NCJ Number
132328
Journal
Army Lawyer Dated: (December 1990) Pages: 3-12
Date Published
1990
Length
10 pages
Annotation
Addressing the issue of how far the military can go in enforcing drug laws, this article examines the expanding drug interdiction role for the military and the primary limitation Congress has placed on the military with respect to civilian law enforcement, i.e., the Posse Comitatus Act and its amendments.
Abstract
The PCA prohibits the use of "any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws" unless expressly authorized by the Constitution or act of Congress, but does not restrict the military's direct participation in civilian law enforcement outside of United States territory. Military assistance may range from providing intelligence on drug trafficking to conducting military operations with the objective of apprehending individuals located outside the United States and indicted for, or charged with, drug offenses under United States law. As regular military drug interdiction operations can create foreign relations problems, the United States must exercise care as it employs its armed forces in the war on drugs. 116 footnotes