Emergencies Involving Nuclear Materials
Emergencies Involving Nuclear Materials : "18 U.S.C. 831(e) authorizes the Attorney General to request DOD law enforcement assistance - including the authority to arrest and conduct searches - notwithstanding the prohibitions of the Posse Comitatus Act -- when both the Attorney General and Secretary of Defense agree that an "emergency situation" exists and the Secretary of Defense determines that the requested assistance will not impede military readiness. An emergency situations involving nuclear material is defined as a circumstance that poses a serious threat to the United States in which (1) enforcement of the law would be seriously impaired if the assistance were not provided and (2) civilian law enforcement personnel are not capable of enforcing the law. In addition, the statute authorizes DOD personnel to engage in "such other activity as is incident to the enforcement of this section, or to the protection of persons or property from conduct that violates this section". (DHS, NRP (Draft #1), Feb 25, 2004, pp. 70-71)
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