United States v. Stoecker

13 M.J. 879, 1982 CMR LEXIS 962
CourtU.S. Army Court of Military Review
DecidedJune 11, 1982
DocketCM 441264
StatusPublished
Cited by1 cases

This text of 13 M.J. 879 (United States v. Stoecker) is published on Counsel Stack Legal Research, covering U.S. Army Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Stoecker, 13 M.J. 879, 1982 CMR LEXIS 962 (usarmymilrev 1982).

Opinion

[880]*880OPINION OP THE COURT

McKAY, Judge:

The appellant was convicted by a general court-martial, contrary to his pleas, of larceny of government property of a value of about $6,122.53, and possession of 8.13 grams of marihuana in violation of Articles 121 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 921 and 934 (1976). The convening authority approved the adjudged sentence of reduction to the grade of E-l, forfeiture of $100.00 pay per month for 12 months and confinement for 12 months.

The primary issue before this Court is whether the appellant’s surreptitious attempt to conceal an object on his person during a search of his barracks room must be regarded as a withdrawal as to that object of his previous written consent to the search of his room. If this question is answered in the negative, issues are then presented whether search of the object sought to be concealed was outside the scope of the consent search and whether its seizure was otherwise legal.

The record reveals that during an investigation of a reported larceny of government property, Staff Sergeant Joseph A. Schopper, a military police investigator, identified himself to appellant as an investigator and advised him that he was suspected of stealing an oscilloscope and a tool set from a warehouse where he worked. Schopper did not warn the appellant of his rights under Article 31, Uniform Code of Military Justice, 10 U.S.C. § 831 (1976) (hereinafter UCMJ), as he did not intend to question him.

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Related

United States v. Stoecker
17 M.J. 158 (United States Court of Military Appeals, 1984)

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Bluebook (online)
13 M.J. 879, 1982 CMR LEXIS 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-stoecker-usarmymilrev-1982.