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US code and Military Law, Confused please help out

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  • US code and Military Law, Confused please help out

    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!

  • #2
    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?
    Last edited by Floyd_jones; 04-11-2010, 07:09 PM.

    Comment


    • #3
      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.

      Comment


      • #4
        Should of clarified, the person was cited under the USC... no UCMJ action at all

        Comment


        • #5
          Originally posted by Floyd_jones View Post
          Should of clarified, the person was cited under the USC... no UCMJ action at all
          OK..good call.

          Comment


          • #6
            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.
            Last edited by Re-Birth; 04-12-2010, 05:49 PM.
            Never ask a man if he served in the Marine Corps! If he earned the title "Marine" he will tell you, if he didn't, there is no need to embarrass him.

            Comment


            • #7
              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.
              "A man who has nothing which he cares about more than he does about his personal safety is a miserable creature who has no chance of being free, unless made and kept so by the existing of better men than himself."
              John Stuart Mill

              Comment


              • #8
                Originally posted by Floyd_jones View Post
                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
                DHS-ICE-1811

                Comment


                • #9
                  Originally posted by Floyd_jones View Post
                  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.
                  Last edited by DHS1811; 04-25-2010, 04:07 PM.
                  DHS-ICE-1811

                  Comment


                  • #10
                    Originally posted by DHS1811 View Post
                    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).
                    Last edited by nonickname69; 04-26-2010, 11:44 PM.

                    Comment


                    • #11
                      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

                      Comment


                      • #12
                        Originally posted by DHS1811 View Post
                        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.
                        I don't answer recruitment messages....

                        Comment

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