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Probable Cause and the Informer

By Gilligan, Francis A., Major

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Book Id: WPLBN0000672638
Format Type: PDF eBook
File Size: 1.46 MB.
Reproduction Date: 2005
Full Text

Title: Probable Cause and the Informer  
Author: Gilligan, Francis A., Major
Volume:
Language: English
Subject: Government publications, Armed Forces, Military law
Collections: Military Law Review
Historic
Publication Date:
Publisher: Government Publication

Description
Military Law Review

Excerpt
Introduction: have expressed a preference for searches authorized by a magistrate. In the military a military judge or a commanding officer takes the place of the magistrate. Perspective in this area may be gained by recognizing three ways in which information as to criminal activity may reach the magistrate. One, in the rare case, he may personally observe criminal activity or its fruits. Two, he may personally confront the person who has seen the criminal activity or evidence of its fruits. In the civilian context this person will typically be a police officer. In the military a CID agent or merely a member of the commander?s unit may be the informer. Three, the person directly confronting the magistrate is basing his evidence about criminal activity or its fruits wholly or in part on information obtained from third parties who are not present before the magistrate. These parties may or may not be identified. Throughout the area

 

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