Legal Opinion · Concurrence

United States v. Allen

Court of Appeals for the Armed Forces

Decided August 30, 2000No. 99-0788/APublished

1ConcurrenceSullivan, Judge

There was no prejudicial error when the military judge denied appellant’s motion to suppress evidence seized from appellant’s home and from Super Zippo. Regarding the warrant obtained by the local civilian law enforcement officials to search appellant’s home, there was no violation of the Posse Comitatus Act, see United States v. Thompson, 33 MJ 218 (CMA 1991), and the totality of the circumstances establish that the magistrate judge had sufficient information to determine that probable cause existed. See United States v. Monroe, 52 MJ 326 (2000). Appellant does not have a constitutional…

2Cases cited6 opinions

  1. United States v. MaxwellCourt of Appeals for the Armed Forces · 1996
  2. United States v. MonroeCourt of Appeals for the Armed Forces · 2000
  3. United States v. Byron Lester ThompsonCourt of Appeals for the Eleventh Circuit · 1991
  4. United States v. HendersonUnited States Court of Military Appeals · 1992
  5. United States v. ThompsonUnited States Court of Military Appeals · 1991

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