Ops Law
Operation Law Unit 1-3
Operation Law Unit 1-3
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Cartes-fiches
What three broad categories does the Posse Comitatus Act fall into?
-use of information
-use of DOD personnel
-use of military equipment
Immediate Response Authority provides immediate action to assist civil authorities or the public in what cases?
-to save lives
-to prevent human suffering
-mitigate great property damage under imminent serious conditions
Before a Commander uses IRA, they must do what?
-determine whether time and circumstances permit prior approval
-as soon as practical, report request through chain of command
-consider: legality, lethality, risk, cost, appropriateness, and readiness
Installation commander are authorized to have pre-existing MOU and MOA when:
-reciprocal firefighting support and emergency services
- military working dogfor drug searches
What does the osse Comitatus Act prohibit?
The Posse Comitatus Act prohibits direct, active participation to enforce civilian laws.
•Authority to Provide Support
• Stafford Act
• Economy Act
• Immediate Response Authority
• Mutual Aide Agreements or Plans
• Support of Law Enforcement
•Authority to Provide Support
• Stafford Act - states request federal support (FEMA)
• Economy Act - federal agencies can help eachother and must be reimbursed
• Immediate Response Authority- CC can provide immediate response to save lives, prevent human suffering, and mitigate great property damage
- determine whether time and circumstances permit prior approval
- as soon as practical request through chain of command
- consider: legality, lethality, risk, cost, appropriateness, readiness
• Mutual Aide Agreements or Plans - Installation CC agreement (firefighting/military drug dog)
• Support of Law Enforcement- Posse Comitatus - 10 can't enforce civil authority