Sep 132014
 
 September 13, 2014  Court, Surveillance, U.S.

From the 9th Circuit Court of Appeals, this summary from Justia:

United States v. Dreyer
Docket: 13-30077
Opinion Date: September 12, 2014
Judge: Berzon

Defendant appealed his conviction of one count of distributing child pornography and one count of possessing child pornography. An NCIS agent investigating online criminal activity of persons in Washington state found evidence of criminal conduct by defendant, a civilian, and gave the information to civilian law enforcement officials.

On appeal, defendant argued that the fruits of the NCIS investigation into his online file sharing should have been suppressed because military enforcement of civilian laws is prohibited. In United States v. Chon, the court held that the Posse Comitatus Act (PCA), 18 U.S.C. 1385, prohibits Army and Air Force military personnel from participating in civilian law enforcement. The court reaffirmed Chon’s
holding that NCIS agents are bound by PCA-like restrictions on direct assistance to civilian law enforcement. In this case, the NCIS agent’s actions amounted to direct assistance to civilian law enforcement and violated the regulations and policies proscribing direct military enforcement of civilian laws. The court found that the district court erred in denying defendant’s motion to suppress where there was abundant evidence that the violation at issue has occurred repeatedly and frequently, and that the government believes that its conduct is permissible. The court remanded for further proceedings.

View Case:
http://j.st/ZxQY?utm_source=Justia+Law&utm_campaign=f9765f78b1-summary_newsletters_jurisdictions&utm_medium=email&utm_term=0_92aabbfa32-f9765f78b1-406052753

View Case on Google Scholar:
http://scholar.google.com/scholar?hl=en&q=United+States+v.+Dreyer+13-30077&btnI=Lucky&as_sdt=2%2C57&scilh=0&utm_source=Justia+Law&utm_campaign=f9765f78b1-summary_newsletters_jurisdictions&utm_medium=email&utm_term=0_92aabbfa32-f9765f78b1-406052753

  2 Responses to “Military cannot investigate civilians – 9th Circuit Court of Appeals”

  1. So the military (NCIS) can’t investigate civilians? Then why is every alphabet soup agency spying on us? What about Five Eyes?
    https://en.wikipedia.org/wiki/Five_Eyes

    Here’s a few examples of the U.S. military spying on Americans:

    Documents confirm US military spying on antiwar groups:
    http://www.wsws.org/en/articles/2014/03/01/anti-m01.html

    Declassified Docs Reveal Military Operative Spied on WA Peace Groups, Activist Friends Stunned:
    http://www.democracynow.org/2009/7/28/broadcast_exclusive_declassified_docs_reveal_military

    US military spy operation that manipulates social media:
    http://www.theguardian.com/technology/2011/mar/17/us-spy-operation-social-networks

    Is the Pentagon spying on Americans?
    http://www.nbcnews.com/id/10454316/ns/nbc_nightly_news_with_brian_williams-nbc_news_investigates/t/pentagon-spying-americans/

  2. One more example…

    White House defends NSA collecting emails of innocent Internet users:
    http://endthelie.com/2014/07/07/white-house-defends-nsa-collecting-emails-of-innocent-internet-users/

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