United States v. Rivera

At trial, the accused challenged the admissibility of evidence obtained in a search on the ground that probable cause did not exist to justify Captain Moncure’s' authorization to search. Neither directly nor indirectly did the accused assert that Captain Moncure was disqualified to issue an authorization because he had become “personally involved ... in the investigative or prosecutorial process against the accused.” United States v. Ezell, 6 M.J. 307, 318 (C.M.A.1979). In my opinion, the failure to interpose objection at trial to Captain Moncure’s actions on the ground of personal…