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."
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."
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.
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."
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.