United States v. Fimmano

I agree with the majority opinion of Judge Perry, but I write to address the other separate opinion herein, lest it mislead the reader in some important respects as to what the Court does today.

*203Judge Cook bemoans what he perceives as a departure herein from “two centuries of military practice and nearly three decades of decision in this Court to hold that an authorization to search must be based on information provided under an oath or affirmation.” I suggest, instead, that what this Court finally has done is to examine the dictates of the Constitution of the United States in this one regard…