Can US Military Police arrest, detain, or charge a civilian?

[MyDoorsAreOpen]

I ask because I used to live in a housing complex that rented primarily to active duty Navy personnel on a nearby base. The magnetic sticker on my fridge listed a number for Military Police, and I used to see them drive through the complex (patrol?) quite a bit. However, neither I nor anyone else in my household has ever served any branch of the US military, and technically the company that owned and operated the housing complex was a private, civilian enterprise. My wife and I were one of only 6 tenants (out of several hundred) who were civilians. We signed no paperwork at any time agreeing to comply with US Military Law.

Let's say an MP were to drive through my old housing complex, and claimed to witness me doing something that's illegal under civilian law. After I made it clear to him that I was not military, what COULD he do to me? Would I be obligated to identify myself by name to him, as I would a civilian police officer? Would I be obligated to answer any other of his questions?

If I refused to cooperate with the MP, could he use force against me? Could he physically restrain me? Could he detain me? If so, where? (I don't suppose he'd be within bounds to take me back to the naval base!)

Could he restrain and detain me until he could contact the civilian police, and then hand me over to them? If this were to happen, what would be the weight of his testimony in civilian court, relative to mine, or that of the civilian officer to whom he turned me over? After all, the civilian officer would be getting the story third hand, and would not have witnessed any crime.

Finally, how would this situation be different if what the MP saw me doing was illegal under military law, but not under civilian law? Or vice versa?

 

[blazelate]

Civilian living on a military base.. also curious about this.

 

[jpgrdnr]

I was curious as to this as well, in Canada (as per the wiki entry):

Canadian Military Police are unusual in that they are classified as Peace Officers in the Criminal Code of Canada, which gives them the same powers as civilian police to enforce Acts of Parliament. They have the power to arrest anyone who is subject to the Code of Service Discipline, regardless of position or rank under the National Defence Act. Also, in accordance with the Criminal Code of Canada, they can arrest persons whether civilian or military, adult or juvenile who they discover committing a criminal act, the only difference being is that they house the person in custody in civilian jail rather than the military jail. They submit court documents and crown briefs as per their civilian counterparts and go through civilian trial just as any civilian police officer does.

 

[rangrz]

^

quite true. We (CF MP's) are full out peace officers. Arresting a civi means we hand em off to local LE.

US mp's? if your on a base, or the crime is in connection with a DoD person/thing/ect. yes, they can arrest you. If your building is owned by or leased by the US forces, then yes. other examples...steal DoD property, damage it, assault a service member, ect, they can come for you.

 

[rangrz]

^

mmhmm, a CF MP is full out Federal peace officer, and as trained as your typical SWAT/ETF/whatever officer to boot.

And all service members doing a duty primarily of security or discipline are automatically MP's for that duration of duty. (i.e. watching a gate, sentry at night, sentry over wpns during chow, ect)

 

[AChemicalLife]

In the USA:

AFAIK, Military Police have ZERO LE powers off of their installation unless that are dealing directly with DOD (active duty) personnel, and they
can only act on behalf of the UCMJ, not civilian law.

Military police can "apprehend" civilians and turn them over to the local police off-base, IIRC... They cannot arrest them, because with an arrest comes a criminal charge, and an MP does not have the ability to make a criminal charge against a civilian. MP are not federal police (CIDs are though). MP do not become federal police simply because they leave the confines of the base...
Things such as "DoD civilian police" are federal police agencies, however.

Even though they can apprehend and detain (civilian) lawbreakers, they have to either release them after processing, or turn them over to NCIS if an arrest is needed. MP can't take a lawbreaker to the magistrate and on to the jail.

United States military police are prohibited from enacting state police powers and domestic peace officer powers under the Posse Comitatus Act, which prohibits most members of the federal uniformed services from exercising state law enforcement, police, or peace officer powers that maintain "law and order" on non-federal property (states and their counties and municipal divisions) within the United States.

Additionally....
Title 10 of the United States Code:

10 U.S.C. § 375. Restriction on direct participation by military personnel

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law​

 

[TekHazard]

in uk MOD can perform arrests to anyone on military site