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U.S. v. DREYER

No. 13-30077.

804 F.3d 1266 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Allan DREYER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 4, 2015.

Attorney(s) appearing for the Case

Erik B. Levin (argued), Law Office of Erik B. Levin, Berkeley, CA, for Defendant-Appellant.

Helen J. Brunner (argued), Marci Ellsworth, Assistant United States Attorneys; Scott A.C. Meisler , Criminal Division, Appellate Section, U.S. Department of Justice; Jenny A. Durkan , United States Attorney, and Annette L. Hayes , Acting United States Attorney, Western District of Washington, Seattle, WA, for Plaintiff-Appellee.

Hanni Fakhoury and Jennifer Lynch , Electronic Frontier Foundation, San Francisco, CA; Nancy L. Talner , T. Jared Friend , American Civil Liberties Union of Washington, Seattle, WA; Venkat Balasubramani , Focal PLLC, Seattle, WA; and David M. Porter , Co-Chair, National Association of Criminal Defense Lawyers Amici Curiae Committee, for amici curiae.

Opinion by Judge CHRISTEN; Concurrence by Judge BERZON; Concurrence by Judge REINHARDT; Concurrence by Judge OWENS; Concurrence by Judge SILVERMAN.

OPINION

This case requires us to decide whether a Naval Criminal Investigative Service agent's involvement in civilian law enforcement constitutes a violation of the Posse Comitatus Act, and if so, whether that violation warrants excluding evidence obtained as a result of the involvement. We

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