I printed out the document at the link that Q drop had to Rand org. Number 3 seems to be a potent point:
1. Original intent- to end Federal Troops monitoring State(not Federal?) elections in former confederate states.
2. Navy and Marines were not included-but are covered under DOD regulations.
3. All military are exempt from prohibition pursuant to presidential power to quell domestic violence.
4. War on Drugs is exempted-ie military can be used for law enforcement as part of the war on drugs.
5. Coast Guard is exempt during peacetime.
6. Aerial photographic and visual search and surveillance by military doesn’t violate the act.
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footnotes for further research:
2 The language of the Posse Comitatus Act was further amended by congressional action reflected in P.L. 103-322 (1994).
3 For further details, the reader is directed to: Lujan (1997); Department of the Army (undated); and to the notes of various court decisions refining the interpretation of the Posse Comitatus Act. For the latter, see United States Code, Title 18, Crimes and Criminal Procedures, Sections 1361 to 1950 2000 Cumulative Annual Pocket Part, St.
Paul, Minn.: West Group, 2000, pp. 13–17.
4- 10 U.S. Code Sections 331 through 334 provide guidance. Section 332 states: “Whenever the President considers the unlawful obstructions, combinations, or assemblages, or rebellion against the United States, makes it impracticable to enforce the laws of the United States in any state or territory by the ordinary course of judicial proceedings,
he may call into federal service such of the militia of any state, and use such of the armed forces to suppress the rebellion” (Lujan, 1997
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LINK:
https://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1251/MR1251.AppD.pdf
Good info, thanks!
Not in CONUS they aren't. Title 32 NG (under state control) can be used in their own state or in an adjacent state with the Governor's concurrence.
visual search and surveillance by military doesn't violate the act.
Search or reconnaissance is allowed by Title 10 (AD) surveillance isn't.