1. Legal Authority to Apprehend, Detain & Arrest
Created by the Law Division Dep’t of Training USAMPS
MAJ Mason Weiss & MAJ Robert Kincaid
WHO WHEN WHERE SUSPECT STATUS OFFENSE BASIS ACTION
civilians under the circumstances in , above.
State/Federal (Non DoD) Civilian LEOs cannot “arrest” service members for UCMJ offenses
without a federal warrant (except for desertion) unless the offense also violates a state or
federal law, e.g., State/Fed LEO cannot arrest Soldier for disrespecting commissioned officer.
“Arrest” in the military refers to an oral or written order to remain within a limited
geographical area, such as one’s quarters. A civilian “arrest” has the same effect of a military
“apprehension,” e.g., the person is not free to leave (is in custody), but arises from state law,
not RCM 302. The authority to “detain” a civilian comes from the “inherent authority” of a
installation commander to delegate to others his obligation to maintain good order &
discipline & provide for the safety & welfare of the installation & its personnel.
Per AR 190-2, ALL USACIDC Special Agents can “apprehend” civilians on post for the reasons
listed in , above.
10 USC 4027, USACIDC Civilian SAs have statutory arrest authority under limited specified
circumstances, such as those in , above.
Version 1.3, 30 Oct 2014
MP NCO
MP OFFICER
Anytime Anywhere Military Offender
Civilian Offender
UCMJ
US Code/State Law
Probable
Cause
Apprehend Military
Detain Civilians
(on-post only)
MP (E1 to E4) DoD
Civilian LEOs/SGs
On-Duty Only On-Post
Only
Military Offender
Civilian Offender
UCMJ
US Code/State Law
Probable
Cause
Apprehend Military
Detain Civilians
Military Special
Agents (SAs)
Anytime Anywhere Military Offender
Civilian Offender
UCMJ
US Code/State Law
Probable
Cause
Apprehend Military
Apprehend Civilians
(on-post only)
DoD Civilian SAs Anytime Anywhere Military Offender
Civilian Offender
UCMJ
US Code/State Law
Probable
Cause
Arrest Military and
Civilians
NON-MP
NCO/OFFICER
Anytime Anywhere Military Offender
Only!!
UCMJ
US Code/State Law
Probable
Cause
Apprehend Military
No authority to take
civilians into custody
Non-DoD LEO Anytime
(varies by
agency/state)
Anywhere
within their
jurisdiction
Both Military
&
Civilian Offenders
Any state law; UCMJ
Deserter (w/wo
warrant)
Probable
Cause
Arrest is different from
UCMJ apprehend &
detain
Apprehend, Detain or Arrest without probable cause and the officer/department /agency
will likely lose the “fruit” of the arrest & be sued for civil rights violations.
Except in a dwelling, unless exigency, consent or with an Apprehension Authorization.
Anywhere, anytime, except in a dwelling, unless exigency, consent or with an Apprehension
Authorization.
DoD Civilian SAs: Can “arrest” both military and civilians for misdemeanor offenses
committed in their presence; Can “arrest” both military and civilians for felony offenses not
committed in their presence provided they have probable cause. But see , below.
MPs/Military SAs: No authority to “detain” or “arrest” civilians off post.
MP NCOs/MP Officers/Non-MP NCO/Officers/Military SAs can “apprehend” military
personnel for violating US Code/State Law on and off post because these may be UCMJ
offenses per Art 134, Clause 3: Non-Capital Offenses. State offenses may be assimilated into
federal law if/when committed on post via the Assimilated Crimes Act (ACA), 18 USC §13;
Civilians may be “detained” for violating state law on federal property (if exclusive or
concurrent jurisdiction) through the ACA. DoD Civilian SAs can “arrest” both military and
