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AFCCA: Applying GFE, Mil. R. Evid. 311(b)(3)

By John Wesley Hall, Jr.

In an IAC claim, defendant would lose on the merits of the search both because there was PC and because the GFE, Mil. R. Ev. 311(b)(3), applied. United States v. Orona, 2009 CCA LEXIS 345 (A.F. Ct. Crim. App. September 14, 2009): In the case sub judice, the military judge addressed the three prongs of Mil. R. Evid. 311(b)(3) and found that they were all met. We agree. Concerning the first prong, the military judge concluded that the warrant was issued by a competent authority. On this point, we note that the evidence highlights the magistrate was a competent authority to issue the search authorization. With regard to the second prong, the military judge concluded that there was no evidence that Special Agent MB provided false information to the magistrate or that Special Agent MB acted in bad faith by failing to advise the magistrate that the appellant's background showed no pedophilia tendencies...continue to full post

Full post as published by Fourth Amendment on September 26, 2009 (boomark / email).