Operation S.T.O.P. (Strategic Transportation Observation Prevention) continues to progress in Tennessee. It seems to go back to 10/2008. No one talked about it then and no one is talking about it now. Although, this past spring, while conducting the operation it was witnessed that the Tennessee Highway Patrol, Office of Homeland Security, Federal Motor Carrier Safety Administration, Tennessee Department of Health, Tennessee Emergency Management Agency, Tennessee Department of Transportation, Tennessee Department of Revenue, Marion County Sheriff’s Department, Monteagle Police Department, Tennessee National Guard, Alcohol, Tobacco & Firearms, Department of Commerce & Insurance and the F.B.I. all worked hand in had. I am not sure how many sections of the United States Constitution this violates but the one that is definite is Posse Comitatus.
18 U.S.C. § 1385. Use of Army and Air Force as posse comitatus:
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
10 U.S.C. § 375. Restriction on direct participation by military personnel:
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
This was conducted once again at the weigh station before Watt Road west bound, yesterday, October 14th 2009. First I heard on the radio that it was taking 20 minutes to go 5.5 miles west to east. This stretch usually take 3-4 minutes. Watt road to Lovell road. After that I got on the interstate and saw the traffic very heavily congested for 17 miles east to west on interstate 40 I thought to myself why. I am sure like all federal programs there were good intentions. While there are no eyewitness reports of the checkpoints yet, just like the other S.T.O.P. efforts they will get some minor offenses for using tens of thousands of dollars and inconveniencing thousands of Americans as well.
Marion County News from March S.T.O.P. Checkpoint:
The checkpoint netted 12 drivers for hours of service of violations, 14 out of service trucks, 59 safety defects, one possession of alcohol, one driving without a license, one driving without a commercial license, two wanted persons, one illegal alien and one DUI said Harmon.
The irony is that Sheriff Richard Mack* was in Knoxville on Mon. the 12th of October. He spoke on the executive power the sheriff has to uphold the law. A sergeant from the Knox county sheriff’s office was there representing Sheriff J.J. Jones. It looks like there needs to be some quick educational work done.
*www.sheriffmack.com
datummaker said,
October 15, 2009 @ 1:42 pmIt is time the state of Tennessee has some leadership to step up and uphold the Constitution. The federal government has no business being involved in fourth amendment bashing traffic stops in this state.