Homeland Security and the Posse Comitatus Act

[kentuck]

The law forbids Federal military personnel from enforcing state laws. However, local and state officials that are armed by the Federal government (Homeland Security Dept) is not specifically in the Act. But, in my opinion, if local and state governments are supplied military weaponry by the US government, then they become a part of the Federal government and are breaking the law, at least the intent of the law.

http://en.wikipedia.org/wiki/Posse_Comitatus_Act

[Louisiana1976]

1. Excellent point. K&R

[sarisataka]

2. It depends who the boss is

The National Guard is armed by the Federal government but is exempt as they get their orders from the governor of the state. Local and state law enforcement are in a parallel situation.

Perhaps a better approach is regulation on when local and state law enforcement may use the heavy equipment supplied by the federal government. Not every warrant should be served backed by SWAT and tanks.

[kentuck]

3. Also, if they are hiring reservists from recent wars in Iraq and Afghanistan...

...it could be argued that they are still part of the Federal government, imo.

http://www.policemag.com/channel/careers-training/articles/2014/01/military-vets-joining-law-enforcement.aspx