TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 6

MARTIAL LAW AND ACTIVE DUTY

46-604.  Cooperation of militia with civil authorities — Calling out military forces. When the national guard or the organized militia shall be ordered into the active service of the state during a state of extreme emergency, or for any other cause, the commanding officer of the military personnel shall cooperate with the civil officers to the fullest extent, consistent with the accomplishment of the object, for which the military personnel were called; the civil officials may express to the commander of the military personnel the general or specific object which the civil officials desire to accomplish, but the tactical direction of the military personnel, the kind and extent of force to be used, and the particular means to be employed to accomplish the object specified by the civil officers are left solely to the officers in charge of the military personnel. In case of any breach of the peace, tumult, riot, resistance to process of this state, or a state of extreme emergency, or imminent danger thereof, the sheriff of a county may call for aid upon the commander-in-chief of the national guard.

History:

[(46-604) 1927, ch. 261, sec. 87, p. 510; I.C.A., sec. 45-604; am. 1957, ch. 174, sec. 61, p. 312.]