United States v. Lopez

The majority finds that the military judge was right when he found no probable cause for the search and wrong when he allowed appellant’s contraband ration cards into evidence by applying the good faith exception to the exclusionary rule (Mil.R. Evid. 311(b)(3)(C)). I disagree and dissent.

The probable cause question is a close one, and I fully acknowledge that the judge’s decision on that issue is quite supportable. Although I believe the judge was wrong, had that problem been standing alone, I might very well have deferred to him and to the majority and concurred. The majority’s refusal to…