N
NDub
Guest
- Jurisdiction
- Virginia
I was charged with a speeding violation, (VA state code 46.2.820), on a state or possibly Fairfax County road. The road leads to the gate of Marine Corps Base Quantico, but is outside its gates. It was immediately off an I-95 exit (which the citation confirms). However, I was pulled over, and the citation was issued, by a Marine Police. I am not a military member. From what I understand: MP authority does not extend to civilians outside areas under military jurisdiction or control. The military cannot be used to help execute civilian law. The Posse Comitatus Act provides that whoever, except in cases and under circumstances expressly authorized by the Constitution or by act of Congress, willfully uses any part of the Army to execute civil law shall be fined not more than $10,000 or imprisoned not more than two years or both. Therefore, as a civilian the Military Police should not have jurisdiction to enforce VA state code against me.
Additionally while there may be some sort of concurrent jurisdiction on the area outside of a base, an MP should not have police power over a civilian off of a base, because concurrent jurisdiction is granted by the The Assimilative Crimes Act, 18 U.S.C. § 13, which should not apply, because, per the code, "Prosecutions instituted under this statute are not to enforce the laws of the state, but to enforce Federal law".
I am not concerned with getting out of the $130 fine, but with the use of the Military being used to enforce state code and policing civilians off-base.
I am wanting to know the specific US code that would give the MP the authority to issue me, a civilian, a state code violation citation off-base.
Additionally while there may be some sort of concurrent jurisdiction on the area outside of a base, an MP should not have police power over a civilian off of a base, because concurrent jurisdiction is granted by the The Assimilative Crimes Act, 18 U.S.C. § 13, which should not apply, because, per the code, "Prosecutions instituted under this statute are not to enforce the laws of the state, but to enforce Federal law".
I am not concerned with getting out of the $130 fine, but with the use of the Military being used to enforce state code and policing civilians off-base.
I am wanting to know the specific US code that would give the MP the authority to issue me, a civilian, a state code violation citation off-base.