Posse Comitatus Act (Title 18 USC, Section 1385)


Posse Comitatus Act (Title 18 USC, Section 1385) :

“This federal statute places strict limits on the use of federal military personnel for law enforcement. Enacted in 1878, the PCA prohibits the willful use of the US Army (and later, the US Air Force) to execute the laws, except as authorized by the Congress or the US Constitution. Although the PCA, by its terms, refers only to the Army and Air Force, DOD policy extends the prohibitions of the Act to US Navy and Marine Corps forces, as well. Specifically prohibited activities include: interdiction of a vehicle, vessel, aircraft, or similar activity; search and/or seizure; arrest, apprehension, “stop-and-frisk” detentions, and similar activities; and use of military personnel for surveillance or pursuit of individuals, or as undercover agents, informants, investigators, or interrogators. Additionally, federal courts have recognized exceptions to the PCA. These common law exceptions are known as the “military purpose doctrine” and the “indirect assistance” exceptions. Exceptions and/or circumstances not falling under PCA include: (1) Actions that are taken for the primary purpose of furthering a military or foreign affairs function of the United States. (2) Federal troops acting pursuant to the President’s Constitutional and statutory authority to respond to civil disorder. (3) Actions taken under express statutory authority to assist officials in executing the laws, subject to applicable limitations. (4) CD operations authorized by statute. The PCA does not apply to NG forces operating in state active duty or Title 32 USC status, nor to the USCG, which operates under Title 14 USC authority”. (JCS/DoD, Civil Support, 2007, p. F-2) 

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