United States v. Ezell

I

I concur. Judge Perry’s opinion constitutes a well-reasoned and articulate enunciation of the civilian law of search and seizure as interpreted at the present time and as generally applied in courts-martial. Yet, the implication of that opinion, namely, that a servicemember is entitled under the Fourth Amendment to a probable cause determination by a “neutral and detached magistrate” as in the civilian community, becomes increasingly suspect to me. As indicated in my recent opinions in United States v. Harris, 5 M.J. 44 (C.M.A.1978); United States v. Rivera, 4 M.J. 215 (C.M.A. 1978); United…