United States v. Scarborough

OPINION OF THE COURT

Duncan, Chief Judge:

The Judge Advocate General, United States Army, has certified this case here on the question whether the United States Army Court of Military Review was correct in determining that the affidavit used to obtain a search warrant failed to establish probable cause.

The affidavit, made by Agent Rick P. Boetticher on February 23, 1972, is set out in the Appendix. It was presented to a judge of the United States Civil Administration Courts, Ryukyu Islands (USCAR), who, based on its recitals, issued a search warrant that turned up heroin in premises allegedly…