National Defense Authorization Act in all years from 1991 to 2002. See also
10 U.S.C.A. § 374.
29 Memorandum, Deputy Secretary of Defense, DoD Training Support to U.S. Civilian
Law Enforcement Agencies, (June 29, 1996).
30 The U.S. Army Military Police School is authorized to continue training civilian
law enforcement personnel in the Counterdrug Special Reaction Team Course, the
Counter-drug Tactical Police Operations Course, and the Counterdrug Marksman/Observer
Course. On an exceptional basis, the Commander-in-Chief, U.S. Special Operations
Command may approve such training by special operations forces. Id.
31 10 U.S.C. § 4309.
32 10 U.S.C. § 373.
33 Executive Order (EO) 12333, United States Intelligence Activities (December
4, 1981); Department of Defense Directive 5240.1R, Procedures Governing the
Activites of Dod Intelligence Components That Affect United States Persons (December,
1982). NOTE: These proscriptions do not apply when the military is performing
authorized direct law enforcement activities in support of civil disturbances.
See U.S. Department of Defense Directive 5200.27, Acquisition of Information
Concerning Persons and Organizations Not Affiliated With the Department of Defense
(January 7,1980) and U.S. Department of Defense Civil Disturbance Plan (Garden
Plot) (February 15, 1991).
34 42 U.S.C. §§ 5121-5202 (2000).
35 United States Department of Defense Directive 3025.1, Military Support to
Civil Authorities, para. 4.5 (January 15, 1993).
This article provides a general overview of the important law surrounding law enforcements interaction with the military. It is not intended to be a legal authority or reference for law enforcement managers, but rather a review that encourages responsible synergy between civilian law enforcement agencies and the military. Finally, law enforcement managers should always consult with their legal advisors prior to implementing an MOU or any operation with the military.
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