Law Enforcement Status??

[GRP_4_CHRIST]

Where do Military Police Officers fit in as far as being law enforcement officers?

Are MPs only federal law enforcement officers at the convenience of their commands? If that is the case, why then are DA Police, considered full-time law enforcement and fall under HR 218, the Law Enforcement Officer Safety Act? Or are they? As a long time Soldier/MP and son of a civilian law enforcement officer, I've observed MP's performing some of the same duties and in some instances more than some civilian law enforcement officers.

Are creds the only thing differentiating MP's from other law enforcement officers? Then MPI must then be full law enforcement officers.

What does the federal law state makes a law enforcement officer?

 

[Crazed98]

Difference is civilian and military. One acts upon civilian law the other UCMJ.

 

[CdwJava]

Where do Military Police Officers fit in as far as being law enforcement officers?

It's a matter of jurisdiction. They are law enforcement on a military post and where local or state law grants them full law enforcement power. Most states do not confer peace officer status on military police in day-to-day operations, much the same as local law enforcement are not generally granted such authority on a military reservation.

Are creds the only thing differentiating MP's from other law enforcement officers? Then MPI must then be full law enforcement officers.

What is MPI?

- Carl

 

[GRP_4_CHRIST]

Clarafication

MPI is Military Police Investigation.. MPI is Plain Clothes officers; they care creds.

MP's do enforce local civilian laws, plus they do operate in joint jurisdicition areas along side civilian law enforcement. I've known MP to man Soberity/Drunk Driving check-points with state and county police on a state road that happens to run through the base. The road is open to public traffic, but falls within the post's jurisdiction.

In reference to jurisdiction, civilian police only have authority within their jurisdiction, but when they leave their jurisdiction, they're still police officers. Capital Police enforce federal law and have a very limited jurisdiction but are still police when off the job.

 

[Crazed98]

MPI is Military Police Investigation.. MPI is Plain Clothes officers; they care creds.

MP's do enforce local civilian laws, plus they do operate in joint jurisdicition areas along side civilian law enforcement. I've known MP to man Soberity/Drunk Driving check-points with state and county police on a state road that happens to run through the base. The road is open to public traffic, but falls within the post's jurisdiction.

In reference to jurisdiction, civilian police only have authority within their jurisdiction, but when they leave their jurisdiction, they're still police officers. Capital Police enforce federal law and have a very limited jurisdiction but are still police when off the job.

MPs detain service members and JAG charges them
Civilian LE can arrest and charge anyone

MPs can detain civilians for violations but then have to turn them over to civilian law

 

[CdwJava]

MPI is Military Police Investigation.. MPI is Plain Clothes officers; they care creds.

Most states rcognize active duty feds acting in their role as a peace officer as a peace officer.

MP's do enforce local civilian laws, plus they do operate in joint jurisdicition areas along side civilian law enforcement.

Rarely so in CA. Unless they are assigned in conjunction with local law enforcement in some manner of joint operation, they have no authority outside the base unless otherwise engaged in official duties that usually involve an investigative activity, not enforcement.

In reference to jurisdiction, civilian police only have authority within their jurisdiction, but when they leave their jurisdiction, they're still police officers. Capital Police enforce federal law and have a very limited jurisdiction but are still police when off the job.

I suspect it has to do with the MOS and somewhat "temporary" assignment of most MPs regarding off duty carry (which, I presume, is what you are concerned about).

Do MPs have statutory powers of arrest? Do they carry ID that identifies themself as a peace officer?

Here is the pertinent part:

`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.​

- Carl

 

[GRP_4_CHRIST]

Giving you more facts

MP's, CID Agents, and even unit commanders can file charges. MP and CID file charges against civilians too if need be.

 

[CdwJava]

MPs detain service members and JAG charges them
Civilian LE can arrest and charge anyone

MPs can detain civilians for violations but then have to turn them over to civilian law

If the violations occur on base, then even non-nilitary personnel can be charged under the appropriate federal law.

- Carl

 

[Crazed98]

If the violations occur on base, then even non-nilitary personnel can be charged under the appropriate federal law.

- Carl

Yes, you are right. I meant to clarify that if the civilian was detained off the base in relation to a crime off base that person would have to be turned over (unless it was due to an assault on that officer).

 

[CdwJava]

Yes, you are right. I meant to clarify that if the civilian was detained off the base in relation to a crime off base that person would have to be turned over (unless it was due to an assault on that officer).

Correct ... well, even if the MP was assaulted, the jurisdiction handling the assault would take custody of the case and the body. That would be the same even if *I* were assaulted in another city - I could "arrest" or detain the person, but I would have to turn the attacker over to the proper authorities, I could not drag him back to my city.


- Carl

 

[Crazed98]

Correct ... well, even if the MP was assaulted, the jurisdiction handling the assault would take custody of the case and the body. That would be the same even if *I* were assaulted in another city - I could "arrest" or detain the person, but I would have to turn the attacker over to the proper authorities, I could not drag him back to my city.


- Carl

Assault on an MP is considered assault on a federal officer (this is the only time an mp is truly seen as a federal officer). So in many cases it would be tried in a federal court.

 

[CdwJava]

Assault on an MP is considered assault on a federal officer (this is the only time an mp is truly seen as a federal officer). So in many cases it would be tried in a federal court.

But OFF base, and not in the performance of his duties, that would not be the case.

- Carl