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Federal Government Use of Posse Comitatus as a Means for Drug Interdiction: The Role and Function of the U.S. Military

NCJ Number
133876
Author(s)
W Jakub
Date Published
1987
Length
88 pages
Annotation
This dissertation examines the Federal Government's justification for using and deploying the military in drug interdiction operations.
Abstract
Specific objectives are to historically analyze and evaluate legalities in the application of the Posse Comitatus Act in conjunction with current U.S. drug interdiction policies and to assess the implications of joint operations by military and civilian law enforcement agencies. The review covers the period from 1792 to the present, but particularly considers policies of the Reagan administration during the 1980's. The author notes that passage of the Posse Comitatus Act in 1981 and subsequent related laws to interdict drugs coming into the United States have proven to be quite effective. The act and its ancillary laws have also substantially enhanced the ability of Federal, State, and local drug enforcement agencies to carry out their missions. The use of the military in the law enforcement role of drug interdiction has been justified on the basis of the common law principle of Posse Comitatus. The measurable positive effect of using the military to resolve the drug problem, however, will be minimal. In order to establish a significant effect, the war against drugs must be fought on many fronts including interdiction, education, rehabilitation, and a higher level of citizen participation. References and endnotes