So much for posse comitatus, the post-Civil War law that the military will stay out of civilian law enforcement in the U.S.:
[link to www.katc.com]
NEW ORLEANS -- Two Louisiana National Guard soldiers shot at a man who refused to stop and drop an object in his hand _ the first time any guard member patrolling the city has opened fire, officials said.
2006-10-10 09:02:53 · 16 answers · asked by WORD UP G 1 in Politics & Government ➔ Military
Posse Comitatus does not apply. Look up your laws, and learn how your government is organized before you start spouting off.
Sorry folks, but idiocy just sets me off sometimes.
National Guard troops on duty in New Orleans are NOT Regular Army. They are Louisiana National Guard. They are NOT Federal troops. They are Louisiana citizens. They are working for the State of Louisiana, under the command and control of the Governor of Louisiana. They are augmenting and assisting the New Orleans Police Department and the Louisiana State Police, according to STATE law and are pretty much taking thier orders from these agencies.
Besides providing some funding, the Federal Government has nothing to do with their activities.
This is exactly what the Act was designed for. Appropo that the setting for this discussion is in the deep south. After the Civil war, Union Armies were the supreme Law Enforcement in the south for years. If they didn't like the way the locals enforced the law or didn't like the law, they changed it according to the way they wanted it, not the way the people wanted it. People didn't like that. Folks in the north finally figured out that if it could happen in the south in could eventually happen anywhere. So the Act was passed to keep States rights intact.
As for the asshat who got shot, anybody who keeps moving with something in their hands when 2 well armed officials tell them to stop and drop the object - well I got no simpathy for him.
2006-10-10 09:42:58 · answer #1 · answered by APRock 3 · 0⤊ 0⤋
The STATE of Louisiana and the CITY of New Orleans requested the presence of armed National Guardsmen in the city to supplement overworked/understaffed police officers.
Posse Comitatus said that the federal government and federalized military cannot do civilian law enforcment. This means that the Army, Navy, Air Force and Marines cannot do what the state militia (Louisiana National Guard) is doing.
As to the details of the shooting, I am sure it will be investigated to determine if it was justified....
2006-10-10 09:18:48 · answer #2 · answered by Harvie Ruth 5 · 0⤊ 0⤋
Go back and read your law journal again, Mr. Armchair Litigator -- The National Guard is empowered to augment law enforcement personnel during periods of civil unrest or natural disaster when so ordered by the governor of the state under Title 32 of the United States Code.
Don't tell me I'm the only one who heard the news report and saw the footage of looters in New Orleans who opened fire on National Guard troops that were conducting aerial rescue operations...I don't care who you are; you don't stand on Superman's cape, you don't take a leak into a headwind and you DON'T shoot at law enforcement or military personnel. But back to the question at hand: Who the hell are you to question their judgment? Were you there? Have you dealt with people shooting at YOU while you're trying to do your job? All he had to do was drop whatever he was holding and he would have been just fine. You choose not to listen to those charged with enforcing the law and you do it AT YOUR OWN RISK.
2006-10-10 09:15:57 · answer #3 · answered by sarge927 7 · 0⤊ 0⤋
Not a 'posse comatitus' issue. The National guardsmen in New Orleans are operating under the Authority of the State of Louisiana - not the US government.
Posse Comatitus bans the use of US Government troops - but allows the National Guard to act when under the orders of the state Governor.
2006-10-10 09:11:14 · answer #4 · answered by MikeGolf 7 · 1⤊ 0⤋
Haha....looks like a no brainer here.. Do what the soldiers/officers tell you to do, even if you aren't doing something wrong, and LIVE, or be a dummy and disobey or point something at them and DIE. I am an honest guy and I would be on the ground with nothing in my hands in less time than it would take them to say it. Afterwards, I might be sore at them for a bit, but, they are doing their job and I would probably shake their hands in the long run.
2006-10-10 10:56:17 · answer #5 · answered by medic427 2 · 0⤊ 0⤋
Was it possible that this happened after the hurricane. The National Gaurd was called in to restore order becuase the people of New Orleans were rioting and looting.
2006-10-10 09:05:20 · answer #6 · answered by GloryDays49ers 3 · 1⤊ 0⤋
Sounds like the Guard soldiers caught a Looter, and thats what happens to people who loot after a disaster
2006-10-10 09:12:13 · answer #7 · answered by Sirecoke 5 · 1⤊ 0⤋
1. Sounds great to me
2. Posse comitatus doesn't cover the NG which you would know if you had more than a 7th grade education.
2006-10-10 09:25:43 · answer #8 · answered by Have gun, will travel. 4 · 1⤊ 0⤋
Have you been here? Those guys probably thought they were in danger of losing their lives! It's not so far fetched in some neighborhoods. Guy should have stopped and opened his hand and he might still be alive.
2006-10-10 09:06:56 · answer #9 · answered by Barbara T 2 · 2⤊ 0⤋
Lets see, we have armed solders who ordered someone to stop and they didn't so they shot him. So what am I missing here.
Maybe you think they should let the other guy shoot first?
2006-10-10 09:10:32 · answer #10 · answered by madjer21755 5 · 1⤊ 0⤋