) 10 USCA sec. 371-380 (1989). (9) Supra note 5. (10) 10 USCA sec. 372 (1989). (11) 10 USCA sec. 377 (1989).