Military

Congress has given the military authority to assist civilian LEAs under Title 10, US Code, Sections 371-378. Title 10 governs the actions of active and federalized ARNG troops. Sections 371-378 allow the DoD to provide training, assistance, equipment and facilities to civilian LEAs as long as military readiness is unaffected. The Code also allows the DoD to pass information collected during normal operations to the LEAs. Under Title 10, however, (federal) military forces are prohibited from searching, seizing, arresting, or conducting any related law enforcement activity involving civilians.

This restriction of DoD authority to participate with or assist civilian LEAs is traced to the provisions of the Posse Comitatus Act. This act, originally passed in 1878 in the aftermath of the Civil War reconstruction, prevents federal troops from enforcing civil law and limits the power of the Continental United States (CONUS) Army. Basically, the Act states that the federal military cannot be used to help execute civilian law. By DoD regulations, all armed forces are now subject to the Posse Comitatus Act, to include the ARNG when federalized. The Act does not apply when the state activates the ARNG in accordance with state law.

ARNG personnel support CD operations under the provisions of Title 32, US Code. Title 32 forces include the Army and Air NG within a state, under the command of the governor. Title 32 forces cannot perform CD support functions which violate state law. The National Guard Bureau (NGB) has adopted policy guidelines which restrict law enforcement initiatives by ARNG personnel (except strictly controlled secondary inspections, or searches of unattended vehicles or cargo).

Currently ARNG forces are actively involved in cargo inspection operations on land, at sea, or at air points of entry, and are always accompanied by a law enforcement agent. When active, ARNG or reserve force soldiers (Title 10 and Title 32) observe suspected criminal activity, they report it to the supported DLEA for appropriate DLEA interdiction action.

Table of Contents
Introduction
Strategy