United States v. Winters

18 M.J. 609, 1984 CMR LEXIS 4241
CourtU S Air Force Court of Military Review
DecidedMay 31, 1984
DocketACM S26299
StatusPublished
Cited by1 cases

This text of 18 M.J. 609 (United States v. Winters) is published on Counsel Stack Legal Research, covering U S Air Force Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Winters, 18 M.J. 609, 1984 CMR LEXIS 4241 (usafctmilrev 1984).

Opinion

DECISION

HODGSON, Chief Judge:

The accused was convicted of various drug offenses involving marijuana and cocaine. The main thrust of his appeal centers on the search of his off-base apartment which he argues was unlawful because the affidavit supporting the search warrant “contained a misrepresentation” and created “a false impression.” We find this error to be without merit and affirm.

I

The facts are not in dispute. On 20 May 1983, a civilian magistrate issued a search warrant authorizing a search of the accused’s residence. Under this warrant, civilian police officers, with agents of the Office of Special Investigations (OSI) present, searched the accused’s apartment and seized quantities of marijuana and cocaine together with a substantial amount of drug-related paraphernalia. The search warrant was based on the affidavit of OSI Special Agent Michael Scott which in part stated:

On 5-09-83 your affiant was advised by a confidential informant that ... Jeffrey Howard Winters, residing at 5200 Canyon Crest, Apt # 90, in the city and county of Riverside, was actively engaged in the sale of controlled substance.
On or about 5-16-83 to 5-18-83 your affiant provided the confidential infor[611]*611mant (Cl) with an amount of federal recorded funds for the purchase of a quantity of controlled substance (cocaine) from ... Jeffrey Howard Winters, at 5200 Canyon Crest, Apt # 90, residence, (emphasis added)

The affidavit went on to state that the informant made a “controlled buy” from the accused on 16 May 1983. Citing Mil.R. Evid. 311(g)(1) and (2),

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Sloan
30 M.J. 741 (U S Air Force Court of Military Review, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
18 M.J. 609, 1984 CMR LEXIS 4241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-winters-usafctmilrev-1984.