As a lifelong Southern Californian, I can tell you for certain that most of LAPD and LASD will do it. I honest-to-God overheard a conversation recently between three late 20-somethings who were going through LE academy training. When they started talking about their next career goals, one of them said he wants to enroll with S.W.A.T. When one of his buddies asked why that particular dept, the first one replied,
“Because they’re badass and they get to kick in doors.”
Yes, I fully believe many of them will simply do what they’re told, and will gladly take your guns while believing they’re doing the right thing for their superiors and their pensions.
It would violate the Posse Comitatus Act as they would be enforce a civilian law that only the civilian Law Enforce are permitted to enforce.
www dot history dot navy dot mil/research/library/online-reading-room/title-list-alphabetically/p/posse-comitatus-act-and-related-matters-a-sketch.html
Willfully Execute the Laws. The Act is limited to “willful” misuse of the Army or Air Force. The Senate version of the original Act would have limited proscription to “willful and knowing” violations, 7 Cong. Rec. 4302 (1878); the House version had no limitation, 7 Cong. Rec. 4181 (1878). The compromise which emerged from conference opted to forbid only willful violations, but nothing in the legislative history explains what the limitation means. It seems unlikely that a court would convict for anything less than a deliberate disregard of the law’s requirements.
When has the Army or Air Force been used “to execute the laws”? Existing case law and commentary indicate that “execution of the law” in violation of the Posse Comitatus Act occurs (a) when the armed forces perform tasks ordinarily assigned not to them but to an organ of civil government, or (b) when the armed forces perform tasks assigned to them solely for purposes of civilian government. While inquiries may surface in other contexts, such as the use of the armed forces to fight forest fires or to provide assistance in the case of other natural disasters, Posse Comitatus Act questions arise most often when the armed forces assist civilian police.
The tests used by most contemporary courts to determine whether military forces have been used improperly as police forces in violation of the Posse Comitatus Act were developed out of disturbances in 1973 at Wounded Knee on the Pine Ridge Indian Reservation in South Dakota and inquire: (1) whether civilian law enforcement officials made a direct active use of military investigators to execute the law; (2) whether the use of the military pervaded the activities of the civilian officials; or (3) whether the military was used so as to subject citizens to the exercise of military power which was regulatory, prescriptive, or compulsory in nature.
Keyboard is flaky. We need edit capability.
The inevitable boogaloo is going to suck.
This Guardsman won’t do it.
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