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W.D.Ky.: Posse Comitatus Act not violated, but, even if it was, exclusionary rule would not apply

By John Wesley Hall, Jr.

NCIS child exploitation investigator working the internet had defendant to send child pornography pictures to her. Once it was determined that the defendant was not in the military, the investigation was turned over to local police. This did not violate the Posse Comitatus Act, 18 U.S.C. § 1385. Even if it did, the exclusionary rule would not apply. United States v. Holloway, 2011 U.S. Dist. LEXIS 8160 (W.D. Ky. January 27, 2011): The sexual exploitation of children is prohibited under the UCMJ. See United States v. Allen, 53 M.J. 402, 407 (C.A.A.F. 2000). Special Agent Lepovetsky’s under cover investigation was an attempt to stop the sexual exploitation of children as prohibited by the UCMJ. As such, her investigation falls under the independent military purpose exception...continue to full post

Full post as published by Fourth Amendment on January 31, 2011 (boomark / email).