Quote:
Originally Posted by CDAT
Just a minor point, posse comitatus only applies to the US Army (and USAF as when the law was passed they were part of the Army), but not the US Navy, guard or reserves (unless Army guard/ reserves are called to federal duty).
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While strictly true in that the law does not refer to branches other than the Army and Air Force, the Navy and Marine Corps were made subject to it by DoD Directive 5525.5. There is an exception for National Guard units if they're acting pursuant to the presidential power to subdue domestic violence (per 10 USC Sections 331-335, aka the Insurrection Act). Even if called for state service, NG regulations prohibit their use for normal law enforcement functions such as arrests, searching suspects, or handling evidence. They can perform surveillance, intelligence, and support roles, but are not supposed to be hands-on at the scene.
The Coast Guard is exempt unless they are placed under the control of the DoD in time of war, as they were Treasury and are now Homeland Security, and are not usually part of the DoD (and thus not included in DoD Directives). Exceptions also exist for cases involving nuclear material (18 USC 831) and chemical or biological weapons (10 USC 382), where DoD experts may be brought in to work with the DoJ for national security purposes.