9th Circuit Smacks NCIS for Violating Posse Comitatus

[lawrocket 3]

[Url]cdn.ca9.uscourts.gov/datastore/opinions/2014/09/12/13-30077.pdf[/url]

US v. Meyer. Guy gets convicted for possession of child porn. Ninth reverses and throws out the evidence. Why? Because the NCIS found it by searching computers that used a file sharing site. NCIS means Navy. That implicates Posse Comitatus (not the statute, but regulations).

Take a look at what the NCIS was doing. Think about what other agencies may be doing the same thing. Look at the concurrence: "If the military chooses to become a national police force to detect civilians committing civilian crimes, the Navy would be the branch to use..."

Good job on the Ninth.

My wife is hotter than your wife.

[ryoder 1,590]

WTH???
Is NCIS short on things to do actually related to their purpose?

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[Amazon 7]

lawrocket

[Url]cdn.ca9.uscourts.gov/datastore/opinions/2014/09/12/13-30077.pdf[/url]

US v. Meyer. Guy gets convicted for possession of child porn. Ninth reverses and throws out the evidence. Why? Because the NCIS found it by searching computers that used a file sharing site. NCIS means Navy. That implicates Posse Comitatus (not the statute, but regulations).

Take a look at what the NCIS was doing. Think about what other agencies may be doing the same thing. Look at the concurrence: "If the military chooses to become a national police force to detect civilians committing civilian crimes, the Navy would be the branch to use..."

Good job on the Ninth.

Oh oh.. Gunny Gibbs is gonna be peeved.

[jtiflyer 0]

Amazon

***[Url]cdn.ca9.uscourts.gov/datastore/opinions/2014/09/12/13-30077.pdf[/url]

US v. Meyer. Guy gets convicted for possession of child porn. Ninth reverses and throws out the evidence. Why? Because the NCIS found it by searching computers that used a file sharing site. NCIS means Navy. That implicates Posse Comitatus (not the statute, but regulations).

Take a look at what the NCIS was doing. Think about what other agencies may be doing the same thing. Look at the concurrence: "If the military chooses to become a national police force to detect civilians committing civilian crimes, the Navy would be the branch to use..."

Good job on the Ninth.

Oh oh.. Gunny Gibbs is gonna be peeved.


Sounds like McGee is gonna be looking for a new job soon. While I love that show, holy crap do they break a lot of laws to get their guy.

[Andy9o8 3]

Quote

Good job on the Ninth.

Agreed.

And I disagree with Judge O'Scannlain's partial dissent, criticizing the applicability of the exclusionary rule to this case. Long story short, both the rhetoric and the reasoning it uses (like revealing, IMO, personal bias against the defendant because he's a "convicted pornographer", and parroting the classic standard talking points of opponents to the exclusionary rule) fits in with the opinions I've read and heard from other ideologically conservative judges and lawyers who just plain don't like the exclusionary rule, and are ideologically pro-prosecution.

As one can see from his Wikipedia biography, he is ideologically very conservative, and apparently very pro-police and pro-prosecution. While his partial dissenting opinion certainly preaches to the pro-prosecution choir, I really doubt its "persuasive authority" will sway many moderate jurists in future cases.