United States v. Atkins

OPINION OF THE COURT

WOLD* Senior Judge:

The principal issue before us in this case is whether a portable generator was unlawfully seized from appellant’s residence as the result of an unlawful search.

The generator was found in the garage of appellant’s off-post residence by two civilian police officers who had come onto appellant’s property without a warrant. The attention of the civilian police was initially attracted to appellant’s property by the sound of a loud motor which the civilian police heard while driving down the street in front of appellant’s house. The civilian police stopped…