The ever-thinning line between the military and domestic law enforcement will be erased altogether in Nebraska if Sen. Bill Avery of District 28 (Lincoln) has his way. According to section 6 of LB550, a new addition to the state’s Military Code, “While in the active service of the state or on orders under 32 U.S.C., as a member of the militia of this state or another state, by direction or request of the Governor, members of the National Guard are peace officers and conservators of the peace with the power to keep the same, to prevent crime, to arrest any person liable thereto, or to execute process of law.”
Is this the end of Posse Comitatus in Nebraska?
This bill is being considered by the Government, Military and Veterans Affairs Committee, Room 1507, at 1:30 p.m. this Thursday, Feb 26th.
3 Comments
February 24, 2009 at 10:57 pm
Avery has published his “Statement of Intent”
The part of the statement of intent I find VERY alarming is the below.
“LB 550 extends law enforcement authority to Nebraska National Guard members serving in
FEDERAL Title 32 United States Code status.”
Which he does not go on to say is “title 10″ when they are serving in FEDERAL status.
In Title 32 Status, members of the National Guard are permitted to serve as law enforcement role in their respective states; IF FEDERALIZED, and brought to Active Duty under the authority of Title 10, THEY ARE NOT permitted to serve in a law enforcement role.
This is because of the Posse Comitatus Act of 1878.
Basically Avery is attempting to throw out Posse Comitatus in the state of Nebraska.
My question is why ?
And also where is the good judgment in this ?
February 24, 2009 at 10:59 pm
I almost forgot..his statement of intent also states.
“It also extends law enforcement authority to National Guard members from other states and territories that come to the aid of Nebraska.”
February 26, 2009 at 10:25 am
Correction:
I believe this bill already confirms what is a federal law. That the national guard has been given peace officer powers with in the state under title 32. Now if they where under title 10 that would be different and they would be called up to active duty by the federal government.
The bill also adds that National Guard members from other states could have the same authority in Nebraska if they where called to assist our guard.
But as long as they are under title 32 I really see no problem with that.
Of course I’m always concerned about a police state and will continue to keep my eyes and ears open.
Sorry for any confusion I may have caused.
Candance