United States v. Sparks

Opinion of the Court

Quinn, Judge:

The accused contends that certain evidence obtained as a result of a search authorized by his company commander should not have been admitted against him. The contention has two aspects: (1) That the facts presented to the commanding officer were insufficient to constitute probable cause; and (2) that the informant who furnished the information was not shown to be reliable.

In previous cases we have emphasized that the burden of appellate review would be materially eased if the application for authority to search was in writing. See United States v Hartsook, 15…