United States v. Hitchcock
United States Court of Appeals for the Ninth Circuit
286 F.3d 1064 (2002)
- Written by Rich Walter, JD
Facts
The United States Navy investigated reports of illegal drug use on a Marine base. The Navy suspected Mark Hitchcock (defendant) of distributing the drugs. When it became clear that Hitchcock was a civilian, the Navy turned over the investigation’s lead role to the Drug Enforcement Administration (DEA) and took a junior role in the investigation. As a result of the investigation, Hitchcock was tried in federal district court. Hitchcock moved to dismiss the case and suppress all evidence on the grounds that the Navy’s involvement violated the Posse Comitatus Act of 1878 (PCA) and tainted the investigation. The district court denied the motion. Hitchcock appealed to the Ninth Circuit.
Rule of Law
Issue
Holding and Reasoning (Fletcher, J.)
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