US code and Military Law, Confused please help out

[Floyd_jones]

Alright, I'm dead confused I blame it on the fact that they do no teach this kind of stuff to us at our academy, but when we write our federal tickets (1805's) we cite the USC... we'll today we cited for Failure to Obey a Police officer to a Civ.. with a 525 dollar fine... I know the UCMJ is pretty clear and concise (Article 91) but what is confusing me is the USC code, it says it's 40 USC 1315 in fact everything from broken tail lights to failure to obey a Peace officer is written down under 1315. Now I looked it up and the Law says:

40 U.S.C. § 1315 : US Code - Section 1315: Law enforcement authority of Secretary of Homeland Security for protection of public property

(a) In General. - To the extent provided for by transfers made
pursuant to the Homeland Security Act of 2002, the Secretary of
Homeland Security (in this section referred to as the "Secretary")
shall protect the buildings, grounds, and property that are owned,
occupied, or secured by the Federal Government (including any
agency, instrumentality, or wholly owned or mixed-ownership
corporation thereof) and the persons on the property.
(b) Officers and Agents. -
(1) Designation. - The Secretary may designate employees of the
Department of Homeland Security, including employees transferred
to the Department from the Office of the Federal Protective
Service of the General Services Administration pursuant to the
Homeland Security Act of 2002, as officers and agents for duty in
connection with the protection of property owned or occupied by
the Federal Government and persons on the property, including
duty in areas outside the property to the extent necessary to
protect the property and persons on the property.
(2) Powers. - While engaged in the performance of official
duties, an officer or agent designated under this subsection may -

(A) enforce Federal laws and regulations for the protection
of persons and property;
(B) carry firearms;
(C) make arrests without a warrant for any offense against
the United States committed in the presence of the officer or
agent or 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;
(D) serve warrants and subpoenas issued under the authority
of the United States;
(E) conduct investigations, on and off the property in
question, of offenses that may have been committed against
property owned or occupied by the Federal Government or persons
on the property; and
(F) carry out such other activities for the promotion of
homeland security as the Secretary may prescribe.
(c) Regulations. -
(1) In general. - The Secretary, in consultation with the
Administrator of General Services, may prescribe regulations
necessary for the protection and administration of property owned
or occupied by the Federal Government and persons on the
property. The regulations may include reasonable penalties,
within the limits prescribed in paragraph (2), for violations of
the regulations. The regulations shall be posted and remain
posted in a conspicuous place on the property.
(2) Penalties. - A person violating a regulation prescribed
under this subsection shall be fined under title 18, United
States Code, imprisoned for not more than 30 days, or both.
(d) Details. -
(1) Requests of agencies. - On the request of the head of a
Federal agency having charge or control of property owned or
occupied by the Federal Government, the Secretary may detail
officers and agents designated under this section for the
protection of the property and persons on the property.
(2) Applicability of regulations. - The Secretary may -
(A) extend to property referred to in paragraph (1) the
applicability of regulations prescribed under this section and
enforce the regulations as provided in this section; or
(B) utilize the authority and regulations of the requesting
agency if agreed to in writing by the agencies.
(3) Facilities and services of other agencies. - When the
Secretary determines it to be economical and in the public
interest, the Secretary may utilize the facilities and services
of Federal, State, and local law enforcement agencies, with the
consent of the agencies.
(e) Authority Outside Federal Property. - For the protection of
property owned or occupied by the Federal Government and persons on
the property, the Secretary may enter into agreements with Federal
agencies and with State and local governments to obtain authority
for officers and agents designated under this section to enforce
Federal laws and State and local laws concurrently with other
Federal law enforcement officers and with State and local law
enforcement officers.
(f) Secretary and Attorney General Approval. - The powers granted
to officers and agents designated under this section shall be
exercised in accordance with guidelines approved by the Secretary
and the Attorney General.
(g) Limitation on Statutory Construction. - Nothing in this
section shall be construed to -
(1) preclude or limit the authority of any Federal law
enforcement agency; or
(2) restrict the authority of the Administrator of General
Services to promulgate regulations affecting property under the
Administrator's custody and control.

My question is, when we (being military police) stop and cite for stuff, and write this code down on the ticket, is that correct? Am I missing something? It does not seem that way to me. If anyone would like to explain this to me it would be greatly appreciated!

[Floyd_jones]

Well to help out the cite that brought this whole thing up was Failure to obey a Peace officer, I looked at the actual cite ( I didn't write it) and it was under 18 USC Sec. 13 though it does not get any easier cause this code says:

Sec. 13. Laws of States adopted for areas within Federal
jurisdiction

(a) Whoever within or upon any of the places now existing or
hereafter reserved or acquired as provided in section 7 of this
title, or on, above, or below any portion of the territorial sea of
the United States not within the jurisdiction of any State,
Commonwealth, territory, possession, or district is guilty of any
act or omission which, although not made punishable by any
enactment of Congress, would be punishable if committed or omitted
within the jurisdiction of the State, Territory, Possession, or
District in which such place is situated, by the laws thereof in
force at the time of such act or omission, shall be guilty of a
like offense and subject to a like punishment.
(b)(1) Subject to paragraph (2) and for purposes of subsection
(a) of this section, that which may or shall be imposed through
judicial or administrative action under the law of a State,
territory, possession, or district, for a conviction for operating
a motor vehicle under the influence of a drug or alcohol, shall be
considered to be a punishment provided by that law. Any limitation
on the right or privilege to operate a motor vehicle imposed under
this subsection shall apply only to the special maritime and
territorial jurisdiction of the United States.
(2)(A) In addition to any term of imprisonment provided for
operating a motor vehicle under the influence of a drug or alcohol
imposed under the law of a State, territory, possession, or
district, the punishment for such an offense under this section
shall include an additional term of imprisonment of not more than 1
year, or if serious bodily injury of a minor is caused, not more
than 5 years, or if death of a minor is caused, not more than 10
years, and an additional fine under this title, or both, if -
(i) a minor (other than the offender) was present in the motor
vehicle when the offense was committed; and
(ii) the law of the State, territory, possession, or district
in which the offense occurred does not provide an additional term
of imprisonment under the circumstances described in clause (i).
(B) For the purposes of subparagraph (A), the term "minor" means
a person less than 18 years of age.
(c) Whenever any waters of the territorial sea of the United
States lie outside the territory of any State, Commonwealth,
territory, possession, or district, such waters (including the
airspace above and the seabed and subsoil below, and artificial
islands and fixed structures erected thereon) shall be deemed, for
purposes of subsection (a), to lie within the area of the State,
Commonwealth, territory, possession, or district that it would lie
within if the boundaries of such State, Commonwealth, territory,
possession, or district were extended seaward to the outer limit of
the territorial sea of the United States.

Seriously, someone please just tell me I'm a bafoon, and I am missing something obvious? I'm pretty sure this is a DUI law, but is there anything about disobeying a peace officer?

[PhilipCal]

Based on your post, you're citing(quoting) two distinct and seperate areas of law. The UCMJ Uniform Code of Military Justice, probably wouldn't address your issue(s) as well as the United States Code. Additionally, if you cited a civilian motorist, it's questionable that the UCMJ would apply. The USC would in any case. For further clarification, I'd suggest you contact your Supervisor,or possibly the Base Legal Officer.

[Floyd_jones]

Should of clarified, the person was cited under the USC... no UCMJ action at all

[PhilipCal]

Should of clarified, the person was cited under the USC... no UCMJ action at all

OK..good call.

[Re-Birth]

Military police do not have broad statutory authority like the US Marshals or FBI SA's, it fact, it is significantly less. It appears citing someone pursuant to the Homeland Security Act of 2002 may go beyond your statutory purview. The Homeland Security Act authorizes the Secretary of Homeland Security , to perform various law enforcement functions pursuant to his mission. You are plainly a subordinate of the Secretary of Defense, not Homeland Security. Therefore, unless Military Police are expressly authorized to arrest pursuant to this chapter, like the National Security Agency Police, which is a DoD component, or given broad statutory authority, like the Secret Service, you should have cited under title 18 U.S.C.

If "failure to obey a LEO" is not enumerated in title 18 (which I dont think it is) you should apprehend pursuant the state law, in accordance with the assimilative crimes act.

[Sleuth]

In short, for a person not subject to the UCMJ, 18 USC 13 states that state laws are adopted on federal property. Thus the citation is correct. If it had been a service member, then the UCMJ cite would apply.

He/she could have been cited under 18USC111, Resisting, Assaulting, Opposing, or Impeding an officer of the United States in the performance of his duties. That would be the felony charge, and Federal Judges have no sense of humor about it.

[DHS1811]

Alright, I'm dead confused I blame it on the fact that they do no teach this kind of stuff to us at our academy, but when we write our federal tickets (1805's) we cite the USC... we'll today we cited for Failure to Obey a Police officer to a Civ.. with a 525 dollar fine... I know the UCMJ is pretty clear and concise (Article 91) but what is confusing me is the USC code, it says it's 40 USC 1315 in fact everything from broken tail lights to failure to obey a Peace officer is written down under 1315. Now I looked it up and the Law says:




My question is, when we (being military police) stop and cite for stuff, and write this code down on the ticket, is that correct? Am I missing something? It does not seem that way to me. If anyone would like to explain this to me it would be greatly appreciated!

Your authority to enforce law comes from both UCMJ and USC, depending on what circumstances you may find yourself in. Pursuant to 40 USC 1315: (1) Designation. - The Secretary may designate employees of the
Department of Homeland Security, including employees transferred
to the Department from the Office of the Federal Protective
Service of the General Services Administration pursuant to the
Homeland Security Act of 2002, as officers and agents for duty in
connection with the protection of property owned or occupied by
the Federal Government and persons on the property, including
duty in areas outside the property to the extent necessary to
protect the property and persons on the property.

US Military facilities are federal property and you are an officer designated to protect it. The Homeland Security Acts help merge authorities in this type of instance. You may excercise UCMJ authorities on those specificly subject to UCMJ, ie military personnel or civilians "accompanying the force" abroad in forward ops. I have successfully investigated cases in a former life as a CID Agent against civilians down range using both the UCMJ and USC under MEJA (Military Extraterritorial Jurisdiction Act). Trust your supervisors to direct you which authority to use under what circumstances

[DHS1811]

Well to help out the cite that brought this whole thing up was Failure to obey a Peace officer, I looked at the actual cite ( I didn't write it) and it was under 18 USC Sec. 13 though it does not get any easier cause this code says:



Seriously, someone please just tell me I'm a bafoon, and I am missing something obvious? I'm pretty sure this is a DUI law, but is there anything about disobeying a peace officer?

I believe you're looking at definitions for the Assimilative Crimes Act, which allows federal juridictions to adopt and enforcement local statutes. Basically, you can site people for violating crimes on federal property for their commission of crimes that violate laws in the state or local jurisdiction. Their is no mention of DUI crimes in the language because you are merely looking at the authority to enforce local crimes to include DUI, assault of a peace officer, public urination, or whatever else you stumble across on the base.

Also, some bases have exclusive federal jurisdiction, where only federal laws are enforced, most however have concurrent jurisdiction. Your SJA and SAUSA's are well versed in this area and prevent you from having to be concerned about it.

[nonickname69]

I believe you're looking at definitions for the Assimilative Crimes Act, which allows federal juridictions to adopt and enforcement local statutes. Basically, you can site people for violating crimes on federal property for their commission of crimes that violate laws in the state or local jurisdiction. Their is no mention of DUI crimes in the language because you are merely looking at the authority to enforce local crimes to include DUI, assault of a peace officer, public urination, or whatever else you stumble across on the base.

Also, some bases have exclusive federal jurisdiction, where only federal laws are enforced, most however have concurrent jurisdiction. Your SJA and SAUSA's are well versed in this area and prevent you from having to be concerned about it.

This is correct. When I was an MP at Camp Pendleton (before civilians) and when we nabbed a civilian we used USC 13 and then tacted on the California Code that applied.

The SJA would take it to federal court under that statue. (Title 18 USC 13).

[Floyd_jones]

I just wanted to come in, and say everything has been sorted out, apparently the SJA was working on the problem when I brought it up. I'd explain more, but I have a headache right now :O

[orlandofed5-0]

Your authority to enforce law comes from both UCMJ and USC, depending on what circumstances you may find yourself in. Pursuant to 40 USC 1315: (1) Designation. - The Secretary may designate employees of the
Department of Homeland Security, including employees transferred
to the Department from the Office of the Federal Protective
Service of the General Services Administration pursuant to the
Homeland Security Act of 2002, as officers and agents for duty in
connection with the protection of property owned or occupied by
the Federal Government and persons on the property, including
duty in areas outside the property to the extent necessary to
protect the property and persons on the property.

US Military facilities are federal property and you are an officer designated to protect it. The Homeland Security Acts help merge authorities in this type of instance. You may excercise UCMJ authorities on those specificly subject to UCMJ, ie military personnel or civilians "accompanying the force" abroad in forward ops. I have successfully investigated cases in a former life as a CID Agent against civilians down range using both the UCMJ and USC under MEJA (Military Extraterritorial Jurisdiction Act). Trust your supervisors to direct you which authority to use under what circumstances

The DHS (former GSA special police statute) does not work in this case. He should charge under 18 USC 13. The 40 USC statute is for the various agencies which do not have their own police authority and rely on the old GSA special police statute. My agency operates under this authority as does the US Mint, BEP, NZPP and a few others.