laws. Federal laws are enforced through various agencies,
including the military. Thus, exclusive federal jurisdiction
applies only to areas governed by the specific federal criminal
statutes and the statutes of the federal Assimilative Crimes
Act. Generally, state laws have neither force nor effect in
areas of federal jurisdiction; and local, state, or municipal
law enforcement authorities have no authority in such areas.
2. Concurrent Federal Jurisdiction. Both the
federal government and state government (including its county
and municipal subdivisions) have authority to make and enforce
general municipal laws on the land in question. Thus, a single
act could constitute a crime against both the federal and local
state law. Both naval authorities and state authorities could,
in theory, enforce and prosecute under their respective law.
However, they must first seek permission as specified in section
0116 of the Manual of the Judge Advocate General (JAGMAN).
3. Proprietary Jurisdiction. When the federal
government has acquired a degree of ownership of a piece of
property but has not obtained legislative authority over the
area, generally only the state has the power to enforce its laws
on the property. The United States has the right, however, as
does any landowner or tenant, to protect its property. In
addition, state authorities cannot interfere with any valid
military activity on such property. A court-martial has
jurisdiction over a military member on active duty no matter
where the offense is committed; however, coordination between
naval and state/local authorities is always recommended first.
(h) Posse Comitatus Act. The Posse Comitatus Act
provides that the Army and Air Force cannot be used to execute
the laws. DoD Directive 5525.5 of 15 Jan 86 and SECNAVINST
5820.7 have applied the same restrictions to the Navy as a
matter of DoD and DON policy. Posse comitatus means the power
or force of the county. It authorizes the sheriff to call a
posse of citizens to help enforce the law. In the context of
this statute and DoD policy, posse comitatus generally means
that military personnel cannot be used to enforce civilian laws.
This law does not prohibit such individuals from making a
citizen's arrest for a felony or breach of the peace committed
in their presence or from issuing citations for appearance
before a U.S. magistrate. It also doesn't prevent them from
performing other duties that support the role of the military;
for example, protecting government personnel and property.
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