Legal Opinion
United States v. Chick
U S Air Force Court of Military Review
Decided March 9, 1990No. ACM 27997PublishedCited by 4 opinions
1Opinion of the Court
DECISION
KASTL, Senior Judge:
The inevitable discovery rule is legal dynamite. Improperly used, it can blow the Fourth Amendment to smithereens. Judiciously applied, it can implement the rationale behind the exclusionary rule. The difficulty lies in applying the rule with sufficient discretion so as to satisfy both the rights of the individual and those of military society.
Technical Sergeant Chick challenges his conviction for wrongful possession of marijuana and drug paraphernalia on 5 May 1989. The sole basis upon which his conviction for those offenses can be justified is the theory of…
2Cases cited18 opinions
- Nix v. WilliamsSupreme Court of the United States · 1984
- Miller v. United StatesSupreme Court of the United States · 1958
- United States v. Candelario Angulo-LopezCourt of Appeals for the Ninth Circuit · 1986
- United States v. James Thomas CherryCourt of Appeals for the Fifth Circuit · 1985
- People v. KnappNew York Court of Appeals · 1981
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3Cited by4 opinions
- United States v. MurrayUnited States Air Force Court of Criminal Appeals · 1995
- United States v. KordaU S Air Force Court of Military Review · 1992
- United States v. CarterU S Air Force Court of Military Review · 1990
- United States v. WilliamsUnited States Air Force Court of Criminal Appeals · 2000