10 U.S.C. § 808
Art. 8. Apprehension of deserters
Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.
Notes of Decisions
Cited in 21
cases, 1957–2008 · leading case: Davidson v. State, 249 S.W.3d 709 (Tex. App. 2008).
Davidson v. State, 249 S.W.3d 709 (Tex. App. 2008). “See 10 U.S.C. § 808 (2007); United States v. Khamsouk, 57 M.”
United States v. Khamsouk, 57 M.J. 282 (C.A.A.F. 2002). “Legality of the Apprehension As noted earlier, the Government contends that the DD Form 553, combined with the authority in Article 8, UCMJ, 10 USC § 808 , is the equivalent of a civilian arrest warrant.”
United States v. Holder, 10 C.M.A. 448 (1959). “Thus, Article 8, Uniform Code of Military Justice, 10 USC § 808 , provides : “Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Territory, Commonwealth, or possession, or the District of Columbia may summarily apprehend…”
State v. Somfleth, 492 P.2d 808 (Or. Ct. App. 1972). “Thus the primary questions are: (1) was defendant’s initial arrest lawful, and (2) was the search and seizure legal despite the fact that defendant was not, in fact, a deserter? Authority for the first arrest of the defendant is found in Armed Forces Act, 10 USC § 808 : “Any…”
United States v. Albert Latimer, 415 F.2d 1288 (6th Cir. 1969). “Un *1290 der the provisions of 10 U.S.C. § 808 2 the agents had sufficient authority to search for and arrest the defendant as a deserter from the army without an arrest warrant or a search warrant.”
United States v. Garner, 7 C.M.A. 578 (1957). “In 'substantially the same language, the statute has been re-enacted as Article 8 of the Uniform Code, 10 USC § 808 . The accused vigorously contends that a civil officer acting in pursuance of this authority acts as an agent of the military.”
United States v. Fields, 13 C.M.A. 193 (1962). “” Code, supra, Article 8, 10 USC § 808 , authorizes civil officers to “summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.”
United States v. Cheryl Dawn James, 464 F.2d 1228 (9th Cir. 1972). “§ 3052, and any civil officer having authority to apprehend offenders under any federal or state law may summarily apprehend a deserter and deliver him into custody.”
Martin v. Commonwealth, 592 S.W.2d 134 (Ky. 1979). “While recognizing the commendable legal analysis of the majority opinion, I dissent from the court’s decision because I believe that the majority’s literal interpretation of 10 U.S.C. § 808 is far too technical and basically incompatible with the spirit of law enforcement…”
United States v. Stuart, 36 M.J. 746 (1993). “See 10 U.S.C. § 808 (1982). He was returned to military control on 16 April at which time he was placed in pretrial confinement for eighteen days.”
Robert Herbert Begalke v. United States, 286 F.2d 606 (Ct. Cl. 1960). “, 10 U.S.C. § 808 . At the time of arrest he occupied a single room at a private house in Philadelphia and was apprehended there.”
United States v. Khamsouk, 54 M.J. 742 (N.M.C.C.A. 2001). “The first sentence of this language is contained in Article 8, UCMJ, 10 U.S.C. § 808 . Armed with this document and information that the appellant was staying at the private, off-base residence of Hospitalman Second Class [HM2] Thomas Guest, U.”
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