PRECEDENT DECISION: Whether the Posse Comitatus Act Prohibits Military Personnel from Making Arrests Outside, but Within the “Immediate Vicinity” of, a National Defense Area for Crimes Committed Within that National Defense Area


Department of Justice

Department of Justice

Notice Date: Aug. 14, 2026
Effective Date: Aug. 14, 2026

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DOJ's Office of Legal Counsel concludes the Posse Comitatus Act does not prohibit Military Personnel from making arrests outside, but within the “Immediate Vicinity” of, a National Defense Area for crimes committed within that National Defense Area.

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