{"id":4416,"date":"2010-07-14T08:05:43","date_gmt":"2010-07-11T08:10:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-11T08:10:28","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4416","title":{"rendered":"NY violating Posse Comitatus Act in drug cases?"},"content":{"rendered":"

NYS is allegedly using the National Guard to help investigate drug crimes. See NY National Guard Violate Posse Comitatus<\/a>:<\/p>\n

Reports from the Empire State indicate that the National Guard is assisting local law enforcement in Albany, that state’s capital city, to search and seize weapons from citizens \u2014 an apparent violation of the Fourth Amendment and the Posse Comitatus Act.<\/p>\n

The unique charter of the National Guard creates a force that is a “joint reserve component of the United States Army” and therefore it is proscribed from exercising police power (the exclusive province of the state and the municipalities thereof) except under the very limited circumstances set forth in the Constitution and the Posse Comitatus Act.<\/p><\/blockquote>\n

See also Prison Planet<\/a>:<\/p>\n

Yesterday we reported<\/a> on how the New York National Guard is working with local law enforcement authorities to perform sophisticated scans of vehicles entering the New York area looking for guns and drugs, a program celebrated by local news station Fox 23, who today ran a part two on the Guard\u2019s activities in the region.<\/p>\n

The news clip lauds the fact that the National Guard are conducting surveillance flights over the area \u201clooking for marijuana\u201d using infrared cameras.<\/p><\/blockquote>\n

Remember when National Guard troops stood next to airport security after September 11th, 2001 with automatic weapons at the ready in a meaningless show of force? It turned out that the guns were unloaded. Was that legal or illegal under the Posse Comitatus Act? (It was really disconcerting. I was always afraid that some guy with a gun who was unhinged would open up on the airport passengers.)<\/p>\n

The best legal resource: The Posse Comitatus Act: A Resource Guide<\/a>. See also Rand.org<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4416","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4416","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4416"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4416\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4416"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4416"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4416"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}