Legal Opinion · Dissent

United States v. Carter

United States Court of Military Appeals

Decided August 27, 1965No. 18,474Published

1DissentFerguson, Judge

I dissent.

An accused of apparently nondescript size and no fistic ability is threatened, put upon, has his clothing torn off, and is physically restrained by the heavyweight champion of the United States Army until he surren*500ders money in his possession and makes apologetic statements which seal his guilt of the crime of larceny. My brothers see this as nothing more than a private search conducted by a volunteer. In so acting, I believe they misapprehend the import of our own cases, and the declaration of the Supreme Court that:

“The constitutional privilege against self-incrimination grows out…

2Cases cited9 opinions

  1. Burdeau v. McDowellSupreme Court of the United States · 1921
  2. United States v. WhiteSupreme Court of the United States · 1944
  3. United States v. TaylorUnited States Court of Military Appeals · 1954
  4. United States v. BennettUnited States Court of Military Appeals · 1956
  5. United States v. TrojanowskiUnited States Court of Military Appeals · 1954

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