Legal Opinion · Concurring in part, dissenting in part
United States v. Ezell
United States Court of Military Appeals
Decided April 9, 1979No. Nos. 31,304, 32,414, 33,326, 33,679; CM 432699, SPCM 11087, NCM 76-0838, ACM 22036Published
1Concurring in part, dissenting in partCook, Judge
An undeviating line of cases in this Court has acknowledged that a commanding officer is qualified to act as a neutral and detached magistrate to authorize a search in the military community.1 Every civilian case of which I am aware that has considered the matter has also reached that conclusion.2 I unreservedly agree, there*331fore, that, as summarized in paragraph 152, Manual for Courts-Martial, United States, 1969 (Revised edition), a commanding officer is inherently qualified and empowered to authorize a search. See my opinion in United States v. Roberts, 2 M.J. 31, 36 (C.M.A.1976). I also…
2Cases cited41 opinions
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Heller v. New YorkSupreme Court of the United States · 1973
- Shadwick v. City of TampaSupreme Court of the United States · 1972
- Connally v. GeorgiaSupreme Court of the United States · 1977
- United States v. Elvin Lee BynumCourt of Appeals for the Second Circuit · 1973
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