FC: Does military plane sniper-hunting violate Posse Comitatus?

[Declan McCullagh <declan () well com>]

The Washington Post covers this in a front-page story today:
http://www.washingtonpost.com/wp-dyn/articles/A32138-2002Oct15.html

Note what Eugene (someone I've known to be a reliable source) tells the Post:
>    Under the terms of Posse Comitatus, the military can provide equipment
>    and supplies, technical assistance and training to domestic law
>    enforcement agencies, said Eugene R. Fidell, president of the National
>    Institute of Military Justice.
>    Fidell said the Pentagon assistance to the sniper investigation may go
>    beyond that."I would have to say that active use in a search would raise a
>    question," Fidell said.
>    A U.S. District Court in New York held in 1961 that the use of an Air
>    Force helicopter to search for an escaped prisoner was improper, he
>    noted.

Here's background on Posse Comitatus from our recent discussion:
http://www.politechbot.com/p-04056.html

-Declan

---

From: "Ben" <bmw () carolina rr com>
To: <declan () well com>
Subject: More Posse Commitatus
Date: Tue, 15 Oct 2002 22:37:53 -0400

Just another weird/interesting story about the military pushing that 
particular envelope. They're going to use spy planes to search for the sniper?

<http://www.voanews.com/article.cfm?objectID=5C1FF1D6-F362-4A34-B4F377F896A4DE5D>http://www.voanews.com/article.cfm?objectID=5C1FF1D6-F362-4A34-B4F377F896A4DE5D





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