§ 1585a. Special agents of the Defense Criminal Investigative Service: authority to execute warrants and make arrests

Statutory text

Authority.—

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

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

to make arrests without a warrant—

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

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.

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.

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.

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).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1997
National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 div. A title X § 1071(a) · 111 Stat. 1629
Enacted · 10 U.S.C. § 1585a
(Added Pub. L. 105–85, div. A, title X, § 1071(a), Nov. 18, 1997, 111 Stat. 1897.)
Source evidence
Code source credit
(Added Pub. L. 105–85, div. A, title X, § 1071(a), Nov. 18, 1997, 111 Stat. 1897.)
Enacted provision · exact public law section
(a) Authority.— Chapter 81 of title 10, United States Code, is amended by inserting after section 1585 the following new section: “§ 1585a. Special agents of the Defense Criminal Investigative Service: authority to execute warrants and make arrests “(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 Applicability. 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).”.

1 of 1 references resolved to an enrolled provision

Credits

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