United States v. Irizarry

Judge STUCKY

delivered the opinion of the court:1

We granted review to determine whether the military judge erred in refusing to suppress military property seized by Appellant’s first sergeant after a warrantless entry into Appellant’s off-base apartment. We hold that the military judge did not abuse his discretion. Under the facts and circumstances of this case, Appellant’s Fourth Amendment rights were not violated because the entry into his apartment was not unreasonable.

I. Posture of the Case

Contrary to his pleas, Appellant was convicted by officer members in a general court-martial of one…