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  1. #1
    Join Date
    May 2005
    Location
    Overseas
    Posts
    357

    NCIS - Posse Comitatus

    Last year I started a Posse Comitatus thread basing it from the perspective of an MSA (military special agent). I'm curious how NCIS as a majority civilian MCIO interprets the act.

    In my experiences, investigations that turned up civilian suspects were often (not always) turned over to civilian agencies, even if there was a direct military nexus. My agency was also overwhelmingly filled with MSAs. Also, almost all civilian arrests were referred to an outside agency, even if 1811s were available to do the deed.

    I'm looking forward to comparing and contrasting my experiences in a primarily military based MCIO with those of a primarily civilian organization. Thanks in advance for your inputs.

    M.
    Last edited by MeLLoDraMa; 03-10-2008 at 20:13. Reason: corrections

  2. #2
    Join Date
    May 2005
    Location
    Overseas
    Posts
    357

    US Court of Appeals Opinion

    A good US Court of Appeals opinion on this very topic...

    http://www.ca9.uscourts.gov/ca9/newo...d?OpenDocument

  3. #3
    Join Date
    Jun 2005
    Location
    Just down the road....
    Posts
    659
    NCIS 1811 SA's have arrest authority under Title 18USC, 21USC and the rest of the criminal USC... NCIS Marine SA's (MSA) fall under the Posse law much like Army CID active duty SA's do...
    Last edited by g6445v; 03-10-2008 at 20:49.

  4. #4
    Join Date
    Feb 2002
    Posts
    4,203
    NCIS SAs get their arrest authority from Title 10 USC Section 7480.

    As mentioned, there is no Posse Comitatus issue as it relates to SAs, though some old school supervisors in that agency sometimes fail to realize that fact. I say that as an observation, not a criticism. MSAs, as mentioned, do have to deal with the PC issue, but it's an easy work-around.
    --LAE


 

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