Posse Comitatus Act 2


Posse Comitatus Act 2 :

"The PCA prohibits the U.S. military from providing direct support to domestic civilian law enforcement.98 Therefore, as a general rule, the PCA restricts Marines from acting in a civilian law enforcement capacity, allowing neither execution of civilian law nor direct participation in civilian searches, seizures, or arrests. The PCA does not bar all military support to civilian law enforcement. Statutory exceptions allow military assistance to law enforcement in certain limited scenarios. One such scenario is a civil disturbance mission most recently played out during the 1992 Los Angeles riots. Under the Insurrection Act,99 Congress authorized the President to use the federal military to restore order during times of civil disturbance, to include fulfilling a law enforcement function, without running afoul of the PCA. The civil disturbance Garden Plot RUF100 reflect this more permissive legal background. For example, Garden Plot allows the military to restore order by apprehending civilians who have committed crimes.101 Moreover, while not firmly settled, it is generally agreed that the PCA does not apply outside the United States. The military, therefore, can, unhindered by the PCA, develop overseas operational ROE that permit a significant military role in host-nation civilian law enforcement if the mission so requires". (Center for Law and Military Operations and HQ Marine Corps, Judge Advocate Division...., ROE v. RUF, 2006)

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