Posted on Mar 3, 2016
SPC(P) Information Security (Is) Analyst
95.5K
169
127
21
21
0
578a35ce
I've been pulled over by Military Police before off base on a public highway, but near the base. Do jurisdictions vary state by state/ base by base?
Avatar feed
Responses: 63
SSgt Investigative Analyst
27
27
0
Edited >1 y ago
Hi, SPC Bernardy.

If the MPs maintain some concurrent jurisdiction with the local authorities, they can pull you over.
(27)
Comment
(0)
Savage Hornpoke
Savage Hornpoke
5 y
Savage Hornpoke - How can you serve two masters? Legally? It is a level of confusion that should not be allowed to exist. Working in Kuwait is hard enough not to be harassed by this kind of behavior from people who are supposed to be on the same team.
(1)
Reply
(0)
SSG Darrell Peters
SSG Darrell Peters
5 y
Savage Hornpoke - when you get a ticket from an MP. It falls under federal Jurisdiction. If you wish to challenge the ticket then you go before a U.S. Magistrate. The question is which judicial district? I got a ticket at Fort Knox many moons ago. a friend I went to college with is a Deputy U.S. Marshal. he told me I could challenge the ticket in the Magistrate Court. I live in the Eastern District of Kentucky. Fort Knox is the Western District of Kentucky so to challenge the ticket I had to go to the Federal Court House in Louisville, KY. On the back of the ticket it also gives instructions on when and where to challenge the ticket. So read the back of any citation and it will tell you what you need to do.
(2)
Reply
(0)
SSG Bill McCoy
SSG Bill McCoy
10 mo
SCPO (Join to see) - in the case described, "Concurrent Jurisdiction," would not have been an issue. Once chased onto a military installation, the MILITARY has final authority. That may simply mean detaining a civilian and handing him back to the civilian police, or as reported to have happened, the use of deadly force. So long as Regulations and laws on used of force were followed, no real problem or issues.
Concurrent jurisdiction typically applies to roads that transit through a military installation. Command policy dictates what MP's can or cannot do on those roads/highways. In my experience in Virginia and Maryland, MP's had primary jurisdiction on U.S., State and county roads going through Post. At Ft. Belvoir we had formal Mutual Aid agreements with several PD's and Sheriff Departments; BUT Posse Commitatus severely limits MP's from ENFORCING civilian laws. For example, a burglary at a porn store just outside of our gate, MP's were allowed to back-up a lone civilian officer there; BUT any action would have been under the Virginia laws related to detaining, arresting or use of force. That varies by state (Citizen Arrest).
In short, there is no "Concurrent Jurisdiction," anywhere NOT part of a military installation. The closest there was to that was AWOL Apprehension as ultimately, the military has authority over any/all military personnel, regardless of location.
(1)
Reply
(0)
MAJ Ronnie Reams
MAJ Ronnie Reams
7 mo
CPT (Join to see) - And civilian LE on base.
(0)
Reply
(0)
Avatar small
SSG Ed Mikus
17
17
0
post boundaries seldom line up with the post gates/fences. there should be a 3 foot by 2 foot white sign telling you that you are now on military property and are subject to military jurisdiction. this often includes public roads around the country but on to your question, yes every installation makes their own arraignment with the state with regards to jurisdiction lines for policing duties.
(17)
Comment
(0)
LT Michael Scott
LT Michael Scott
>1 y
The question is do they need to be sworn in the county they pull you over? No for a couple of reasons, depending on where you were when they had cause is all that matters, but the fact that they represent the United States Government, I'd say their area extends not only to the 50 states and U.S. territories but Embassies and certain reservations.
(1)
Reply
(0)
SrA Tony Schamberger
SrA Tony Schamberger
>1 y
The law that applies to situations where state and federal laws disagree is called the supremacy clause, which is part of article VI of the Constitution. The supremacy clause contains what’s known as the doctrine of pre-emption, which says that the federal government wins in the case of conflicting legislation. Basically, if a federal and state law contradict, then when you’re in the state you can follow the state law, but the feds can decide to stop you.
(1)
Reply
(0)
SSG Bill McCoy
SSG Bill McCoy
10 mo
SrA Tony Schamberger - Correct, which is why/how the Federal Magistrate system is used in Concurrent Jurisdiction areas, and how MP's can charge civilians with traffic and criminal offenses. It's also why civilian PD's are (usually) happy to cede jurisdiction to MP's ... that and the fact that it relieves them of the hassle of dealing with traffic offenses, accidents, etc. The concurrence is usually when civilian PD's do enforce laws in those areas (roads/highways intersecting military property).
(1)
Reply
(0)
MSG J G. Sandy Phillips
MSG J G. Sandy Phillips
9 mo
The bottom line is always - if you aren't in violation, be it speed or other factors, you shouldn't have anything to worry about. If you ARE in violation, then why should you complain?
(0)
Reply
(0)
Avatar small
Sgt Aaron Kennedy, MS
14
14
0
Yes. It's not about the bases "physical boundaries" but the MP's "jurisdictional control" (coordinated with the State).

As an example, I live near MCB Quantico. The bases' actual physical limits are very defined, however there are places which are "controlled" by the base. This includes the Marine Corps Museum (located right outside the main gate in Triangle VA) and the area between Mainside and TBS (I95 is between the two halves).
(14)
Comment
(0)
SFC Ernest Thurston
SFC Ernest Thurston
>1 y
I remember when MPS used to make traffic stops on US Rt 1 which cut Ft Belvoir in half. As the area got more congested they stopped doing it. I'm also familiar MCB Quauntico. I lived in Q town for 7 years. When I was stationed at the Presidio of Sa Francisco we had jurisdiction on both sides of the Golden Gate bridge, Ft Pion and many of the local beaches. A lot of people would use the Presidio as a short cut not realizing they were on a military installation until they got pulled over by the MPS (or as I was called by one civilian the Gestapo)
(3)
Reply
(0)
SSG Bill McCoy
SSG Bill McCoy
10 mo
SFC Ernest Thurston - LOL ... Gestapo. In my years at Belvoir (early '74 thru Dec '78), I only had ONE civilian give me that kind of hassle on Rte 1. "I'm a CIVILIAN! YOU CAN'T PULL ME OVER!" Fortunately, after some firm (courteous) discussion, he relented and gave me his license, etc. I was SO tempted to cite him under the VA codes (District Magistrate), but gave him a DD Form 1408 WARNING ticket as originally intended. I did suggest he ask either Fairfax County PD or the State Police about what MP's could or could not do.
Otherwise the worst I got was, "What? I'm on an Amry base?! WOW!" But nothing other than their surprise. LOL
The last I heard, the DOD Police that patrol Belvoir now, do NOT patrol U.S. Rte 1 or the 3 State Highways as a routine.
(1)
Reply
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.

close