Can the US Marshal’s service deputize people?
We have US Marshalls here all the time - TVA Police (a federal agency) are US Marshalls. But there aren’t a ton of them, and they have a pretty wide area to cover.
Now, can the military provide surveillance and such to support the marshals, FBI, or other entities? In other words, can military assets be used to gather information for future arrest by the proper entities?
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I think the last deputization ocurred in the late 1800s. It was for a posse.
Can the US Marshal’s service deputize people?
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Sheriffs can, so maybe US Marshalls can too. Posting several articles related to this and using military in posses. And I’m not sure what assistance military can be under various scenarios, but here’s some info:
FALL RIVER — The 13 newest sworn deputy sheriffs in Bristol County wear the fatigues and dress uniforms of the U.S. Armed Forces.
On Monday, the military personnel, all recruiters assigned to duty stations in Bristol County, raised their right hands and took a new oath to be of service to the Bristol County Sheriff’s Department should the need ever arise for them to respond to local critical situations.
“We’re in this thing together. We may wear different uniforms, but we have a common mission,” said Bristol County Sheriff Thomas M. Hodgson, who lead the servicemen and women in the swearing-in ceremony.
https://www.heraldnews.com/article/20150803/news/150809189
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The Posse Comitatus Act was never about banning military use in law enforcement. It was designed to control military use in law enforcement. The title and text should be a hint about the actual effect of the law: there’s a reason they talk about “posse comitatus.”
Posse comitatus isn’t the same as “law enforcement.” It’s a specific power law enforcement officers have, allowing them to command the assistance of able-bodied citizens to enforce the law (think “forming a posse,” because that’s what it is).
Sheriffs traditionally had posse comitatus authority; so do federal marshals. At least for marshals, this authority was often used to get assistance from local soldiers. Soldiers were routinely used to back up the marshals. This could be done to enforce any federal law, and the marshals didn’t have to try civilian methods first.
This is what the text of the Posse Comitatus Act bans: routine use of the military by local authorities to enforce federal law. It was not intended to say “Congress must approve each specific use of the military.” It does not in fact say that. It says “Congress and the Constitution can set out rules for the use of the military in law enforcement, but unless a law says the military can be used it can’t be used.” Source (CRS).
Interestingly enough, despite the Posse Comitatus Act apparently forbidding this, DoD policy recognizes two situations where the military may directly assist civil law enforcement in an emergency without any statutory authority. DoD bases this on implicit constitutional authority, specifically:
the inherent legal right of the U.S. Government - a sovereign national entity under the Federal Constitution - to insure the preservation of public order and the carrying out of governmental operations within its territorial limits, by force if necessary.
When there is an unexpected large-scale civil disturbance that local authorities are powerless to stop, local military commanders may intervene to stop widespread loss of life or wanton destruction and restore order to the point that civil authorities can take over, as well to protect federal property and functions if civil authorities cannot.
https://law.stackexchange.com/questions/14813/can-the-usa-military-be-used-as-a-police-force-domestically
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United States President George W. Bush deployed the 3rd Infantry Division’s 1st Brigade Combat Team to a new role on United States soil last Wednesday, training for dealing with national crises. Critics claim that act of the Executive Branch violates the Posse Comitatus Act, which prohibits military participation in domestic matters.
In 2007, the John Warner National Defense Authorization Act was introduced; it overturned the Posse Comitatus Act by allowing the Commander in Chief to suppress ‘insurrection’ and ‘restore order’. When it was repealed in 2008, Bush stated that he did not respect the later repeal
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I could not find where this special unit was disbanded. I also don’t know if another law was passed to permit it after Obama took over.
Also, a number of Local Police/Sheriffs have standard reserve officers who are former military that they train with on a regular basis. I posted info on that a while back.
Yes, with these caveats. Surveillance is a 'police' thing, as of the last time I did these things, it was banned. Reconnaissance (area vs specific) was OK. However developing 'intel' has to be Title 32 NG as AD Title 10 can't have the names/identities of US persons absent Insurrection Act/martial law declarations. Foreigners, yes, but the intermix would be too tight IMO to risk the individuals and the commands. At some point, to be effective, the person of interest has to be ID'ed. LEA provided the separation for us but most were Mexican at the time. An association matrix of John Does gets meaningless quickly with aliases. In any case, these dopes talk, a lot. NSA can ID them especially of they are part of an int'l org.