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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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