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NY violating Posse Comitatus Act in drug cases?

By John Wesley Hall, Jr.

NYS is allegedly using the National Guard to help investigate drug crimes. See NY National Guard Violate Posse Comitatus: 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 — an apparent violation of the Fourth Amendment and the Posse Comitatus Act. 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. See also Prison Planet: Yesterday we reported 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 new station Fox 23, who today ran a part two on the Guard’s activities in the region...continue to full post

Full post as published by Fourth Amendment on July 11, 2010 (boomark / email).