reservist and a cop

[nj50]

if you are a full time police officer and an army reservist, and you get called to active duty for a period of time...during this time you are still in the area you work as a cop, could you still act as a police officer if need be. you are technically still a full time police officer because they cant fire you, but would this violate the posse comitatus act in anyway since you are actually an active duty soldier?????

[FPS207]

The reservist that work within our department, when activated, concentrate on their reserve job and don't get involved in their law enforcement job during this period. They usually will just contact the department if need be and have someone else handle it.

[nj50]

i understand, but this is a "what if" type of question and im just curious about the technicalities involved. is it possible

The reservist that work within our department, when activated, concentrate on their reserve job and don't get involved in their law enforcement job during this period. They usually will just contact the department if need be and have someone else handle it.

[mcsap]

Typically when activated, they go elsewhere. As in out of state or country. At least when I had my 2 weeks of annual training I did.

I suppose if I was activated and was still local and I saw some noteable offense, not a traffic vio. I could stop and detain until the on duty guys showed up and then let THEM handle. No different then if I was simply off duty and took official action.

As long as I wasn't acting as a military member, I don't see any problems.

[tcsd1236]

No. You cannot act in your capacity as a sworn officer while activated. Its a violation of Federal law.

[nj50]

it wouldnt be a violation of federal law unless you were in a title 10 status. if activated in a national gurad unit by the govenor you are not in a title ten. so i still have the same question

No. You cannot act in your capacity as a sworn officer while activated. Its a violation of Federal law.

[tcsd1236]

it wouldnt be a violation of federal law unless you were in a title 10 status. if activated in a national gurad unit by the govenor you are not in a title ten. so i still have the same question

I assumed that you meant title 10 when you said activated. Every time I have been activated under the Governors control, the mission has been so time-consuming that it was unrealistic to expect to be able to do any other line of work. That mission comes first at that point..thats why we are in the Guard.

[Ray Meyer]

I spent 15 yrs in AF Reserve (Sec. Police) and Army National Guard (MP) units while working in a HP/SP department. Generally you are ordered to military duty from a date to a date. The problem areas to overcome is where is the duty being performed and what is it. My AF Res duty took place on a federal installation. I carried an off-duty gun to and from, but not while doing AFRes duty. Secured it in my car. We left the state to do our 15 day active duty tour. Left my off-duty gun at home, but did take my flat badge and id card. Mainly to help collect patches/badges, etc, and made it easier to do ride-along with locals. Never left the state with ARNG. Pretty much did the same thing though. It would take something serious for me to get involved. Mostly decided to be the better witness. I did carry the flat badge so that whatever agency showed up, they would at least appreciate the info better. The actually problem is liability. Technically, once orderd to military duty (date to date), you loose your civilian status and take up your military status. When I left the military, military LEOs lost authority when going off duty. However, NCOs had apprehension (old military term for civilian arrest) authority 24/7. Besides, for liability purposes, your department could drop you like a hot potatoe if something goes wrong.