Title 18 US Code, PART I, Chapter 67,
§ 1385, The Posse Comitatus Act

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years, or both.

Quoted:


Not so fast. [:)]

The Constitution strictly prhibits states from keeping troops in times of peace without consent of congress. From Article 1, section 10:

No state shall, without the consent of Congress, lay any duty of tonnage, [b]keep troops, or ships of war in time of peace[/b], enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

So when is an army an army?

Quoted:
What about the USMC?

Civilian rule is basic to our system of government. The use of military forces to seize civilians can expose civilian government to the threat of military rule and the suspension of constitutional liberties. On a lesser scale, military enforcement of the civil law leaves the protection of vital Fourth and Fifth Amendment rights in the hands of persons who are not trained to uphold these rights. It may also chill the exercise of fundamental rights, such as the rights to speak freely and to vote, and create the atmosphere of fear and hostility which exists in territories occupied by enemy forces.

Bissonette v. Haig, 776 F.2d 1384, 1387 (8th Cir. 1985), aff'd on reh'g, 788 F.2d 812 (8th Cir. 1986), aff'd, 485 U.S. 264 (1988).

Quoted:
I was just wondering since the Act covers the Army and Air Force but not the Navy (thus the Marines)

"POSSE COMITATUS ACT" (18 USC 1385): A Reconstruction Era criminal law proscribing use of Army (later, Air Force) to "execute the laws" except where expressly authorized by Constitution or Congress. Limit on use of military for civilian law enforcement also applies to Navy by regulation. Dec '81 additional laws were enacted (codified 10 USC 371-78) clarifying permissible military assistance to civilian law enforcement agencies--including the Coast Guard--especially in combating drug smuggling into the United States. Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance, etc.) while generally prohibiting direct participation of DoD personnel in law enforcement (e.g., search, seizure, and arrests). For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard Navy vessels and perform the actual boardings of interdicted suspect drug smuggling vessels and, if needed, arrest their crews). Positive results have been realized especially from Navy ship/aircraft involvement.

In 1988, Congress further amended Title 10 providing exceptions "that authorize the Secretary of Defense (SECDEF) to provide equipment and personnel to assist civilian agencies in the enforcement of drug, immigration and tariff laws."18 "But the statute expressly forbids ‘direct participation by a member of the Army, Navy, Air Force or Marine Corps in a search or seizure, an arrest or other similar activity unless . . . otherwise authorized by law’