[PapaBear3625]

If martial law is not in place, the cops and military can still do such things, but their actions aren’t legal.

If the State refuses to prosecute an act, then the act is effectively legal.

[Sherman Logan]

The point is that martial law is a condition.

Cops, soldiers and many other groups may be able to break the law and get away with it, but that doesn't make what they do legal.