Title 10Armed ForcesRelease 119-73not60

§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 II— PERSONNEL › Chapter 81— CIVILIAN EMPLOYEES › § 1585a

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Defense can allow DCIS special agents to serve warrants and to make arrests without a warrant. They can arrest someone who commits an offense in the agent’s presence, and they can arrest for a felony if they have good reason to believe the person committed or is committing it. This applies to agents who investigate or lead criminal probes in DoD programs. They must follow rules from the DoD Inspector General that the Attorney General approves. DCIS special agents are DoD employees who work for the Defense Criminal Investigative Service (or its successor).

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 3, 2026

Release point: 119-73not60