Unleashing "High-Tech" Weaponry in the Drug War: Posse Comitatus, the Fourth Amendment, and Enhanced Sensing
Abstract
Congress created a sketchy exception to the Posse Comitatus Act's prohibition on military law enforcement for drug interdiction. The resulting legislative patchwork broadly authorizes the use of military equipment and personnel for law enforcement, but unnecessarily restricts the most beneficial uses of sophisticated remote sensing hardware by forbidding direct participation in a search. The author contends that the War on Drugs will not succeed unless Congress, the Department of Defense, and the courts replace the statute, its regulations, and the Fourth Amendment law it incorporates.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1992
- Accession Number
- ADA456546
Entities
People
- Eric C. Rishel
Organizations
- The Judge Advocate General's Legal Center and School