MPs and Reired MPs as LEOs - LA AG Opinion 18-0082

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  • STPHomie

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    The AG's summary says:

    A military police officer must be currently employed by, or retired from, a “state or municipal law enforcement agency or sheriff’s office” to be considered a “qualified law enforcement officer” or “qualified retired law enforcement officer” under La. R.S. 40:1379.1.3 or La. R.S. 40:1379.1.4. However, these statutes do not limit the authority given to a military police officer to carry a
    concealed firearm under LEOSA provided the military police officer meets all of the requirements enumerated in 18 U.S.C. §926B or 18 U.S.C. §926C. (White)

    Op to Honorable James K. Armes, III, State Representative, District 30, Leesville, LA Date Released: August 15, 2018

    The full opinion is attached. View attachment Opinion18_0082.pdf
     

    thperez1972

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    Reading through a bit of the opinion, it seems active duty military police don't meet the requirement to carry under state law. But a National Guard Military Police who works for the Louisiana Military Department would qualify.
     

    Cbzr1107

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    But....if they met the requirements under LEOSA they would be able to correct? I'm not sure what the roles specifically are for an MP and not sure if they have federal authority to arrest or not. That might play in.
     

    troy_mclure

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    mp generally cannot arrest civilians, unless on base, and have no authority off base, except for military personnel.
    exceptions to this: army cid, navy ncis, airforce sid are all federal agents.
    most police departments in the usa do not consider mp's to be adequately trained to act as law enforcement, which is correct, as that is not their primary role.
     

    thperez1972

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    Louisiana Revised Statute 29:7.1. Military police; powers and authority

    A. Military police forces of the active Louisiana National Guard, unless otherwise restricted by regulation or order of their commander, shall have all of the powers and authority of peace officers necessary to perform law enforcement functions related to and in connection with their duties in the active Louisiana National Guard.

    B. The Military Department may establish and maintain the Louisiana Military Police for the purpose of conducting law enforcement missions necessary to the mission of the Military Department. The Louisiana Military Police will be recognized as a law enforcement agency of the state. The adjutant general shall commission all officers of the Louisiana Military Police. The Louisiana Military Police may include investigators, force protection personnel, and a special reaction team (SRT). The Louisiana Military Police, unless otherwise restricted by regulation, proclamation, or order of the adjutant general, shall at all times have all of the powers and authority of peace officers as are necessary to perform law enforcement functions related to and in connection with their duties in the Military Department, or to perform law enforcement functions assigned by the governor. The adjutant general shall promulgate regulations which govern the membership, training, operations, and internal affairs of the Louisiana Military Police. The Louisiana Military Police may, from time to time, include members of the Louisiana Army National Guard, the Louisiana Air National Guard, and the Louisiana State Guard.

    C. Military police forces of the active Louisiana National Guard, unless otherwise restricted by regulation or order of their commander, shall have all of the powers and authority of peace officers necessary to perform law enforcement functions related to and in connection with their duties in the active Louisiana National Guard. If the active military police or security police of the Louisiana National Guard are activated by the governor in support of civilian authorities, the adjutant general may commission such active members of the National Guard as law enforcement officers of the Louisiana Military Police.

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    Active duty MP's and National Guard MP's have different jurisdictions. That affects their coverage under this law. National Guard MP's, when activated by the governor, have the authority to arrest civilians. That's what happened in New Orleans after Katrina when the MP's came in to assist NOPD. The MP's mission started as patrols to deter property crime and turned into much more than that. An active duty MP, governed by federal law, has much more limited powers due to the Posse Comitatus Act.
     

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