U.S. v. Hitchcock

5 Citing cases

  1. U.S. v. Hitchcock

    286 F.3d 1064 (9th Cir. 2002)   Cited 44 times   1 Legal Analyses
    Holding the good-faith exception does not apply where "there is no dispute about the search warrant's validity but only about whether the agents executed the warrant before it was effective."

    After hearing oral argument, the district court held that NCIS and CID involvement in the DEA's investigation of Hitchcock did not violate the PCA or § 375 because the military had only rendered "indirect assistance" to civilian law enforcement and such assistance is not prohibited by the acts. United States v. Hitchcock, 103 F.Supp.2d 1226, 1229-30 (D.Hawai'i 1999). Alternatively, the court held that the investigation did not violate the acts because the military's participation arose out of "legitimate military concerns."

  2. U.S. v. Hitchcock

    263 F.3d 878 (9th Cir. 2001)   Cited 1 times

    After hearing oral argument, the district court held that NCIS and CID involvement in the DEA's investigation of Hitchcock did not violate the PCA or § 375 because the military had only rendered "indirect assistance" to civilian law enforcement and such assistance is not prohibited by the acts. United States v. Hitchcock, 103 F.Supp.2d 1226, 1229-30 (D.Hawai'i 1999). Alternatively, the court held that the investigation did not violate the acts because the military's participation arose out of "legitimate military concerns."

  3. United States v. Hitchcock

    00-10251oa (9th Cir. May. 15, 2001)

    After hearing oral argument, the district court held that NCIS and CID involvement in the DEA’s investigation of Hitchcock did not violate the PCA or § 375 because the military had only rendered "indirect assistance" to civilian law enforcement and such assistance is not prohibited by the acts.United States v. Hitchcock, 103 F.Supp.2d 1226, 1229-30 (D. Hawai’i 1999). Alternatively, the court held that the investigation did not violate the acts because the military’s participation arose out of "legitimate military concerns."Id. at 1230.

  4. USA .v. Hitchcock

    No. 00-10251 (9th Cir. May. 15, 2001)

    After hearing oral argument, the district court held that NCIS and CID involvement in the DEA's investigation of Hitchcock did not violate the PCA or § 375 because the military had only rendered "indirect assistance" to civilian law enforcement and such assistance is not prohibited by the acts. United States v. Hitchcock, 103 F.Supp.2d 1226, 1229-30 (D. Hawai'i 1999). Alternatively, the court held that the investigation did not violate the acts because the military's participation arose out of "legitimate military concerns."

  5. State v. Charles Tung Min Yuen

    No. CAAP-21-0000679 (Haw. Ct. App. Sep. 22, 2023)

    The Ninth Circuit uses three tests to determine whether military involvement in civilian law enforcement was an exception to the PCA: "The involvement must not 'constitute the exercise of regulatory, proscriptive, or compulsory military power,' must not 'amount to direct active involvement in the execution of the laws,' and must not 'pervade the activities of civilian authorities.'" United States v. Khan, 35 F.3d 426, 431 (9th Cir. 1994) (quoting United States v. Yunis, 924 F.2d 1086, 1094 (D.C. Cir. 1991)); see also United States v. Hitchcock, 103 F.Supp.2d 1226, 1228 (D. Haw. 1999). "If any one of these tests is met, the assistance is not indirect." Khan, 35 F.3d at 431.