Why do people think that police can arrest the military for committing a crime on the spot?

Question

That is the cop sees the crime but has no order to arrest the soldier, The UCMJ says that only a commissioned officer, a military officer who is above the man for those of you who don't understand the meaning of commissioned officer, can arrest him unless an uncommissioned officer receives an order from a commissioned officer.

Answer 1

Being a member of the armed forces gives  NO immunity to civil law! That goes from traffic cations to treason to  homicide. Who ever told you this, does not know the law. This is one of the reasons why the founding fathers put the military subordinated to CIVILIAN control. If you are in the military  look at the UCMJ. You will find that every article of the UCMJ  corresponds with Title 10 of the U.S. Code (10 USC) a person can be charged in civilian federal court. As a military member , you can still be charged with a state crime as well. There is nothing the military can do.

Answer 2

Wrongo.  I can arrest anyone that I have probable cause to believe committed a crime within my territorial jurisdiction.  This includes members of the military.  

Been there done that and I have several T-Shirts.

The part of the UCMJ you are referring to describes who in the military may arrest a member of the Armed Forces.

The real fun is calling their First Sergeant and telling him what their troop did to get locked up and letting the military court martial them (in addition to your civilian charges).

I defy you to show me where North Carolina law says I can't arrest a member of the armed forces.  I double dog dare you.

Here's a link to the NC Statute covering an Officer's power of arrest:

http://www.ncga.state.nc.us/EnactedLegis...

You ought to pay a visit to the Cumberland County Jail (that's where Ft. Bragg is- home of the 82nd Air Borne) on the weekend and see how many Joes get brought in by civilian law officers...................................

Answer 3

People think civilian police can arrest military members because they can. As you have already been told, the UCMJ deals with the law WITHIN the military. It does not govern how civil authorities deal with military members.

Answer 4

Arrest is not the same in the military.  The term Apprehension is defined by the UCMJ as "a) Apprehension is the taking of a person into custody." or what would be called an arrest in civilian terms. (art 7)

Arrest, under the UCMJ is defined as" a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person." or is the military equivalent to house arrest (or being grounded LOL).(ART 9)

  Nowhere in The UCMJ does it say that only and officer can place or order a military member to be apprehended, in fact the only mention is that it ALLOWS civilian authorities to apprehend deserters. (Art 8)  And also states, "e) Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified."  (ART9 e)

  Furthermore, any non commissioned officer, Petty Officer, commissioned or warrant officers have the authority to apprehend. (ART 7e)

   The UCMJ cannot take away the authority of a civil officer from conducting an arrest of a military member for a crime committed under his jurisdiction.  

  In fact DOD, DOA, and DON civilian police officers, working as agents of the base commanders, have the authority to apprehend service members for crimes committed on the base

and finally"814. ART. 14. DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES

(a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.

(b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence. "

Answer 5

Ok first of all the UCMJ deals with crimes happening on goverment installations. It is also used alot overseas when the country the offense was committed in waives the right to prosucute and lets the U.S. goverment handle the case. The police do have the right to arrest you if you commit a crime in their jurisdiction although they may not come onto goverment property and arrest you with out the assistance of the military police. same as the military police can't arrest a citizen. at a shopping mall under some circumstances a felony they may detain the person untill civil authorities show up.

Answer 6

The UCMJ controls the actions of those in the military. A police officer can arrest a military member just as he can arrest a civilian.

Answer 7

As a civilian police officer, the UCMJ does not apply to me at all. If a military person is in my jurisdiction and screws up, he is going to jail.

Added: Are you are aware that a great number of military bases now employ civilian police officers to either augment or take over the "patrol" duties of the Military Police. They have the full authority to enforce the law on the base and take a solider to jail.

The UCMJ only deals with military bases and interactions between military members (with some exceptions).

I don't have read the UCMJ. You are missing the entire point of the argument. UCMJ can say whatever the h**l it wants. But it is entirely meaningless when it does not apply to civilian police.

I have arrested quite a few soldiers as a civilian police officer. It never has been an issue.

Answer 8

The UCMJ only applies to actions by the Military Police and on military installations. Out in the civilian world military are treated the same as any other individual. If the military person commits a felony or a misdemeanor, he is charged,and can be arrested. Civil charges aren't generally arrestable anyway, however for traffic offenses etc. they are issued a citation like everyone else. Most military don't want to even try to play the military personnel game, because the military generally takes a dim view of their personnel getting arrested and may well add conduct unbecoming when the subject bails and returns to base. In one case I covered, a Navy Chief Petty Officer was drunk in my jurisdiction and wrecked a military vehicle. In addition to my charges the military charged him with being intoxicated on duty and in uniform, and reckless destruction of military property. He eventually was knocked down one grade in pay, given a disciplinary transfer, and his pay was docked for the value of the car. This was because he was operating a military car in uniform and en-route between military bases.  He had to face both the civilian court and a court marshal. Sucked to be him.

Answer 9

Because they can. Obviously you have never served in the military. Civilian police arrest military personnel for breaking the law off base all the time. (DUI on a Friday night is just one of many examples)