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10 U.S.C. § 1585aSpecial agents of the Defense Criminal Investigative Service: authority to execute warrants and make arrests

submitted 29 years ago by Pub. L. 105-85 to r/title-10-ARMED-FORCES · 216 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Defense Secretary authorize certain DCIS special agents to serve warrants and make specified arrests. It also requires guidelines and defines “DCIS special agent.”

(a) The Secretary of Defense may authorize a DCIS special agent covered by (b) to serve and execute United States warrants and other process. The agent may arrest without a warrant for a United States offense committed in the agent's presence, or for a federal felony when the agent has probable cause to believe the person committed or is committing it. (b) This applies to a DCIS special agent whose duties include conducting, supervising, or coordinating investigations of criminal activity in Defense Department programs or operations. (c) The authority must follow guidelines issued by the Defense Department Inspector General and approved by the Attorney General, plus any other applicable guidelines issued by the Secretary of Defense or Attorney General. (d) “DCIS special agent” means a Defense Department employee who is a special agent of the Defense Criminal Investigative Service or its successor. This section does not define the quoted term further.
the actual law source: uscode.house.gov ↗public domain
(a)Authority.—

The Secretary of Defense may authorize any DCIS special agent described in subsection (b)—

(1)

to execute and serve any warrant or other process issued under the authority of the United States; and

(2)

to make arrests without a warrant—

(A)

for any offense against the United States committed in the presence of that agent; and

(B)

for any felony cognizable under the laws of the United States if the agent has probable cause to believe that the person to be arrested has committed or is committing the felony.

(b)Agents To Have Authority.—

Subsection (a) applies to any DCIS special agent whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of Defense.

(c)Guidelines on Exercise of Authority.—

The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Inspector General of the Department of Defense and approved by the Attorney General and any other applicable guidelines prescribed by the Secretary of Defense or the Attorney General.

(d)DCIS Special Agent Defined.—

In this section, the term “DCIS special agent” means an employee of the Department of Defense who is a special agent of the Defense Criminal Investigative Service (or any successor to that service).

Source credit: (Added Pub. L. 105–85, div. A, title X, § 1071(a), Nov. 18, 1997, 111 Stat. 1897.)

history & why it existsrecord from the source credit
  • 1997Enacted · Pub. L. 105-85 · 111 Stat. 1897

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-85 on 1997-11-18.

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