According to this marshal law has not been declared.
If it was declared I beleive the PD Superintendent would be completely out of the loop and as of now he certainly doesn`t have the power to rewrite laws.
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WASHINGTON (CNN) -- A catastrophe such as Hurricane Katrina has shown how lines of authority can become blurred when it comes to handling an emergency. CNN spoke with a number of legal experts to discuss the law governing the removal of residents from New Orleans.
Q. Has martial law been declared in Louisiana?
A. No.
"People are using that term far too loosely," said Duke University School of Law professor Scott Silliman. "Martial law can only be imposed by a governor or the president of the United States when there is a total absence of any governing authority (meaning no courts, etc). Martial law allows the federal military to come in to preserve the country."
This has not happened.
Q. Who declares the authority to forcibly remove residents in New Orleans?
A. Louisiana Gov. Kathleen Blanco.
The governor is given broad authority under the Louisiana Homeland Security and Emergency Assistance and Disaster Act. It allows her to "direct and compel" the evacuation of all or part of the population from any stricken or threatened area within the state if life is at stake or if such evacuation is necessary for the mitigation of, response to, and recovery from a disaster.
A public health emergency prompted Gov. Blanco to declare a state of emergency on August 29, 2005. The declaration allows her to use the National Guard for purposes including law enforcement. Note that she does not have the power to use federal troops; only the National Guard. This police power is always found in state law and can be used for public health emergencies when lives are in danger. Gov. Blanco also has the authority to direct New Orleans Mayor Ray Nagin to use the National Guard and police to forcibly remove New Orleans residents because of the public health dangers arising from toxic waters, Silliman said.
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