Monday, August 10, 2009

Internal Affairs Supervisor Mike Lowrance said "it is a crime only if it happened to his wife"

Art. 2.03. NEGLECT OF DUTY. (a) It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer; and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge.

(b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 3, eff. Aug. 28, 1967.

Art. 2.04. SHALL DRAW COMPLAINTS. Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

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Wednesday, February 06, 2008

Newton's second law F = ma, fictitious forces are always proportional to the mass m being acted upon.

Fictitious force
From Wikipedia, the free encyclopedia
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A fictitious force, also called a pseudo force[1] or d'Alembert force[2], is an apparent force that acts on all masses in a non-inertial frame of reference, such as a rotating reference frame. The force F does not arise from any physical interaction but rather from the acceleration a of the non-inertial reference frame itself. Due to Newton's second law F = ma, fictitious forces are always proportional to the mass m being acted upon.

* 1 Role as calculational tool
* 2 Detection of non-inertial reference frame
* 3 Examples of fictitious forces
o 3.1 Acceleration in a straight line
o 3.2 Circular motion
o 3.3 Fictitious forces and work
* 4 Gravity as a fictitious force
* 5 Mathematical derivation of fictitious forces
o 5.1 General derivation
o 5.2 Rotating coordinate systems
* 6 References
* 7 See also
* 8 External links

[edit] Role as calculational tool

It is sometimes convenient to solve physical problems in a non-inertial reference frame. In such cases, it is necessary to introduce fictitious forces to account for the acceleration of the reference frame. For example, the surface of the Earth is a rotating reference frame. To solve classical mechanics problems exactly in an Earth-bound reference frame, two fictitious forces must be introduced, the Coriolis force and the centrifugal force (described below). Both of these fictitious forces are weak compared to most typical forces in everyday life, but they can be detected under careful conditions. For example, Léon Foucault was able to show the Coriolis force that results from the Earth's rotation using the Foucault pendulum. If the Earth were to rotate a thousandfold faster (making each day only ~86 seconds long), people could easily get the impression that such fictitious forces are pulling on them, as on a spinning carousel.

[edit] Detection of non-inertial reference frame

Observers inside a closed box that is moving with a constant velocity cannot detect their own motion; however, observers within an accelerating reference frame can detect that they are in a non-inertial reference frame from the fictitious forces that arise. They can even map out the magnitude and direction of the acceleration at every point with a plumb bob and a protractor. Another example of the detection of a non-inertial reference frame is the way a Foucault pendulum precesses.

[edit] Examples of fictitious forces

[edit] Acceleration in a straight line

When a car accelerates hard, the common human response is to feel "pushed back into the seat." In an inertial frame of reference attached to the road, there is no physical force moving the rider backward. However, in the rider's non-inertial reference frame attached to the accelerating car, there is a backward fictitious force. We mention two possible ways of analyzing the problem:

1. From the viewpoint of an inertial reference frame with constant velocity matching the initial motion of the car, the car is accelerating. In order for the passenger to stay inside the car, a force must be exerted on him. This force is exerted by the seat, which has started to move forward with the car and compressed against the passenger until it transmits the full force to keep the passenger inside. Thus, the passenger is accelerating in this frame, due to the unbalanced force of the seat.
2. From the point of view of the interior of the car, an accelerating reference frame, there is a fictitious force pushing the passenger backwards, with magnitude equal to the mass of the passenger times the acceleration of the car. This force pushes the passenger back into the seat, until the seat compresses and provides an equal and opposite force. Thereafter, the passenger is stationary in this frame, because the fictitious force and the (real) force of the seat are balanced.

This serves as an illustration of the manner in which fictitious forces arise from switching to a non-inertial reference frame. Calculations of physical quantities made in any frame give the same answers, but in some cases calculations are easier to make in a non-inertial frame. (In this simple example, the calculations are equally complex for the two frames described.)

[edit] Circular motion

A similar effect occurs in circular motion, circular for the standpoint of an inertial frame of reference attached to the road, with the fictitious force called the centrifugal force, fictitious when seen from a non-inertial frame of reference. If a car is moving at constant speed around a circular section of road, the occupants will feel pushed outside, away from the center of the turn. Again the situation can be viewed from inertial or non-inertial frames:

1. From the viewpoint of an inertial reference frame stationary with respect to the road, the car is accelerating toward the center of the circle. This is called centripetal acceleration and requires a centripetal force to maintain the motion. This force is exerted by the ground on the wheels, in this case thanks to the friction between the wheels and the road.[3] The car is accelerating, due to the unbalanced force, which causes it to move in a circle.
2. From the viewpoint of a rotating frame, moving with the car, there is a fictitious centrifugal force that tends to push the car toward the outside of the road (and the occupants toward the outside of the car). The centrifugal force balances out the friction between wheels and road, making the car stationary in this non-inertial frame.

To consider another example, taking as our reference frame the surface of the rotating Earth, centrifugal force reduces the apparent force of gravity by about one part in a thousand, depending on latitude. This is zero at the poles, maximum at the equator.

Another fictitious force that arises in rotating frames is the Coriolis force, which is ordinarily visible only in very large-scale motion like the projectile motion of long-range guns or the circulation of the earth's atmosphere. Neglecting air resistance, an object dropped from a 50-meter-high tower at the equator will fall 7.7 millimeters eastward of the spot below where it is dropped because of the Coriolis force.[4]

In the case of distant objects and a rotating reference frame, what must be taken into account is the resultant force of centrifugal and Coriolis force. Consider a distant star observed from a rotating spacecraft. In the reference frame co-rotating with the spacecraft, the distant star appears to move along a circular trajectory around the spacecraft. The apparent motion of the star is an apparent centripetal acceleration. Just like in the example above of the car in circular motion, the centrifugal force has the same magnitude as the fictitious centripetal force, but is directed in the opposite, centrifugal direction. In this case the Coriolis force is twice the magnitude of the centrifugal force, and it points in centripetal direction. The vector sum of the centrifugal force and the Coriolis force is the total fictitious force, which in this case points in centripetal direction.

[edit] Fictitious forces and work

Fictitious forces can be considered to do work, provided that they move an object on a trajectory that changes its energy from potential to kinetic. For example, consider a person in a rotating chair holding a weight in his outstretched arm. If he pulls his arm inward, from the perspective of his rotating reference frame he has done work against centrifugal force. If he now lets go of the weight, from his perspective it spontaneously flies outward, because centrifugal force has done work on the object, converting its potential energy into kinetic. From an inertial viewpoint, of course, the object flies away from him because it is suddenly allowed to move in a straight line. This illustrates that the work done, like the total potential and kinetic energy of an object, can be different in a non-inertial frame than an inertial one.

[edit] Gravity as a fictitious force

All fictitious forces are proportional to the mass of the object upon which they act, which is also true for gravity. This led Albert Einstein to wonder whether gravity was a fictitious force as well. He noted that a freefalling observer in a closed box would not be able to detect the force of gravity; hence, freefalling reference frames are equivalent to an inertial reference frame (the equivalence principle). Following up on this insight, Einstein was able to show (after ~9 years of work) that gravity is indeed a fictitious force; the apparent acceleration is actually inertial motion in curved spacetime. This is the essential physics of Einstein's theory of general relativity.

[edit] Mathematical derivation of fictitious forces

[edit] General derivation

Consider a particle with mass m and position vector xa(t) in a particular inertial frame A. Consider a non-inertial frame B whose position relative to the inertial one is given by X(t). Since B is non-inertial, we must have that d2X/dt2 (the acceleration of frame B with respect to frame A) is non-zero. Let the position of the particle in frame B be xb(t). Then we have
\bold{x}_a(t) = \bold{x}_b(t) + \bold{X}(t).

Taking two time derivatives, this gives
\frac{d^2\bold{x}_{a}}{dt^2} = \frac{d^2\bold{x}_{b}}{dt^2} + \frac{d^2\bold{X}}{dt^2}.

Now consider the forces in the problem. By Newton's second law, F = ma. The true force is of course the one in frame A (the inertial one), so
\bold{F}_{\mbox{true}} = m \frac{d^2\bold{x}_{a}}{dt^2}.

However, suppose we are working to solve a problem in frame B. It may be useful to consider the apparent force in this frame, which is given by
\bold{F}_{\mbox{apparent}} = m \frac{d^2\bold{x}_{b}}{dt^2} = m \frac{d^2\bold{x}_{a}}{dt^2} - m \frac{d^2\bold{X}}{dt^2} = \bold{F}_{\mbox{true}} - m \frac{d^2\bold{X}}{dt^2}.

Now we define
\bold{F}_{\mbox{fictitious}} = - m \frac{d^2\bold{X}}{dt^2}

giving finally
\bold{F}_{\mbox{apparent}} = \bold{F}_{\mbox{true}} + \bold{F}_{\mbox{fictitious}}.

Thus, we can solve problems in frame B by assuming that Newton's second law holds (with respect to quantities in that frame) and treating Ffictitious as an additional force.[5]

[edit] Rotating coordinate systems

A common situation in which noninertial reference frames are useful is when the reference frame is rotating. Since such rotational motion is non-inertial, due to the acceleration present in any rotational motion, a fictitious force can always be invoked by using a rotational frame of reference. Despite this complication, the use of fictitious forces often simplifies the calculations involved.

The relationship between acceleration in an inertial frame, and that in a coordinate frame rotating with angular velocity \boldsymbol\omega can be expressed as

\mathbf{a}_{\mbox{in}}= \left(\frac{d\mathbf{v}_{\mbox{in}}}{dt}\right)_{\mbox{in}} =\left(\frac{d\mathbf{v}_{\mbox{in}}}{dt}\right)_{\mbox{rot}} + \boldsymbol\omega \times \mathbf{v}_{\mbox{in}}

where we have used the relationship for the time derivative of a vector in rotating coordinates

\left(\frac{d\mathbf{B}}{dt}\right)_{\mbox{in}} = \left(\frac{d\mathbf{B}}{dt}\right)_{\mbox{rot}} + \boldsymbol\omega \times \mathbf{B} , for any vector \mathbf{B}

Since \mathbf{v}_{\mbox{in}} = \mathbf{v}_{\mbox{rot}}+ \boldsymbol\omega \times \mathbf{r}\ , the acceleration becomes

\mathbf{a}_{\mbox{in}} = \left(\frac{d ( \mathbf{v}_{\mbox{rot}} + \boldsymbol\omega \times \mathbf{r})}{dt} \right)_{\mbox{rot}} + \boldsymbol\omega \times \mathbf{v}_{\mbox{rot}} + \boldsymbol\omega \times (\boldsymbol\omega \times \mathbf{r} )

or, equivalently,

\mathbf{a}_{\mbox{in}} = \mathbf{a}_{\mbox{rot}} + \frac{d \boldsymbol\omega}{dt} \times \mathbf{r} + 2 \boldsymbol\omega \times \mathbf{v}_{\mbox{rot}} + \boldsymbol\omega \times (\boldsymbol\omega \times \mathbf{r} )

The acceleration in the rotating frame equals

\mathbf{a}_{\mbox{rot}} = \mathbf{a}_{\mbox{in}} - 2 \boldsymbol\omega \times \mathbf{v}_{\mbox{rot}} - \boldsymbol\omega \times (\boldsymbol\omega \times \mathbf{r} ) - \frac{d \boldsymbol\omega}{dt} \times \mathbf{r}

Since the force in the rotating frame is \mathbf{F}_{\mbox{rot}} = m \mathbf{a}_{\mbox{rot}}\ and, by definition, \mathbf{F}_{\mbox{rot}} = \mathbf{F}_{\mbox{in}} + \mathbf{F}_{\mbox{fict}}\ , the fictitious force equals

\mathbf{F}_{\mbox{fict}} = - 2 m \boldsymbol\omega \times \mathbf{v}_{\mbox{rot}} - m \boldsymbol\omega \times (\boldsymbol\omega \times \mathbf{r} ) - m \frac{d \boldsymbol\omega }{dt} \times \mathbf{r}

Here, the first term is the Coriolis force, the second term is the centrifugal force, and the third term is the Euler force.[6] When the rate of rotation doesn't change, as is typically the case for a planet, the Euler force is zero.

[edit] References

1. ^ R.P.Feynman et al. (1963), The Feynman Lectures on Physics, vol. I, section 12-5
2. ^ Seligman, Courtney. Fictitious Forces. Retrieved on 2007-09-03.
3. ^ The force in this example is known as ground reaction, and it could exist even without friction, e.g., a sled running down a curve of a bobsled track.
4. ^ Daniel Kleppner and Robert J. Kolenkow, (1973) An Introduction to Mechanics, McGraw-Hill, page 363.
5. ^ Kleppner, pages 62-63
6. ^ Jerold E. Marsden and Tudor.S. Ratiu, (1994), Introduction to Mechanics and Symmetry: A Basic Exposition of Classical Mechanical Systems, Springer-Verlag, ISBN 0-387-97275-7, page 233.

[edit] See also

* Newton's laws of motion
* inertial reference frame
* non-inertial reference frame
* rotating reference frame
* Coriolis force
* Centrifugal force
* Gravity
* General relativity
* d'Alembert's principle of inertial forces
* Centripetal force

[edit] External links

* Q and A from Richard C. Brill, Honolulu Community College
* Coriolis Force
* Motion over a flat surface Java physlet by Brian Fiedler illustrating fictitious forces. The physlet shows both the perspective as seen from a rotating and from a non-rotating point of view.
* Motion over a parabolic surface Java physlet by Brian Fiedler illustrating fictitious forces. The physlet shows both the perspective as seen from a rotating and as seen from a non-rotating point of view.

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Tuesday, December 05, 2006

vacate or making room for "friends" ~ now they will get paid why not volunteer?


3 sheriff's officials vacate their posts
Kaelin says his leadership style and theirs clashed

By mary ann cavazos Caller-Times
December 5, 2006

Three out of 10 officials in the Nueces County Sheriff's command staff have vacated their posts in the past week either by resignation, removal or retirement.

Sheriff Jim Kaelin said he spoke with the three staff members and offered them options including retirement after he felt they were not meeting his expectations.

"My management style has been participatory, not dictatorial which has been reflected by others in the past," Kaelin said.

Janie Suarez, who was removed from the assistant chief of jail administration post, opted not to retire or resign, Kaelin said adding he would not go into specifics citing personnel issues.

Captain of Corrections Arthur Barrera decided to retire and Vidal DeLaCerda, who was the captain of patrol, gave his resignation.

Kaelin said the shifts in staffing are part of a plan to improve the jail's effectiveness.

"We're looking at all areas of operations. The process has been going on since I was sworn in," he said.

Interviews for the positions will be scheduled for all three posts and an interim assistant chief of jail administration will be named until a replacement can be found.

Last month, Kaelin chose John Galvan, a retired DPS officer, to be his chief deputy. Jimmy Rodriguez, who lost the race for sheriff to Kaelin, previously held the post. Kaelin, who was sworn in as sheriff last month, has vowed to make improvements to the facility a priority.

Earlier this year federal and state jail inspectors found problems with food services, plumbing, water and hygiene, which ultimately led to the removal of federal prisoners in June.

The jail has also failed numerous state inspections.

Contact Mary Ann Cavazos at 886-3623 or HYPERLINK

Monday, September 18, 2006

Larry "they-check-in-but-don't-check-out" Olivarez, and Lloyd "I-love-closed-door-insurance-deals" Neal for Nueces county judge candidates

Nueces county judge race, - what a joke!

Kyle Lovett - 07:08am Sep 14, 2006 Central

What's this? Larry "they-check-in-but-don't-check-out" Olivarez, and Lloyd "I-love-closed-door-insurance-deals" Neal for Nueces county judge candidates. It's laughable, but typical of what Nueces county is. The former sheriff's management record speaks for itself regarding the jail and all the lawsuits which caused the tax payer's huge amounts of money. When he first came to office, he ran off some of the best jail staff, purely for political reasons and it went downhill after that. Mr. Olivarez is s just another politico from the west side and will do more harm than good if elected, but, what's the other choice? Hah! Lloyd Neal ends up running off the best City Manager Corpus has had in decades, David Garcia, who laid the foundation for all the fine improvements CC enjoys today. This after David Garcia proceeds to expose the tawdry City insurance contractual deals between the good ole buds. Eventually it turned into a character assassination, the fact that Mr. Garcia was dating one of the City's Risk Management directors, which is none of Mr. Neal's business. Bottom line? Neal has no class, just like alot of other leaders in the community have no class....witness the Dr. Bria debacle.

Funny stuff, and is the type of tawdry politics Corpus has learned to love! Corpus gets what its deserves. What say you?

dannoynted1 - 02:29am Sep 15, 2006 Central (#1 of 9) Reply

WATT happened with Larry Lloyd? Posted on September 15, 2006 at 03:49:55 AM by Jaime Kenedeno

Was there a tiff today?

Did anybody happen to see the KIII news?
George Jones - 08:23am Sep 15, 2006 Central (#2 of 9) Reply

The last time Larry and Lloyd were seen they were out back, Lloyd's pants were down around his ankles and Larry was on his knees. They seemed to have made up.
Elwood Blues - 09:19am Sep 15, 2006 Central (#3 of 9) Reply
"Snide,self righteous old overlord"


It seems now that Olivarez' new strategy is to shirk responsibility for the conditions at the jail by blaming Rodriguez and Stutts for the problems.Neal's pounding him over the issue,and rightly so,so Larry's doing what he does best..pass the buck.It's been his trademark since he was elected Sheriff.Anybody who's seen the pictures the feds took of the jail before they removed their prisoners knows problems like that don't occur in the space of a couple months,but Olivarez would have you believe they did.Rodriguez and especially Stutts,who was jail administrator under Olivarez,certainly bear part of the responsibility,but for Olivarez to try to say it's all their fault strains credulity.

Another thing..I noticed a couple days ago that the sign out in front of the jail still says "Larry Olivarez,Jr..Sheriff"..and his name is still on marked Sheriff's Dept.patrol cars,even though he resigned as Sheriff at the beginning of this year.Who pays for removing his name from the patrol cars and the jail building?..I guess the same people who paid to have them put there in the first
GRusling - 07:26am Sep 16, 2006 Central (#4 of 9) Reply
History teaches us that men and nations behave wisely once they have exhausted all other alternatives. --Abba Eban

Elwood Blues 9/15/06 10:19am

Neal's pounding him over the issue,and rightly so,so Larry's doing what he does best..pass the buck.

I've been waiting for someone from Corpus to notice the inconsistency. The problem is, his opposition is another career politician, not a reasonable candidate for "Judge." Neal has a record as bad as Olivarez, if not worse.

Corpus Christi city politics looks pretty comical from the outside...
Kyle Lovett - 08:32am Sep 17, 2006 Central (#5 of 9) Reply

Corpus politics are the laughing stock both from the inside and outside - corrupt, stupidly "politically correct", with only self serving agendas catering to one ethnicity - Hispanics. I can't think of two of the worse candidates than those two for county judge, it just stinks. BTW, ask someone who worked at the jail intake about 6 years ago about the case in which one of Olivarez's kin (believe it was a cousin) was picked up for DWI and let go. They're both as crooked as a dog's hind leg.

Good luck!
tejano2k+ - 10:28pm Sep 17, 2006 Central (#6 of 9) Reply

Since Corpus Christi is one of America's friendliest cities[comp. size]why not give law enforcement credit for doing something right? That would include Ex-Sherrif Olivarez, imho.
Kyle Lovett - 07:10am Sep 18, 2006 Central (#7 of 9) Reply

You're saying Sheriff Olivarez should be credited for giving out smiles? Yeah he's smiling all right, smiling if you do his bidding, and to get elected so he can grab more power. Wonder who's punching his buttons?

Tell me, during his tenure, what did the good Sheriff do that was so wonderful?

According to, Corpus has one of the highest crime rates in the nation (ranked 147), guess the Sheriff is to blame for that, eh? Not only does CC have one of the highest crime rates, but the lowest educational attainment and the lowest cultural attainment, (latter in spite of the one sided Hispanic cultural news stuffed down the throat by all the media outlets).

The sheriff is to blame for the deaths of let's see..... at least 8 prisoners being held under his watch? How much did those lawsuits cost you, the taxpayer? Ever wonder why Corpus taxes are some of the highest in Texas, while the infrastructure (streets, parks, water) sux?
Kyle Lovett - 07:17am Sep 18, 2006 Central (#8 of 9) Reply

BTW, if you've ever driven the streets and freeways of CC, you learn quickly that CC is not such a friendly place. Corpus has some of the meanest drivers I've ever seen. There are many folks that will deliberately drive 60 mph in the far left lane on IH 37 and aligned with driver in the center lane so you can't pass, just to be mean. Corpus friendly? Another joke.
GRusling - 08:40am Sep 18, 2006 Central (#9 of 9) Reply
History teaches us that men and nations behave wisely once they have exhausted all other alternatives. --Abba Eban

Olivarez has been a pretty good cop and he's probably a good man, from what I can tell. Corpus Christi is a lot better off than some other places I've heard of but, being a good cop doesn't qualify him to be a Judge. A judge has to be fair-minded while cops, in general, are only concerned with catching someone doing something wrong and putting them in jail! If the Judge takes that approach, that would make him part of the PROSECUTION TEAM and mean any citizen, wrongly accused and only guilty of being in the wrong place at the wrong time has an uphill battle trying to PROVE he didn't do anything wrong! That's exactly what's wrong with our so-called "Justice System" these days and why I would never vote for an ex-cop to be a Judge.

Loyd Neal, on the other hand, is a professional politician. That makes his qualifications highly questionable as well.

Personally, I'd look for a retired business manager who's used to dealing with large numbers of people, like an ex-City Manager. He or she would makes a better "Judge" in my opinion...

Tuesday, June 20, 2006

County Commissioners concerned about jail conditions

June 20, 2006 02:45 PM

CORPUS CHRISTI - Nueces County Commissioners said they're concerned about conditions inside the jail, after U.S. Marshals removed 55 federal inmates from the jail last Friday.

Sheriff Rebecca Stutts said the Nueces County Jail never shuts down. 24 hours a day, 7 days a week, 365 days a year people are inside the jail. So she said plumbing problems are bound to happen.

"When you look at 25,000 approximately that come through these doors every year and it's a 24 hour operation, it's non stop. You have to look at not only the age but the amount of use," said Sheriff Stutts.

Some of the biggest problems include clogged toilets and a lack of water pressure according to the sheriff, inside the over 30-year-old building.

"You're going to have instances, I think with the type of population we have, that we will have problems, and there is no doubt in my mind. We have a facility, possibly an aging facility that requires be updated and upkeep. No doubt," said Commissioner Peggy Banales.

Commissioner Chuck Cazalas said he's concerned with the conditions as well and would like a full report on problems this week. Problems, Sheriff Stutts said she's working on daily.

"The jail is a constant concern. The jail is something that any jail administrator, any sheriff will tell you, that is the focus of those administrators," Stutts said.

Commissioners said the potential loss of nearly $1 million per year for housing the inmates will hurt.

"Well it will probably have quite an impact on the county, however what I think is more important is that we resolve the issue. And I know the sheriff is working on doing that."

Sheriff Stutts said while Marshals did not approve of the jail conditions, the facility has received all necessary certification.

The U.S. Marshalls Service pay $45 per day to the county for housing federal inmates. For example, if the county held 60 federal inmates per day, it would mean revenue of $2,700 per day. In a year, that's a loss of $985,500 - nearly a million dollars.

The Marshalls took those inmates to jails in six other counties: Aransas, Jim Wells, Victoria, Karnes, Bee and Brooks. Officials with the Marshalls office said they will consider bringing the inmates back in the future, but no time table has been set.

The Aransas County Jail in Rockport, now houses about 70 federal inmates. Officials there said they have done a wonderful job with the inmates. This also means that Aransas County receives the $45 per day.

Sheriff Mark Gilliam said the federal money they've received over the past year has helped hire about five new people. He also said that federal inmates are actually the easiest to deal with.

Online Reporter: Shaun Hegarty

Friday, May 19, 2006

The Posse Comitatus Act. Why our choice for County Sherriff is so Important.

The original 1878 Posse Comitatus Act was indeed passed with the intent of removing the Army from domestic law enforcement. Posse comitatus means “the power of the county,” reflecting the inherent power of the old West county sheriff to call upon a posse of able-bodied men to supplement law enforcement assets and thereby maintain the peace. Following the Civil War, the Army had been used extensively throughout the South to maintain civil order, to enforce the policies of the Reconstruction era, and to ensure that any lingering sentiments of rebellion were crushed. However, in reaching those goals, the Army necessarily became involved in traditional police roles and in enforcing politically volatile Reconstruction-era policies. The stationing of federal troops at political events and polling places under the justification of maintaining domestic order became of increasing concern to Congress, which felt that the Army was becoming politicized and straying from its original national defense mission. The Posse Comitatus Act was passed to remove the Army from civilian law enforcement and to return it to its role of defending the borders of the United States.

Posse Comitatus Act
From Wikipedia, the free encyclopedia
Jump to: navigation, search
This article is about a United States statute prohibiting the use of the armed forces for law enforcement. For other uses see Posse comitatus (disambiguation).
The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385) passed in 1878 after the end of Reconstruction. The Act was intended to prohibit Federal troops from supervising elections in former Confederate states. It generally prohibits Federal military personnel and units of the United States National Guard under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Posse Comitatus Act and the Insurrection Act substantially limit the powers of the Federal government to use the military for law enforcement.
The original act referred only to the United States Army. The Air Force was added in 1956, and the Navy and the Marine Corps have been included by a regulation of the Department of Defense. This law is often mentioned when it appears that the Department of Defense is interfering in domestic disturbances.
1 Legislation
2 Limits on the Act
3 Homeland Security
3.1 Sense of Congress
4 See also
5 External links

The relevant legislation is as follows:
Sec. 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.

Limits on the Act
There are a number of situations in which the Act does not apply. These include:
National Guard units while under the authority of the governor of a state;
Troops when used pursuant to the Federal authority to quell domestic violence as was the case during the 1992 Los Angeles riots;
Troops used under the order of the President of the United States pursuant to the Insurrection Act
In December 1981 additional laws were enacted clarifying permissible military assistance to civilian law enforcement agencies—including the Coast Guard—especially in combating drug smuggling into the United States. Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance) while generally prohibiting direct participation of Department of Defense personnel in law enforcement (e.g., search, seizure, and arrests). For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard Navy vessels and perform the actual boardings of interdicted suspect drug smuggling vessels and, if needed, arrest their crews.
Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if civilian law enforcement is inadequate to address certain types of threat involving the release of nuclear materials, such as potential use of a Nuclear or Radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness.
The United States Coast Guard is not affected by the act during peacetime.

Homeland Security
TITLE 6 CHAPTER 1 SUBCHAPTER VIII Part H Sec. 466. Congress finds the following:
Section 1385 of title 18 (commonly known as the Posse Comitatus Act) prohibits the use of the Armed Forces as a Posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.
Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law.
The Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law.
Nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency.
Existing laws, including Title 10, Chapter 15 (commonly known as The Insurrection Act), and The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Title 42, Chapter 68), grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of mass destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order.

Sense of Congress
Congress reaffirms the continued importance of section 1385 of title 18, and it is the sense of Congress that nothing in this chapter should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.

See also
List of military actions by or within the United States

External links
18 U.S.C. § 1385 - Use of Army and Air Force as Posse Comitatus
The Myth of Posse Comitatus (Craig T. Trebilcock)
THE POSSE COMITATUS ACT: A PRINCIPLE IN NEED OF RENEWAL, Washington University Law Quarterly Vol 75 No. 2
The Rand Corporation Overview of the Posse Comitatus Act
Does the Posse Comitatus Act Still Exist?
Mold, Mildew, and the Military Role in Disaster Response, JURIST
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Categories: 1878 in law United States federal legislation United States military policies Law enforcement in the United States