United States v. Johnston

24 M.J. 271, 1987 CMA LEXIS 2564
CourtUnited States Court of Military Appeals
DecidedJuly 20, 1987
DocketNo. 54,824; NMCM Misc. Dkt. No. 85-24
StatusPublished
Cited by24 cases

This text of 24 M.J. 271 (United States v. Johnston) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Johnston, 24 M.J. 271, 1987 CMA LEXIS 2564 (cma 1987).

Opinions

Opinion of the Court

SULLIVAN, Judge:

Appellant was brought before a military judge at a special court-martial on the charge of wrongful use of marijuana, in violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a. Before entry of pleas, defense counsel moved to suppress the results of a urinalysis test ordered by the command. This motion was granted by the military judge, and the Government appealed his ruling to the United States Navy-Marine Corps Court of Military Review. Art. 62, UCMJ, 10 U.S.C. § 862. That Court reversed the military judge in an unpublished opinion and returned the record to the convening authority for further action.

Subsequently, appellant petitioned this Court for a review of that decision. He asks particularly:

WHETHER THE MILITARY JUDGE WAS CORRECT IN APPLYING THE EXCLUSIONARY RULE WHERE THE MILITARY JUDGE DETERMINED THAT THE RANDOM DATE SELECTION PROVISIONS OF COMNAVLOG-PACINST 5350.1 § 4a CONFERRED AN IMPORTANT SAFEGUARD TO THE PRIVACY OF APPELLANT AND THE GOVERNMENT FAILED TO COMPLY WITH THIS PROVISION.

We agree with the court below that the military judge erred as a matter of law in applying the exclusionary rule in this case. However, we do so for reasons different from the one proffered by the Court of Military Review.

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Bluebook (online)
24 M.J. 271, 1987 CMA LEXIS 2564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-johnston-cma-1987.