Although the Posse Comitatus Act
(7) prohibits the use of federal military personnel in an independent law enforcement capacity within the United States, the Army may provide DSCA "in response to requests for assistance from civil authorities for domestic emergencies, law enforcement support, and other domestic activities, or from qualifying entities for special events." (8) Pandemic disease outbreaks and biological attacks qualify as situations for which the U.S.
Part II will discuss the purpose of courtesy patrols, the authority for them, and the limitations set by the Posse Comitatus Act
. Part III identifies areas of importance and provides an overview of the nuts and bolts of courtesy patrols.
It is apparent that he is not familiar with the Posse Comitatus Act
of 1878 that strictly prohibits the deployment of federal armed forces from exercising normal state law-enforcement functions.
whether the proposed surveillance will violate the Posse Comitatus Act
Under the Posse Comitatus Act
of 1878, the military is prohibited from searches, seizures, detentions and arrests.
territory, domestic population and critical infrastructure against military attacks emanating from outside the United States." (4) As a military organization, USNORTHCOM's operations within the United States are governed by law, notably the 1878 Posse Comitatus Act
. This law states that "it shall not be lawful to employ any part of the Army of the United States ...
As a result, the NSA and NIMA may be prohibited from distributing NTM products under the Posse Comitatus Act
because they are DOD support agencies.
Reviewing the Posse Comitatus act
to see whether it might be OK to send jack-booted government agents into American citizens' homes.
Quillen believes that the fundamental limitations placed on the military by the Posse Comitatus Act
of 1878 are being eroded by presidential and congressional desires "to do something" in times of danger.
That fire wall--embodied in the Posse Comitatus Act
of 1878, which made it illegal to willfully use the Army "as a posse comitatus or otherwise to execute the laws"--is now riddled with holes.
Many even feel that the Posse Comitatus Act
, which prohibits using the military as a domestic police force, should be repealed.
Then in 1878, Congress passed the Posse Comitatus Act
, declaring army searches, seizures, and arrests on American soil a penitentiary offense.