Legal Opinion · Dissent

United States v. Hatfield

U S Air Force Court of Military Review

Decided February 7, 1980No. ACM S24796Published

1DissentMiles, Judge

I disagree with the conclusion of my learned brothers that the record contains insufficient information to establish probable cause to search the accused’s car, thus holding a vial found in the car, containing methamphetamine, to have been improperly seized. The person who must determine the existence of probable cause must do so on the basis of the total information provided to him in the light of the practical circumstances surrounding the decision to search. United States v. Wade, 1 M.J. 600 (A.C.M.R.1975), pet denied, 5 M.J. 91 (C.M.A.1978). Information furnished the search authorizing…

2Cases cited3 opinions

  1. United States v. WadeU.S. Army Court of Military Review · 1975
  2. United States v. WeekleyU S Air Force Court of Military Review · 1977
  3. United States v. BrownUnited States Court of Military Appeals · 1972

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