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Judge asks if troops in Los Angeles are violating the Posse Comitatus Act
- Thread starter Hume
- Start date
Say hello to Loony Moony and Pobre.
volsrocks
Verified User
They are keeping the peace thats what they were sent there to do.......if it is peaceful shows they are doing their job so of course they have nothing to do...u stupid fucking commie POS
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I have given up on Never Right Walter.
He defies tutoring and his rubric template scores are under water.
No they are not. They are being hidden.
Callinectes
Proud MAGA Semi-Facist
When you get pulled over for speeding, you are detained. You are not free to leave. You are not under arrest, even if the cop puts you in cuffs because he's nervous or you have a warrant. You're not under arrest until he says the magic words. As far as I know, the guard has no civilian powers of arrest, but they do have rifles and pistols, and the ROE probably authorizes deadly force to protect federal officers and property of the government.
T. A. Gardner
Thread Killer
I thought the Supreme Court just settled that. It isn't as if this were the first time US troops were used to put down a domestic disturbance either.U.S. District Judge Charles Breyer put off issuing any additional rulings and instead asked for briefings from both sides by noon Monday on whether the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil, is being violated in Los Angeles.
Judge asks if troops in Los Angeles are violating the Posse Comitatus Act
A federal judge held a brief hearing over whether the Trump administration should continue its deployment of troops to Los Angeles. U.S.apnews.com
Seems obvious it is a violation.
From the 1894 "Pullman" general strike and rioting.
Nah, folks in a store can detain you for shoplifting until law enforcement arrives, arrest is a law enforcement action, they hold them for law enforcement to make that determination. Basically they are acting as bodyguards. Detention is for things like they were trying to attack the agents, and the agents make the determination on whether to arrest or let them go.
volsrocks
Verified User
The person that pulls someone over for speeding is an officer of the law. They are performing law enforcement duties that federal troops are not permitted to do under the Posse Comitatus Act.
That will be a question for the court to decide which is why they asked each to to brief them
They detained a man for walking, what was the probable cause? The color of his skin? What crime had he committed?
Link?
It will indeed.
Trump is so busy wasting $134 million on LA invasion he forgot to lower prices | Opinion
As a devoted supporter of Donald Trump, I applaud his decision to spend $134 million to send U.S. Marines into Los Angeles to lower food costs.
www.usatoday.com
So let us unpack that. It is not a photograph of Marines in Los Angeles, like you claim. In that picture, they are at an unknown location, preparing to go to Los Angeles. The picture was taken by someone in the DOD, and then handed out to reporters. They are not patrolling the streets of Los Angeles, as you claim.
When you hear "unknown location", and only photographed by authorized DOD employees, it does sound like they are hidden. Most likely, it was taken at a military base that only military personnel have access to. If you can find a photograph of Marines patrolling the streets of LA, you will have a point.
This is the relevant part of the law. -
§275. Restriction on direct participation by military personnel
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
I believe the courts have long considered a detention where the person is not allowed to leave as a seizure. A search of the person would also be questionable under the law.
volsrocks
Verified User
Are protestors or rioters driving Corvettes and speeding?
volsrocks
Verified User
Where you there?
Here is a Congressional Research document on Posse Comitatus
An interesting part of it is how courts have warned that they could throw out all evidence gathered by the military in any prosecutions. They allowed it in the past because it was rare and the promise was made to correct the issue.
Another interesting part is the claim that the Act only applies to the army and air force so the navy and marines are exempted from the Act.
An interesting part of it is how courts have warned that they could throw out all evidence gathered by the military in any prosecutions. They allowed it in the past because it was rare and the promise was made to correct the issue.
Another interesting part is the claim that the Act only applies to the army and air force so the navy and marines are exempted from the Act.