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DOD/DOA Police and the Posse Comitatus
 Moderated by: cjustice  

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FMPDsgt3002
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 Posted: Sat Oct 14th, 2006 10:20 pm1st Post

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To all interested in replying,



I am conducting research into the Posse Comitatus Act and how it is
applicable to the DOD's Police Departments (specifically the Department of
Army).  As you know, the The Posse Comitatus Act is a United States federal
law. The Act generally prohibits Federal military personnel from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Posse Comitatus Act and the Insurrection Act substantially limit the powers of the Federal government to use the military for law enforcement.  The DOD Police are not military yet the DOD Police (specifically the DOD Police under the Department of Army) fall under the AR 190-56 and the Posse Comitatus Act.  It is causing major problems in our ability to police and the DOA seems to forget that the DOD Police are civilian police and are not DEPARTMENT OF ARMY POLICE.  I (as well as many others in DOD/DOA Police Departments) believe the DOD/DOA Police should not fall under the Posse Comitatus Act.

I would like to request your response to this and hope that you may provide any information to help solidify mine and my officer's beliefs.




Thank you,

Sgt. Brian Kunkel

Cal Nolan
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 Posted: Sun Oct 15th, 2006 04:34 pm2nd Post

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We have DA police here at Ft. Campbell.  I would think that Congress would have authorized this.  They only have jurisdiction on the installation.  They are like the Military Police, the only difference is that they are civilian.  Right now they are talking about taking them out because of funding or lack of.

DMNII
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 Posted: Sat Nov 17th, 2007 01:47 pm3rd Post

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Sgt. Kunkel

Do what one of our officers at my installation did. One of my officers here wrote his congressman(the rest of us are following shortly) stating the problem, along with the no round in the chamber carry of the M9(and old throwback to the single action 1911A1 from WWI and WWII) and other issues like selective enforcement of laws at the discretion of the installation commander. He suggested and asked that the US Congress have DOD/DA authority granted by federal law and congress, and that training, certifications, and carry guidelines fall under the host state's rules for Police.  So tell every officer that is DA or DOD to send a letter or email to their congressman (keep it short, clean language, and only address a problem if you have a solution). It is protected communication under federal law, punitive measures cannot be taken against one who contacts his congressman.


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