Legal Opinion · Dissent

United States v. Cote

Court of Appeals for the Armed Forces

Decided March 8, 2013No. 12-0522/AFPublished

1DissentRyan, Judge

A military judge’s ruling on a motion to suppress is reviewed for an abuse of discretion. United States v. Cowgill, 68 M.J. 388, 390 (C.A.A.F.2010). “ ‘An abuse of discretion occurs if the military judge’s findings of fact are clearly erroneous or if the decision is influenced by an erroneous view of the law.’ ” Id. (quoting United States v. Quintanilla, 63 M.J. 29, 35 (C.A.A.F.2006)). Here, the military judge excluded the evidence seized during the search of Appellant’s hard drive solely because the search was “executed well outside the time period” set forth in the warrant without…

2Cases cited18 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. Florida v. JimenoSupreme Court of the United States · 1991
  3. Ybarra v. IllinoisSupreme Court of the United States · 1980
  4. Dalia v. United StatesSupreme Court of the United States · 1979
  5. United States v. RamirezSupreme Court of the United States · 1998

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