United States v. Reagan

FLETCHER, Chief Judge:

This case1 presents three issues for our determination: first, a determination of the *491neutrality and detachment of the officer acting as a magistrate for the purpose of authorizing a search; next, whether he was empowered to authorize a search of appellant’s car and apartment located in a civilian community; and finally, whether the judge in this case committed reversible error in his acceptance of a stipulation amounting to a confession to the marihuana specifications. Despite appellant’s urging, we find it unnecessary to answer the first granted issue. The second and…