Legal Opinion

United States v. Racz

United States Court of Military Appeals

Decided July 23, 1971No. 24,079PublishedCited by 12 opinions

1Opinion of the Court

Opinion of the Court

Quinn, Judge:

Reviewing the accused’s conviction for a number of offenses, including wrongful possession of a large quantity of marihuana and a separate charge of wrongful possession of opium, the United States Army Court of Military Review determined that a search of the accused’s living quarters conducted by his commanding officer was illegal because not predicated on probable cause. As a result, the court dismissed the opium specification and modified the marihuana specification by reducing the quantity to accord with evidence Indicating earlier possession of a lesser…

2Cases cited3 opinions

  1. United States v. BurnsideUnited States Court of Military Appeals · 1965
  2. United States v. MooreUnited States Court of Military Appeals · 1970
  3. United States v. ElwoodUnited States Court of Military Appeals · 1970

3Cited by12 opinions

  1. United States v. HendrixUnited States Court of Military Appeals · 1972
  2. United States v. GibbinsUnited States Court of Military Appeals · 1972
  3. United States v. MillerUnited States Court of Military Appeals · 1971
  4. United States v. ChickU S Air Force Court of Military Review · 1990
  5. United States v. WhitingU S Air Force Court of Military Review · 1982

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