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Jake
Can a police officer arrest a soldier from the military base?
Can a police officer or FBI arrest a soldier from the military base, or they can't because of the jurisdiction?



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El Scott
Rating
Your question is not very specific.

Any active duty military personnel can get arrested by any officer with subject matter and territorial jurisdiction. That means that if a soldier from Ft. Bragg goes into town and gets drunk and drives then he can be arrested by the city police for DWI.

If the same soldier is drunk and driving on post then the MPs can arrest him for DWI.

If this soldier has a warrant for his arrest then the agency with the warrant can call his First Sergeant and tell him/her and the military will make their soldier turn himself in to the civilian authorities.

The same soldier is also subject to UCMJ (The Uniform Code of Military Justice) for any laws they break off post. That means that if this soldier gets arrested in town for DWI then the Army can also bring him up on charges under UCMJ.

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bobby v
Yea an MP would make the arrest and depending on the case it may be tried in a court designed for military.

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Tony S
Yes, but the soldier would have to be taken into custody by military police first and then turned over to civilian law enforcement.

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bud68
Rating
Yes they can.

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Susan B
If he is breaking the law, of course.

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fcmiserable_dude
Rating
Yes they can. Police have the right to arrest anyone if there suspicious as long as the military person has a signature from some kind of higher authority in there unit than they cant! But if they dont they can be arrested!

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R&gt;V&lt;N =^,,^=
Yes , every service-person is subject to the strictures of the law whether it is on or off base .
:0)

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gomanyes562
Rating
There are special "military police" with jurisdiction over the bases.

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killert_dawg
Rating
FBI = Yes
Police other then MP = NO
MP= Yes

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Alex
Rating
"The" military base would signify that only one base exists. Every branch has their own law enforcement division and they police their own service members. As other answers have stated, any crime committed on board a military installation will be handled by the military. Any crimes committed off base will be dealt with civilian authorities. I figure you're probably a kid, so there isn't a lot of point getting into detail about jurisdiction and the difference between military and civilian criminal justice.

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joseph b
Rating
If the base falls under concurrent jurisdiction then yes, if the base is under exclusive jurisdiction, then no they can not, however, The FBI will have jurisdiction in both cases, also the soldier may be arrested, the second he leaves the base and the CO can decide to cooperate and turn him over.

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Ron N
Rating
If the offense was committed off of the Miltiary reservation
yes they can.,

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Magic Matt
If the base is “exclusive” federal jurisdiction, then a federal law enforcement officer (FBI, US Marshal, DEA, NCIS, OSI, Army CID, DOD Police) has to make the arrest. If they base has “concurrent” jurisdiction, then local or state officers may make an arrest as well, (Key West Navy Base has concurrent jurisdiction, as do quite a few navy bases).

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tx_ndh
Rating
A military base is a federal reservation. Arrest have to be made by federal officers only. Other officers can be present of course but the actual arrest must be made by the federal agent with jurisdiction. Military Police are Department of the Army (federal officer). FBI is federal as well. If Civilian Police have a warrant for someone on the military base they can either arrest them off the base or have the federal agents arrest him on the base and transport him off base to the civilian jail. If the crime is comitted on the military base it is a federal offense and there are federal magistrates on the base and they have their own jails.

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laughter_every_day
Rating
"from" the base? Sure. On the base, the local cop has no authority but the FBI sure does. If the local cop wanted to arrest a soldier who was on the base, for a crime committed in town, he cannot just drive in an get him, but it takes about 2 seconds to get the cooperation of the MPs. If the soldier committed a crime on the base but was in town, the crime on the base is of no concern to the local cop as it is not a violation of state or local law. If the soldier committed the crime in town, and was found in town, he can be arrested and committed to the local jail. That will also make him AWOL from the base. So, once the locals get done, the military gets him on the AWOL.

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