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DOD/DON Statutory Powers of Arrest?

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  • #16
    Originally posted by dod299 View Post
    Former DON, CNRNW NBK Bremerton.
    I’m waiting for my urine test appointment. These people are taking their freaking time!!!!!

    Comment


    • #17
      While I dont work for the Police, I know the situation is improving, theres now special pay for some as well as, 25% retention bonuses at the onboard and 1 yr mark and GS-6 promotion. There was a time when they were hiring police at GS-3....

      Comment


      • #18
        Originally posted by NCG128 View Post
        Did this ever get worked out? I heard that there was a push for this. Anyone have any current Intel on this? I was told that DOD/DON officers have statutory powers of arrest?
        The DON's that I worked with @ SB, had "NO" statutory powers to arrest. In fact, they were reminded by the instructors at fletc that they couldn't either. The few that could, only had that authority on proprietary DoD facilities/base. There were no difference in apprehension capabilities between them and the enlisted Navy MA's. both could detain civilians and apprehend military members, but that was it. I mean the position is just a security guard with a civilian police title.

        also someone who supposedly works for the LAAF base posted here couple months back that the they could assist with LAPD or El Segundo police calls....Lol fck NO he can't, the best he could do is get in on their radio channel, thats it.
        Last edited by Calitown; 05-05-2018, 08:04 PM.

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      • #19
        Originally posted by Calitown View Post

        The DON's that I worked with @ SB, had "NO" statutory powers to arrest. In fact, they were reminded by the instructors at fletc that they couldn't either. The few that could, only had that authority on proprietary DoD facilities/base. There were no difference in apprehension capabilities between them and the enlisted Navy MA's. both could detain civilians and apprehend military members, but that was it. I mean the position is just a security guard with a civilian police title.

        also someone who supposedly works for the LAAF base posted here couple months back that the they could assist with LAPD or El Segundo police calls....Lol fck NO he can't, the best he could do is get in on their radio channel, thats it.
        Even under proprietary jurisdiction, they do not have statutory authority.
        I don't answer recruitment messages....

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        • #20
          Originally posted by orlandofed5-0 View Post

          Even under proprietary jurisdiction, they do not have statutory authority.
          UCMJ statue, but never under county or state statutory, which a few DoD civilian cops think they fall under or deserve.

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          • Rome-bstwdod
            Rome-bstwdod commented
            Editing a comment
            10usc2672 check it out

        • #21
          Originally posted by Calitown View Post

          The DON's that I worked with @ SB, had "NO" statutory powers to arrest. In fact, they were reminded by the instructors at fletc that they couldn't either. The few that could, only had that authority on proprietary DoD facilities/base. There were no difference in apprehension capabilities between them and the enlisted Navy MA's. both could detain civilians and apprehend military members, but that was it. I mean the position is just a security guard with a civilian police title.

          also someone who supposedly works for the LAAF base posted here couple months back that the they could assist with LAPD or El Segundo police calls....Lol fck NO he can't, the best he could do is get in on their radio channel, thats it.
          That's not entirely accurate. LA AFB PD have an MOU that allows for them to assist locals, and enforce laws both on and off base. They send their officers to UPTP and get them 832 PC certified when they get back from the academy. Unless something has changed, they have assist locals on calls and still do even if its seldom.
          Last edited by DoD88; 11-08-2018, 01:43 PM.

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        • #22
          Curious about this. Our city had a big Navy housing complex in it, several miles from the nearest bases. There was a base police office in there, and they used to run calls with us under a MOA. They had a Virginia Dept of Forensic Science breath alcohol station there, which we used. They used to make arrests and take subjects to the closest magistrate. It was a great setup. I had to assist them once where they stopped a Navy O-5 speeding, and he wouldn't sign the summons. We assisted in hauling the guy out of his car under arrest. Guy refused to believe base police could touch him.

          I was supervisor in a precinct that had a large housing area next to and on a local base. Used to be base police would handle a lot of the calls, and we would assist. The housing areas used to be un by the Navy, but then they contracted it out. About that time base police was pulled behind the gates. We would get a 911 call from inside the base, and get stopped at the gate. A very effective community policing model in place, since the fallback was, in addition to civil charges, a call to the Command master Chief and the XO. Those alone were enough to ensure order. Pull the base police, and the place became another section 8 project. It was never resolved when I retired in 2014.

          Wasn't the officers or their supervisors fault. Even on base, no arrests. Hook him and take 'em back to their command. I hope things have changed.
          Last edited by phillyrube; 05-21-2018, 09:22 PM.

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          • #23
            We did a lot of catch and release in the Dept of the Army. A few went to the local detention center, but most got cited and released.
            USAF VETERAN 2004-2012
            "The sheep pretend the wolf will never come, but the sheepdog lives for that day."-LTC Grossman
            DA Public Safety Dispatcher, APG MD

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            • #24
              We do have powers of arrest. 10 usc 2672 2016


              2672. Protection of buildings, grounds, prop- erty, and persons
              (a) SECRETARY OF DEFENSE RESPONSIBILITY.— The Secretary of Defense shall protect the build- ings, grounds, and property that are under the jurisdiction, custody, or control of the Depart- ment of Defense and the persons on that prop- erty.
              (b) DESIGNATION OF OFFICERS AND AGENTS.—(1) The Secretary of Defense may designate mili- tary or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and
              agents, duty in areas outside the property speci- fied in that subsection to the extent necessary to protect that property and persons on that property.
              (2) A designation under paragraph (1) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate.
              (3) In making a designation under paragraph (1) with respect to any category of personnel, the Secretary shall specify each of the follow- ing:
              (A) The personnel or positions to be included in the category.
              (B) The authorities provided for in sub- section (c) that may be exercised by personnel in that category.
              (C) In the case of civilian personnel in that category—
              (i) the authorities provided for in sub- section (c), if any, that are authorized to be exercised outside the property specified in subsection (a); and
              (ii) with respect to the exercise of any such authorities outside the property speci- fied in subsection (a), the circumstances under which coordination with law enforce- ment officials outside of the Department of Defense should be sought in advance.
              (4) The Secretary may make a designation under paragraph (1) only if the Secretary deter- mines, with respect to the category of personnel to be covered by that designation, that—
              (A) the exercise of each specific authority provided for in subsection (c) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authori- ties; and
              (B) the necessary and proper training for the authorities to be exercised is available to the personnel in that category.
              (c) AUTHORIZED ACTIVITIES.—Subject to sub- section (i) and to the extent specifically author- ized by the Secretary of Defense, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under subsection (b) may—
              (1) enforce Federal laws and regulations for the protection of persons and property;
              (2) carry firearms; (3) make arrests—
              (A) without a warrant for any offense against the United States committed in the presence of the officer or agent; or
              (B) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
              (4) serve warrants and subpoenas issued under the authority of the United States; and (5) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the De- partment of Defense or persons on such prop-
              erty.
              (d) REGULATIONS.—(1) The Secretary of De- fense may prescribe regulations, including traf-

              Comment


              • #25
                Do you work for the Secretary of Defense or a branch service?
                I don't answer recruitment messages....

                Comment


              • #26
                We do not have powers of arrest. We can apprehend military members, and only detain civilians.

                Comment


              • #27
                Originally posted by Rome-bstwdod View Post
                We do have powers of arrest. 10 usc 2672 2016


                2672. Protection of buildings, grounds, prop- erty, and persons
                (a) SECRETARY OF DEFENSE RESPONSIBILITY.— The Secretary of Defense shall protect the build- ings, grounds, and property that are under the jurisdiction, custody, or control of the Depart- ment of Defense and the persons on that prop- erty.
                (b) DESIGNATION OF OFFICERS AND AGENTS.—(1) The Secretary of Defense may designate mili- tary or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and
                agents, duty in areas outside the property speci- fied in that subsection to the extent necessary to protect that property and persons on that property.
                (2) A designation under paragraph (1) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate.
                (3) In making a designation under paragraph (1) with respect to any category of personnel, the Secretary shall specify each of the follow- ing:
                (A) The personnel or positions to be included in the category.
                (B) The authorities provided for in sub- section (c) that may be exercised by personnel in that category.
                (C) In the case of civilian personnel in that category—
                (i) the authorities provided for in sub- section (c), if any, that are authorized to be exercised outside the property specified in subsection (a); and
                (ii) with respect to the exercise of any such authorities outside the property speci- fied in subsection (a), the circumstances under which coordination with law enforce- ment officials outside of the Department of Defense should be sought in advance.
                (4) The Secretary may make a designation under paragraph (1) only if the Secretary deter- mines, with respect to the category of personnel to be covered by that designation, that—
                (A) the exercise of each specific authority provided for in subsection (c) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authori- ties; and
                (B) the necessary and proper training for the authorities to be exercised is available to the personnel in that category.
                (c) AUTHORIZED ACTIVITIES.—Subject to sub- section (i) and to the extent specifically author- ized by the Secretary of Defense, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under subsection (b) may—
                (1) enforce Federal laws and regulations for the protection of persons and property;
                (2) carry firearms; (3) make arrests—
                (A) without a warrant for any offense against the United States committed in the presence of the officer or agent; or
                (B) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
                (4) serve warrants and subpoenas issued under the authority of the United States; and (5) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the De- partment of Defense or persons on such prop-
                erty.
                (d) REGULATIONS.—(1) The Secretary of De- fense may prescribe regulations, including traf-
                Interesting. It does appear DoD LE may get statutory arrest authority. However, I noted the part below in the link you provided. I could be wrong, but it appears the military branch would have to request that their law enforcement be granted the authority. Good luck if that's the case.

                "d. The SecDef will grant law enforcement powers specified in Section 2672(c) to officers
                and agents only upon the request of, and justification by, the responsible DoD Component head
                and approval by SecDef."

                Comment


                • #28
                  Originally posted by DoD88 View Post

                  Interesting. It does appear DoD LE may get statutory arrest authority. However, I noted the part below in the link you provided. I could be wrong, but it appears the military branch would have to request that their law enforcement be granted the authority. Good luck if that's the case.

                  "d. The SecDef will grant law enforcement powers specified in Section 2672(c) to officers
                  and agents only upon the request of, and justification by, the responsible DoD Component head
                  and approval by SecDef."
                  Technically speaking Department of the Air Force, Army and Navy police (include USMC) would still need to be granted that authority via their own Secretary.
                  I don't answer recruitment messages....

                  Comment


                  • #29
                    Very interesting. I know of a few installations that maintain an MOU with the local PD/Sheriff that authorizes the DoD police to exercise their authority off installation within predefined boundaries, my previous installation being one of them. Maybe this might be a more common thing at larger installations that have a large population and engage in more LE type activities as opposed to most installations which perform more in guard/force protection capacity. Either way, I hope this spreads far and wide, and even more so, I hope the whole 6c coverage thing eventually becomes a reality.

                    Comment

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