United States v. Fimmano

Today, the majority wipes out 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 cannot participate in that expungement. I cannot do so because, in my opinion, substantial differences between the military and civilian communities sanction a different application of the dictates of the Fourth Amendment.

Only six months ago, the Court unanimously reaffirmed the authority of a commander to authorize a search, notwithstanding he has “many functions that…