NCJ Number
192471
Journal
FBI Law Enforcement Bulletin Volume: 70 Issue: 12 Dated: December 2001 Pages: 16-24
Date Published
2001
Length
9 pages
Annotation
This article examines the Posse Comitatus Act of 1878, which created a general prohibition against using military personnel in civilian law enforcement.
Abstract
In light on the terrorist attack on September 11, 2001, local, State and Federal law enforcement communities ought to be aware of the most common types of military support available. They should also know about some of the legal restrictions imposed on this support by the Posse Comitatus Act (PCA). Generally, there are specific circumstances when the military may be asked to directly perform domestic law enforcement responsibilities. This occurs when the military responds under various civil disturbance statutes invoked by the President to support a request from a State, to implement Federal authority, or to protect constitutional rights. The PCA does not apply to the deployment of the military to put down disruptions to the public order during these civil disturbances. In addition, the military may be asked to provide personnel and equipment for certain special support activities, such as domestic terrorist events. This article does not address the laws used under these specific circumstances, but reviews potential legal issues that may arise due to law enforcement’s relationship with the military in more common day-to-day missions. Law enforcement agencies most likely will come into contact with the military support in counterdrug operations, training, disaster assistance, or search and rescue missions. By enacting the PCA, Congress attempted to terminate the use of Federal soldiers in civilian law enforcement after the Civil War and during the Reconstruction Period in the South. Today the PCA is seen as a way of preventing direct military intervention in civilian law enforcement activities. The PCA, however, does not rule out all military participation with civilian enforcement. Endnotes