United States v. Apel (571 U.S. 359)
U.S. Supreme Court · decided February 26, 2014 · Supreme Court Database (Spaeth)
- Citation
- 571 U.S. 359 · 134 S. Ct. 1144
- Decided
- February 26, 2014
- Term
- October Term 2013
- Vote
- 9–0
- Majority author
- Justice Roberts
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice ROBERTS delivered the opinion of the Court. Federal law makes it a crime to reenter a "military ... installation" after having been ordered not to do so "by any officer or person in command." 18 U.S.C. § 1382. The question presented is whether a portion of an Air Force base that contains a designated protest area and an easement for a public road qualifies as part of a "military installation." I A Vandenberg Air Force Base is located in central California, near the coast, approximately 170 miles northwest of Los Angeles. The Base sits on land owned by the United States and administered by the Department of the Air Force. It is the site of sensitive missile and space launch facilities. The commander of Vandenberg has designated it a "closed base," meaning that civilians may not enter without express permission. Memorandum for the General Public Re: Closed Base, from David J. Buck, Commander (Oct. 23, 2008), App. 51; see also 32 CFR § 809a.2(b) (2013) ("Each [Air Force] commander is authorized to grant or deny access to their installations, and to exclude or remove persons whose presence is unauthorized"). Although the Base is closed, the Air Force has granted to the County of Santa Barbara "an easement for a right-of-way for a road or street" over two areas within Vandenberg. Department of the Air Force, Easement for Road or Street No. DA-04-353-ENG-8284 (Aug.…
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