Much of our Constitution and Bill of Rights comes directly from the experience of the Founding Fathers with the folks who've since been termed "Redcoats," (British regulars) that is to say, a reaction to the abuses suffered under their performance of various police and patrol functions in our latter colonial experience.
you're confusing military action after the colonies were in rebellion with police work. occupied territory after the revolution began was subject to martial law....because there was, like, a war going on.
during the pre-war colonial period, troops did not do police work. they had no authority to do so, and were afraid of colonial legal authorities.
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