Guardian Angels: No Authority to Make Arrests
Friday, May 23rd, 2008
December 22, 2007
Dear Senator Creem,
A Boston Police Force’s supervisor has recently stated his intent to collaborate with out-of-state “Guardian Angels,” and allow them to participate in making arrests.
However, allowing an out-of-state organization to provide official law enforcement services is illegal.
Article 1, Section 8 states:
Congress shall provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
This means that States must hire officers and train the militia. There is no enumeration in the U.S. Constitution that provides funding or authorization for a civilian police force to collaborate with a non-official, out-of-state group such as the Guardian Angels.
This means that official collaboration with the Guardian Angels, a group which has just recently appeared on the scene in the Commonwealth expressing their intention to “aid” the local police in Boston isn’t legal.
Guardian Angels are not a publicly supported organization. These individuals are not local, are not accountable to local laws, and therefore, are not accountable to local residents. In essence, their presence in the Commonwealth constitutes the presence of non-local police forces. Mainstream media has reported on their presence as well-meaning; however, in the absence of an emergency, only local police have the legal right to police local areas. No official cooperation between local police and out-of-state forces should have been sanctioned by the governor’s office.
In consideration of the above, I request that you write Governor Patrick to request information as to what law gives local police the right to allow non-local “forces” the right to aid in local Boston arrests (as was mentioned by the April 3, 2007 Boston Globe)? I ask that immediate action be taken to establish the official position that only local police may provide police services in local areas and that Guardian Angels receive no official recognition by local police or the governor’s office and their presence here be discouraged by elected officials. It is against the interests of a secure Commonwealth to encourage acceptance of non-local police services.
Sincerely,
Susan F. Allen, M.Ed.