United States v. Carter

I concur in part and dissent in part.

I agree with Judge Kilday’s scholarly discussion of the issue regarding search and seizure and the determination that no illegality is to be found here. A search conducted by American officers for the recovery of the fruits of crime, based on probable cause and authorized by a proper person, is to be governed by American law when its product is' tendered in evidence at a United States court-martial. It is to the United States Constitution that we must look in measuring the exercise of Federal power, and by its standards we must be guided in the receipt of…