BUT WILL YOU CHARGE THEM WITH A CRIME?

 So NYC is planning on using the state's National Guard inforce the law in the subway system ... so they say

Houwever when the story first broke, they said that part of the National Guards duties in the subway was to check people's bags for weapons ...

Hello - can we say 4TH AMENDMENT VIOLATION? 

After all, the National Guard does not have the same training as a pokice/peace officer, nor do they have the 4th Amendment override authority ....

4th Amendment, for those unfamiliar, is the one which deals with "Search and Seizure" of a person and/or person property.

Its what makes the police have to have a warrent to search you, your home, your car, your dog, your garbage (unless its on the curb for pick up), etc.

There are very few exceptions to the Amendment - if they are chasing a criminal and he runs into your house and they arrest him there, and you have drugs sitting out in plain sight -- you can be arrested even though you were not the original criminal.

If the police see you reaching into your pocket in a threatening manner - say in the middgle of an argument - they can assume you are going for a weapon and take you down.

The question is -- how do these things get transferred to the National Guard??

Members of the Guard are taught if you think someone has a weapon, take them down - without prejudice, pick up the pieces later ... 

Remember when the guy took down the guy on the subway who was shouting and threatening harm (at least that's what some people said, others said he didn't) ... the guy who took him down was a member of the military.
He took him down in basic, typical military style -- choke hold.

They CHARGED HIM!  He did what he was trained to do -- neutralize the situation  and deal with the fall out ... 

So if this happens in the subways ... what will happen?

This is NOT the reason the Natinal Guard was created.

They were created to deal with military actions within the US borders, each state and DC has their own National Guard units, the governmors of those states control when/where their units are deployed.
When National Guard is sent overseas, the governors have pledged their troops for use by the US to use as forces.
This way, the US did not have to have as many full-time, career, regular military forces ... I want to say this began under President Clinton, but it might have been under President Carter.

Either way -- it is NOT what they are trained for.

Police/Peace Officers are trained to deal with civilians
Military are trained to deal with combatants.

I just don't want us to have a really bad situation in America, which will put the Woke Folk on their heels, screaming that some 18 year old be thrown into jail, for doing what he was trained to do.

Do you know why they DRILL?

So it becomes Second Nature .... that is, they won't hesitate ... they won't panic ... they don't have to think of what to do ... it puts a "muscle memory" in place ...
It actually is not unusual for a soldier not to recall exactly how they did something, just that it was done.

And in the military - you WANT THAT ... but on the streets, not quite so much.

I feel a new situation coming on, like they had in MN during the protests.
People were told to get into their homes, they stayed on the porch, they were shot with rubber bullets - and now the NatGuard has lawsuits up the ying-yang ...

I do not think this is a situation any 18-21 yr old shuld be put into.