Kim v. State

I dissent from the court’s dismissal of the petition as improvidently granted. In my view, the Anchorage police may not solicit the Army’s direct assistance to enforce state laws against civilians in a civilian area. To employ such assistance is a violation of the Posse Comitatus Act, related statutes and implementing regulations. Based on my study of the record, I would grant the petition, hold that the Act had been violated, and require the exclusion of all evidence obtained with the Army’s illegal assistance.

FACTS

Petitioners do not contest the facts set out in Moon v. State, 785 P.2d 45,…