The Posse Comitatus Act consists of just one sentence: “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”
In practice, this means that members of the military who are subject to the law may not participate in civilian law enforcement unless doing so is expressly authorized by a statute or the Constitution.
Is it a nitpick to say since the posse comitatus mentions the army and air force, but not the navy, it doesn’t apply to the marines? I have no clue, I just know the US are very literal with their laws.
Posse Comitatus:
https://www.brennancenter.org/our-work/research-reports/posse-comitatus-act-explained
What does the Posse Comitatus Act say?
The Posse Comitatus Act consists of just one sentence: “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”
In practice, this means that members of the military who are subject to the law may not participate in civilian law enforcement unless doing so is expressly authorized by a statute or the Constitution.
Is it a nitpick to say since the posse comitatus mentions the army and air force, but not the navy, it doesn’t apply to the marines? I have no clue, I just know the US are very literal with their laws.
These are California marines, could the state of California prosecute them?
Not for a federal crime, no. Same reason that state police can’t enforce immigration laws.