United States v. Van Hoose

DECISION

POWELL, Senior Judge:

We decide that sexually oriented magazines, devices and information written on a piece of paper, found during an authorized and lawful search for marijuana and related paraphernalia, were not legally seizable under the “plain view” doctrine. There was no probable cause to believe at the time of seizure that the items seized were evidence of any crime. Therefore, the materials, as well as testimony of two witnesses derived from the information seized, were inadmissible in evidence at the accused’s court-martial. We dismiss four specifications, affirm eight…