United States v. Lewis

FLETCHER, Judge

(concurring in the result):

I find the doctrine of “plain view” fatally undermines the appellant’s fourth amendment claim in this case. Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L. Ed.2d 1067 (1968).

Turning to the second part of the majority opinion, I agree that our decisions in United States v. McAnally, 10 M.J. 270 (C.M.A.1981), and United States v. Clay, 10 M.J. 269 (C.M.A.1981), make it unnecessary to answer the certified question. See United States v. Parker, 10 M.J. 415 (C.M.A. 1981), and United States v. Fowler, 9 M.J. 149 (C.M.A.1980).