§1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus — Inbound Citations

Citations to 18 U.S.C. § 1385 as a whole

• 5 U.S.C. § 408(g)

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  (g) The provisions of section 1385 of title 18,¹ shall not apply to audits and investigations conducted by, under the direction of, or at the request of the Inspector General of the Department of Defense to carry out the purposes of this chapter.
• 6 U.S.C. § 466(a)(1)

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  (1) Section 1385 of title 18 (commonly known as the “Posse Comitatus Act”) prohibits the use of the Armed Forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.
• 6 U.S.C. § 466(b)

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  (b) Congress reaffirms the continued importance of section 1385 of title 18, and it is the sense of Congress that nothing in this chapter should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.
• 10 U.S.C. § 714(i)(2)

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  (2) Nothing in this section shall be construed to abridge section 1385 of title 18.
• 18 U.S.C. § 831(f)(1)

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  (1) The Attorney General may also request assistance from the Secretary of Defense under this subsection in the enforcement of this section. Notwithstanding section 1385 of this title, the Secretary of Defense may, in accordance with other applicable law, provide such assistance to the Attorney General if—

  (A) an emergency situation exists (as jointly determined by the Attorney General and the Secretary of Defense in their discretion); and

  (B) the provision of such assistance will not adversely affect the military preparedness of the United States (as determined by the Secretary of Defense in such Secretary’s discretion).