The naval investigative service’s role in the case “amounts to the military acting as a national police force to investigate civilian law violations by civilians,” Judge Andrew Kleinfeld wrote in a concurring opinion.
“Letting a criminal go free to deter national military investigation of civilians is worth it,” Judge Kleinfeld wrote, defending the mandate to exclude the computer evidence in any retrial.
The crime is abhorrent. However, to allow the breaking of Posse Comitatus will be the camels nose under the tent.
If you think SWAT raids, now, are over-use of violence. Just wait until a squad of Marines does dynamic entry to a home inside the US.