United States v. Fimmano

Opinion of the Court

PERRY, Judge: *

In this case, we examine the requirement contained in the Fourth Amendment to the Constitution that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation . . .” (emphasis supplied) and its applicability to searches and seizures in the military services. This Court has previously held that information *198presented to the official who authorizes searches and seizures need not be under oath or affirmation. United States v. Penman, 16 U.S.C.M.A. 67, 36 C.M.R. 223 (1966); United States v. Hartsook, 15 U.S. C.M.A. 291, 35 C.M.R. 263…