Mitchell v. Peake

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that an inspection regime and the need for military fitness and readiness does not preclude a servicemember’s reasonable expectation of privacy in the barracks
• recognizing that an 1 I agree with the majority that the Supreme Court has wavered regarding the import of the constitutional principles underlying Stanley. See United States v. 12 200-Ft. Reels of Super 8mm. Film, 413 U.S. 123, 126 (1973
• recognizing that an 1 I agree with the majority that the Supreme Court has wavered regarding the import of the constitutional principles underlying Stanley. See United States v. 12 200-Ft. Reels of Super 8mm. Film, 413 U.S. 123, 126 (1973
• recognizing expectation of privacy in barracks room
• “[I]f an intrusion on privacy is really an ‘inspection’ and complies with Mil. R. Evid. 313, no reasonable expectation of privacy has been violated; but if the purported inspection is only a subterfuge for a search or is not properly conducted, then a violation has occurred”
• “[I]f an intrusion on privacy is really an ‘inspection’ and complies with Mil. R. Evid. 313, no reasonable expectation of privacy has been violated; but if the purported inspection is only a subterfuge for a search or is not properly conducted, then a violation has occurred.”

Source: CourtListener parenthetical corpus (CC0).