The Posse Comitatus Act was enacted in 1878 to prevent local sheriffs and U.S. Marshals from drafting military members into service as a posse, or by serving in other law enforcement functions, thereby taking them away from their military duties. While there are numerous historical vignettes of 'regular' military forces used to conduct civilian law enforcement duties, there are relatively few incidences in which military police forces were used to conduct civilian law enforcement. This research will explore these incidences to determine what, if any, benefits or perils there are associated with using military police forces to assist civilian law enforcement in cases of mutual aid. Mutual Aid is a cornerstone of public safety through which neighboring towns and villages band together to deal with a catastrophe. The National Response Framework established under Presidential National Security Directive 5 calls for leveraging assets at the local level. Military Police are currently prohibited from responding outside of federal property in the capacity of law enforcement personnel in response to requests for mutual aid. Military Police are trained, certified, and capable of responding, but are prohibited by the PCA. The spirit of the Posse Comitatus act has morphed from protecting Soldiers so they could perform military duties, to handcuffing military law enforcement personnel from being able to provide local law enforcement assistance in a time of emergency. Military Police can be a great tool to enhance public safety and support local law enforcement, but that usage is not without concerns that must be mitigated. If Military Police are to serve as that additional tool, another exception to the PCA would be required to allow this aid to occur. Implementation of an exception must cover training, supervision, temporary nature, liability, jurisdiction, and local military command approval process.


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