In 1981, Congress enacted general law enforcement exceptions319 to the Posse Comitatus Act prohibitions in order to resolve questions raised by the cases that grew out of the events at Wounded Knee.320 The take-over and events which occurred during the siege led to four cases321 involving a series of federal criminal charges including obstructing a law enforcement officer in the lawful performance of his duties during the course of a civil disturbance.322 Military assistance provided federal authorities at Wounded Knee323 undermined the prospects of a successful prosecution for obstructing law enforcement officers by casting doubt on whether they were performing their duties lawfully, an element necessary for conviction.

Coast Guard personnel are also considered customs officers for purpose of customs law enforcement, 19 U.S.C.  1401(i) ( 2018) ("When used in this subtitle [relating to administrative provisions concerning customs duties] or in part I of subtitle II of this chapter [relating to the miscellaneous provisions of the Tariff Act of 1930] ... (i) The terms 'officer of the customs' and 'customs officer' mean ... any commissioned, warrant, or petty officer of the Coast Guard ... "); 19 U.S.C.  1709(b) (2018) (Coast Guard officers are customs officials for purposes of the Anti-Smuggling Act). The Coast Guard has explicit law enforcement powers under 14 U.S.C.  89 (2018) ("The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States."); 14 U.S.C.  91 (2018) (empowering Secretary of the respective department in which the Coast Guard is operating to provide for safety and security of U.S. naval vessels). See generally Greg Shelton, Note, The United States Coast Guard's Law Enforcement Authority Under 14 U.S.C.  89: Smugglers' Blues or Boaters' Nightmare?, 34 Wm. & Mary L. Rev. 933 (1993); Christopher A. Abel, Note, Not Fit for Sea Duty: The Posse Comitatus Act, the United States Navy, and Federal Law Enforcement at Sea, 31 Wm. & Mary L. Rev. 445 (1990).


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