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1982 Army Law. 1 (1982)

handle is hein.journals/armylaw1982 and id is 1 raw text is: the army LAWYER HEAOQUARTERB. DEPARTMENT OF THE ARMY Department of the Army Pamphlet 27-50-109 January 1982 Table of Contents The Citizen informant ............................. 1 TJAG Policy Letter 81-3 ........................... 2 ABA Young Lawyers Division Annual Meeting ..... 16 From the Desk of the Sergeant Major .............. 17 Criminal Law News ................................ 18 A Matter of Record ................................ 1 Judiciary Notes .................................... 19 Regulatory Law Items ............................. 20 Legal Assistance Items ............................ 21 Reserve Affairs Items .............................. 24 Bar Membership and Continuing Legal Education Requirements ......................... 26 TJAGSA Activities-Important Changes ........... 32 CLE News ......................................... 33 Current Materials of Interest ...................... 38 The Citizen Informant by LTC Herbert Green* Student, Armed Forces Staff College I. Introduction In Aguilar v. Texas, I Houston police officers when applying for a search warrant submitted an affidavit which read, in part: Affiants have received reliable informa- tion from a credible person and do believe that heroin, marijuana, barbituates, and other narcotics and narcotic paraphernalia are being kept at the above described premises for the purposes of sale and use contrary to the provision of the law.2 The search warrant was issued, narcotics seized, and the accused eventually convicted. On appeal the basic issue confronting the Su- preme Court was whether the issuing magis- trate was presented sufficient evidence from which he could conclude that probable cause for the search existed. The point of the Fourth Amendment, which often is not grasped by zealous police officers is not that it denies law en- *The author wishes to acknowledge the research assist- ance provided by Miss Margaret Reichenberg, a second year student at the University of Montana Law School. A378 U.S. 108 (1964). 378 U.S. at 109.

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