United States v. Lopez

I write separately to set forth my view on several aspects of the lead opinion and my basis for concurring with the majority’s disposition of this appeal.

I

I offer no view as to whether Major Harrison had probable cause when he authorized the search here in question. Both the military judge and the Court of Military Review concluded that Harrison did not have probable cause. 32 MJ 924, 927 (1991). I view that conclusion in the accused’s favor as the law of the case, see United States v. Ravenel, 26 MJ 344, 350 n. 5 (CMA 1988), and, thus, will not reevaluate it here. Accordingly, I do not…