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10 U.S.C. § 375

Section 375 · Restriction on direct participation by military personnel

Amended 3 times on record

Applied in 35 court decisions — leading case United States v. Klimavicius-Viloria (1998)

Most recently applied in 252 F. Supp. 3d 447 - United States v. Jian-Yun Dong (April 2017)

How often courts cite this section

198119902000201020175097-86enacted · 1981 · 97-86100-456amended · 1988 · 100-456amended · 1989 · 101-189United States v. Klimavicius-Vilorialeading · 1998 · United States v. Klimavicius-Viloria
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Amendments

1989—Pub. L. 101–189 substituted “any activity” for “the provision of any support”, struck out “to any civilian law enforcement official” after “any personnel)”, and substituted “a search, seizure, arrest,” for “a search and seizure, an arrest,”.

1988—Pub. L. 100–456 amended section generally. Prior to amendment, section read as follows: “The Secretary of Defense shall issue such regulations as may be necessary to insure that the provision of any assistance (including the provision of any equipment or facility or the assignment of any personnel) to any civilian law enforcement official under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in an interdiction of a vessel or aircraft, a search and seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.”

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