Posse Comitatus Act. The Posse Comitatus Act directly affects CAP’s support to civilian law enforcement. Generally, CAP may not give direct law enforcement assistance to civil authorities and may not be used to execute the laws of, or to perform civilian enforcement functions within, the United States. There are statutory exceptions that provide for limited indirect support to civilian law enforcement agencies that are charged with implementing the anti-drug laws. Specifically CAP can provide detection, monitoring and communication of movement of air and sea traffic. CAP may perform aerial reconnaissance of property but not surveillance of people. CAP may operate equipment to facilitate communications in connection with counterdrug law enforcement operations. CAP may provide repeater aircraft, operate CAP radio equipment in support of counterdrug activities, and transport civilian law enforcement agents in support of counterdrug operations. CAP members as an Auxiliary to the Air Force may not participate directly:
1) In arrest, search and seizure, stop and frisk, or interdiction of vessels, aircraft, or vehicles.
2) In surveillance or pursuit of individuals.
3) As informants, undercover agents, or investigators.
NOTE: A violation of Posse Comitatus, 18 U.S.C. 1385, can result in a fine of up to $10,000 and imprisonment for up to 2 years and administrative action under applicable CAP regulations. Direct questions concerning Posse Comitatus to NHQ CAP/General Counsel (GC) and CAP-USAF Judge Advocate (JA). The final authority on these issues rests with CAP-USAF.