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  • CID arrest authority

    I've seen a lot of discussion on this forum about MP/DOD police arrest authority and how we don't have any. Does anyone on here know what authority an Army CID agent has? I've heard it's the same as any 1811 federal position, but never actually read anything about it. Also, when I get back stateside I'm wanting to join a reserve unit at the local PD, because I was a reserve officer prior to the military and I think it would be good to keep doing that, but I've heard it's against Army regulation. Does anyone know where I can find this info to see if it's correct?

  • #2
    USA CID Arrest Authority

    Civilian Army CID Agents (1811's) do have statutory powers of arrest. Military CID Agents don't.
    Politically Correct? No.

    Truthful? Yes!

    Comment


    • #3
      USA CID Arrest Authority

      Not true. CID civilian agents do have statutory arrest authority as identified below:

      Chapter 373, Title 10, United States Code Section 4027 grants this authority.

      Comment


      • #4
        Civilian SA's only!

        .................................................. .................................................. ..

        http://www.oscn.net/applications/osc...?CiteID=407952

        United States Code
        Title 10 Armed Forces; and Appendix
        PART II - PERSONNEL
        CHAPTER 373 - CIVILIAN EMPLOYEES
        Section 4027 - Civilian special agents of the Criminal Investigation Command: authority to execute warrants and make arrests
        Cite as: 10 U.S.C. 4027 (OSCN 2007), CHAPTER 373 - CIVILIAN EMPLOYEES

        (a) Authority. - The Secretary of the Army may authorize any Department of the Army civilian employee described in subsection (b) to have the same authority to execute and serve warrants and other processes issued under the authority of the United States and to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.

        (b) Agents To Have Authority. - Subsection (a) applies to any employee of the Department of the Army who is a special agent of the Army Criminal Investigation Command (or a successor to that command) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Army.

        (c) Guidelines for Exercise of Authority. - The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Secretary of the Army and approved by the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Army, the Secretary of Defense, or the Attorney General.
        Politically Correct? No.

        Truthful? Yes!

        Comment


        • #5
          Originally posted by retiredmilitary
          Not true. CID civilian agents do have statutory arrest authority as identified below:

          Chapter 373, Title 10, United States Code Section 4027 grants this authority.

          Wasn't that what I said?

          MILITARY CID SA's don't, and they are not covered under the law you cited.
          Politically Correct? No.

          Truthful? Yes!

          Comment


          • #6
            If military CID SA's don't, then what authority do they have? I have participated in a joint raid with CID before where we had to wait for the Judge to issue the warrant, so I know they can execute warrants. The CID agents I have talked to told me they have the same credentials as any other 1811 position, but I've heard different stories so just trying to be sure.

            Comment


            • #7
              Military Agent Authority

              I've had the same experience with NCIS military agents and Marine CID. They do and can routinely PARTICIPATE in search warrants and arrests, even off base. They just can't be the lead arresting officer or agent making the actual arrest.

              And, of course, they have the same UCMJ authority to 'apprehend' persons subject to the UCMJ as any other E-4 and above, and posted sentry on duty.

              And yes, military CID agents' creds and badges are identical to their civilian 1811 counterparts.

              Of course, both military and civilian agents can execute command "search authorizations," the military 'equivalent' of a civilian search warrant.
              Last edited by Woofdog; 04-19-2007, 03:09 PM.
              Politically Correct? No.

              Truthful? Yes!

              Comment


              • #8
                Military CID Agents can detain civilians on military property, not arrest, and investigate and prosecute them in any jurisdiction as long as an Army interest applies. CID Agents are permitted by Army and Federal regulations to obtain warrants, subpoenas, etc., and conduct investigations off-post. MP's (not assigned to DST or AWOL apprehension), mostly stay on post as their power is often limited by the Provost Marshal.

                Comment

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