- Joined
- Nov 7, 2006
- Messages
- 726
Isn't that assuming they have been federalized? Title 10/32 are federal and wouldn't necessarily apply. Technically, the guard could be deployed without federal involvement. In which case the commander or any service member wouldn't be able to take law enforcement action under FL statutes unless accompanied by a sworn LEO. At least that's my interpretation of it. I'll admit my info is a bit rusty, but I don't think it has changed too much lol.Usually there will be a dual status commander under title 10/32 that is designated through support of NORTHCOM. That's what we do now, but I don't think it was the case in 2005. DSCA had changed a bit over the last 10 years. It would be interesting on which authorities the commander would be working under for disarmament.
Then, that would also beg the question concerning guardsmen that are activated for state active duty but are civilian LE in their day jobs. Would one supersede the other? They have a duty to act when off duty, but when outside of their jurisdictions how would that be handled? Could there be a successful conviction for a crime, or would it be a case of beating the charge but not the ride?
I think we need a thread to ponder legalities concerning LE. That could be a fun brain exercise.