10 U.S.C. § 275
Restriction on direct participation by military personnel
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
Notes of Decisions
Cited in 6
cases (4 in the last 5 years), 2009–2025 · leading case: In re Sealed Case, 551 F.3d 1047 (D.C. Cir. 2009).
In re Sealed Case, 551 F.3d 1047 (D.C. Cir. 2009). “10 U.S.C. § 275 requires the Departments of the Army and the Air Force to maintain personnel records on all members of the federally recognized units and organizations of the Army and Air National Guards and on all members of the Army or Air National Guards who are also reserves…”
United States v. Clemente Hernandez-Garcia, 44 F.4th 1157 (9th Cir. 2022). “; 10 U.S.C. § 275 . The government maintained that Congress expressly authorized the Marine surveillance when it enacted the National Defense Authorization Act for Fiscal Year 2016, Pub.”
Military Support for Customs & Border Prot. Along the S. Border Under the Posse Comitatus Act (OLC 2021). “See 10 U.S.C. § 275 . Finally, in some cases, courts have employed a third test to ensure that the military is not indirectly taking the lead in law enforcement activities, even when it is not operating directly on civilians.”
Perales-Munoz v. United States, 151 F.4th 1 (1st Cir. 2025). “5, a regulation promulgated pursuant to the Department's authority under 10 U.S.C. § 275 to issue regulations to ensure that no "direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity" is permitted…”
United States v. Clemente Hernandez-Garcia, No. 20-50228 (9th Cir. Aug. 17, 2022). “; 10 U.S.C. § 275 . The government maintained that Congress expressly authorized the Marine surveillance when it enacted the National Defense Authorization Act for Fiscal Year 2016, Pub.”
(PS) Warfield v. United States Air Force, No. 2:20-cv-00853 (E.D. Cal. June 17, 2020). “§ 1034 Prohibition of Retaliatory 14 Personnel Actions; 10 U.S.C. § 275 Defense Instruction; 10 U.”
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