United States v. Jones

(concurring in part and dissenting in part);

I concur only in approving the finding of guilty of AWOL. I disagree with Judge Bridgman’s opinion that the search aboard the GLACIER was lawful.

As the opinion acknowledges, the contraband 1 found in Ambrose Jones’ locker was discovered in the course of a “search” as distinguished from an “inspection”. As the government conceded on oral argument, no probable cause to search Jones’ locker existed.

The view of the majority is that the search was reasonable, and therefor lawful, irrespective of probable cause. Today’s holding, then, is that a shakedown…