D.N.M.: M.R.E. 315 and 4A permit oral applications and search authorizations

M.R.E. 315 provides for search authorizations, and this one wasn’t an anticipatory warrant with conditions. Oral applications and authorizations are constitutionally proper per United States v. Brown, 784 F.2d 1033, 1036 (10th Cir. 1986). An Air Force regulation on the subject wasn’t binding and was advisory only because it was couched in permissive terms. Indeed, the regulation didn’t even appear to be commonly known among JAG lawyers. United States v. Justice, 2021 U.S. Dist. LEXIS 17264 (D.N.M. Jan. 29. 2021).

Defendant’s traffic stop for riding a bicycle at night without a light and on the wrong side of the street was factually justified. United States v. Jeffries, 2021 U.S. Dist. LEXIS 17408 (E.D. Mo. Jan. 29, 2021).*

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