1550. Local Law Enforcement -- 18 U.S.C. 1752

Section 1752 of Title 18 does not supersede any existing State or local laws regarding the maintenance of order and the protection of persons and property in any jurisdiction. Accordingly, all State and local criminal laws remain available as a basis for concurrent jurisdiction for enforcement, investigative, and prosecutorial involvement by State and local criminal justice agencies over conduct which constitutes a violation of State or local law as well as a violation of § 1752. Local law enforcement agencies continue to have the responsibility to assist in providing protection to the President while the President is visiting their localities, to conduct criminal investigations involving violations of State and local statutes which result from a Presidential visit, and to furnish police officers in adequate numbers to control demonstrations and other disturbances occurring in close proximity to places where the President is visiting. S. Rep. No. 91-1252, 91st Cong., 2d Sess. 9-10 (1970).

Difficulties in proving the elements of guilty knowledge or scienter required for violation of the Federal statute may leave local action as the only effective recourse in many instances, unless previous removal from the restricted area, other enforcement encounter, or special circumstances are present and serve to prove the defendant acted willfully and with knowledge.

[cited in JM 9-65.400]

Updated September 19, 2018