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10 U.S.C. § 8750Special agents of the Naval Criminal Investigative Service: authority to execute warrants and make arrests

submitted 26 years ago by Pub. L. 106-398 to r/title-10-ARMED-FORCES · 182 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Navy Secretary may give Naval Criminal Investigative Service special agents the power to serve warrants and make arrests without a warrant, like Defense Criminal Investigative Service agents already have. This applies to NCIS agents who investigate crimes in Navy programs. They must follow guidelines approved by top Defense and Justice officials.

(a) Authority. The Secretary of the Navy may give certain Department of the Navy civilian employees (described in (b)) the same power that Defense Criminal Investigative Service special agents have under section 1585a: the power to execute and serve U.S. warrants and other legal papers, and to make arrests without a warrant. (b) Agents To Have Authority. This power applies to any Department of the Navy employee who is a special agent of the Naval Criminal Investigative Service (or whatever agency later replaces it) whose job includes conducting, supervising, or coordinating investigations of crime in Navy programs and operations. (c) Guidelines for Exercise of Authority. Agents must use this power following guidelines the Secretary of the Navy writes and the Secretary of Defense and the Attorney General approve, plus any other guidelines those three officials issue.
the actual law source: uscode.house.gov ↗public domain
(a)Authority.—

The Secretary of the Navy may authorize any Department of the Navy civilian employee described in subsection (b) to have the same authority to execute and serve warrants and other processes issued under the authority of the United States and to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.

(b)Agents To Have Authority.—

Subsection (a) applies to any employee of the Department of the Navy who is a special agent of the Naval Criminal Investigative Service (or any successor to that service) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Navy.

(c)Guidelines for Exercise of Authority.—

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

Source credit: (Added Pub. L. 106–398, § 1 [[div. A], title V, § 554(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–126, § 7480; renumbered § 8750, Pub. L. 115–232, div. A, title VIII, § 807(d)(6), Aug. 13, 2018, 132 Stat. 1836.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-398 on 2000-10-30.

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