The power of III

Summum ius summa iniuria--More law, less justice

16 February 2011

Operation Falcon op in Savannah--what ever happened to Posse Comitatus?

Operation FALCON is a nationwide fugitive apprehension operation coordinated by the United States Marshals Service (USMS).  The resources of federal, state, city and county law enforcement agencies are combined to locate and apprehend criminals wanted for crimes of violence.
Since its inception in 2005, Operation FALCON has made 91,086 arrests and cleared 117,874 warrants and is the single most successful initiative aimed at apprehending violent fugitives in U.S. law enforcement history.
The original FALCON I proved the efficacy of the cooperative law enforcement model, which seeks to multiply the positive impact of law enforcement at all jurisdictional levels.  The emphasis centered on gang related crimes, homicides, crimes involving use of a weapon, crimes against children and the elderly, crimes involving sexual assaults, organized crime and drug related fugitives, and other crimes of violence.

Coming soon to your neighborhood?

"SAVANNAH, GA (WTOC) - U.S. Marshals swarmed a Savannah neighborhood and arrested Antonio Heyward for aggravated assault.
Police say Heyward shot a man back in December. They consider him violent and have been trying to track him down for the past couple of months.
The arrest happened on 53rd Street near Waters Avenue.
Heyward's sister watched the entire event unfold across the street.
"Anybody who sees their brother scream when there are 20 police officers would be upset," Shakira Heyward said.
The U.S. Marshals say because Heyward is considered dangerous it was necessary to have so many marshals.
Gunshots were also heard in the area around the same time, but the U.S. Marshals say they don't appear to be related.
A new U.S. Marshal Task Force is in Savannah that will help partner agencies arrest violent offenders."

Does anyone know if an agency founded for enforcing Federal laws now employed (indefinitely) in enforcing local and state laws as in Operation Falcon, is a violation of Posse Comitatus Act, originally directed at the US Army?

Police State, Police State, Police State, Police State....

Is this what our guys are fighting for in Iraq and Afghanistan?


  1. I'm pretty sure the feds are being used because the bad guys are being charged under ICE statutes (Isolate the Criminal Element).

    In my state of Alabama, local LE recommends certain fugitives to the feds, and a "combined task force" goes after him. A PREVIOUSLY CONVICTED FELON arrested for certain charges (I don't know the full list) can be hit with FEDERAL charges.

    In my town, they arrested several dozen men in 2010. All had lengthy felony convictions, and were arrested with guns and large amounts of drugs. All were handed over to federal courts.

    A federal conviction will not only remove the felon for many years, but as I understand it, since he will be in federal custody, the local/county/state jail doesn't pay for the confinement.

    The fed system doesn't give parole as easily. A fed convict will normally serve at least 85% of his sentence.

    Again, I don't know the exact laws, but I do know that most of these guys are being charged with violating federal laws against being a felon in possession of a firearm, narcotics trafficking, conspiracy to traffic/possess nartotics, etc.

    I hope this helped.

  2. Thanks, yes it helps. Getting bad guys off the streets is definitely a government mandate.

    Here's my issue: precedents set, constitutionality, local vs. non local law enforcement.

    1. Once the feds open a door, they keep pushing it open wider and wider. It may start with felons and repeat offenders and all the best intentions. It may end with anyone the government deems dangerous. As their power increases, our Liberty decreases. By the time you, your kids, or grandkids are in peril, it is too late.
    2. I am a dinosaur; I am someone who believes the original intent of the Constitution. Federal marshals armed with the latest weaponry making arrests for violations of state and local crimes makes me very uncomfortable.
    3. Law enforcement works best when the citizenry knows the officer and the officer knows the particular citizen to be arrested. When feds are used, they cannot approach the situation in any other manner than impersonally, like a soldier in a war zone. Collateral damage and unnecessarily violent outcomes become more likely.

  3. I agree with everything you say. I don't understand how feds can help my local sheriff catch wanted, hardened LOCAL career felons.

    I don't see how feds who don't live in the area can help find a known criminal. Why can't the sheriff or local police find him???

    If it's an issue of manpower, ie, it does take a lot of bodies to raid a meth lab, or a ghetto apartment, for example, then I guess they are just using the feds as roving backup.

    "We need 20 officers to hit this meth lab. Call the federal task force in."

    And of course, the feds want those men to be FEDS, not state or regional officers. Thus, they are under fed control, and can be used nationwide... which is what all of us fear.

    I'll talk to some friends and see if I can get some specific details. Again, I agree with you. It sounds like a great idea: get the bad guys off the streets and into a lengthy federal sentence... But the potential is scary.

    When we see an assault-rifle carrying, camo-uniformed FED arresting people, it really is quibbling if he's military and thus subject to Posse Comitatus, or "just" a federal LEO, and thus not subject to it. It's still an armed Federal agent, not subject to much, if any, local oversight or control.

    Katrina taught us that outside armed people won't have much concern over Constitutional niceties...