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To: howardl
Myths of the Posse Comitatus Act



10 posted on 08/11/2005 12:15:53 PM PDT by G.Mason
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To: G.Mason
That is an excellent, informative link! Thanks for posting it.

From your link:

The test applied by the courts has been to determine whether the role of military personnel in the law enforcement operation was “passive” or “active.” Active participation in civilian law enforcement, such as making arrests, is deemed a violation of the act, while taking a passive supporting role is not.[7] Passive support has often taken the form of logistical support to civilian police agencies. Recognizing that the military possesses unique equipment and uniquely trained personnel, the courts have held that providing supplies, equipment, training, facilities, and certain types of intelligence information does not violate the act. Military personnel may also be involved in planning law enforcement operations, as long as the actual arrest of suspects and seizure of evidence is carried out by civilian law enforcement personnel.[8]

13 posted on 08/11/2005 12:20:05 PM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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