Title 10Armed ForcesRelease 119-73

§1585a Special agents of the Defense Criminal Investigative Service: authority to execute warrants and make arrests

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 81— - CIVILIAN EMPLOYEES › § 1585a

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can let certain DCIS special agents serve warrants and other court orders. Those agents can also arrest people without a warrant if a federal crime happens in front of them or if they have probable cause to believe someone has committed or is committing a federal felony. This rule applies to DCIS agents who investigate criminal activity in Department of Defense programs and operations. They must follow rules set by the DoD Inspector General and approved by the Attorney General, plus any other rules from the Secretary of Defense or the Attorney General. A DCIS special agent is a Department of Defense employee who works as a special agent for the Defense Criminal Investigative Service.

Full Legal Text

Title 10, §1585a

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may authorize any DCIS special agent described in subsection (b)—
(1)to execute and serve any warrant or other process issued under the authority of the United States; and
(2)to make arrests without a warrant—
(A)for any offense against the United States committed in the presence of that agent; and
(B)for any felony cognizable under the laws of the United States if the agent has probable cause to believe that the person to be arrested has committed or is committing the felony.
(b)Subsection (a) applies to any DCIS special agent whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of Defense.
(c)The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Inspector General of the Department of Defense and approved by the Attorney General and any other applicable guidelines prescribed by the Secretary of Defense or the Attorney General.
(d)In this section, the term “DCIS special agent” means an employee of the Department of Defense who is a special agent of the Defense Criminal Investigative Service (or any successor to that service).

Reference

Citations & Metadata

Citation

10 U.S.C. § 1585a

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73