United States v. Michael Dreyer

OWENS, Circuit Judge, joined by SILVERMAN and CALLAHAN, Circuit Judges,

concurring in the judgment:

The majority correctly affirms the district court’s denial of Dreyer’s motion to suppress, and recognizes that “[cjourts do not invoke the exclusionary rule absent compelling circumstances.” Majority at 1278 (citing Hudson v. Michigan, 547 U.S. 586, 591, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006), and Sanchez-Llamas v. Oregon, 548 U.S. 331, 347-48, 126 S.Ct. 2669, 165 L.Ed.2d 557 (2006)). But it says that future violations of the Posse Comitatus Act (PCA) could lead to suppression. Majority at 1279-80…