United States v. Mark Steven Hitchcock

OPINION

BETTY B. FLETCHER, Circuit Judge.

We must decide whether military participation in a civilian criminal investigation violated the Posse Comitatus Act or 10 U.S.C. § 375. Because we conclude that the military’s participation falls under the “independent military purpose” exception, we affirm the district court’s order denying Hitchcock’s motion to dismiss the charges against him or to suppress all evidence because of a violation of the Posse Comitatus Act and § 375. We must also decide whether evidence should be suppressed that was gathered under a search warrant obtained and executed on…