United States v. Turner

33 M.J. 40, 1991 CMA LEXIS 842, 1991 WL 172192
CourtUnited States Court of Military Appeals
DecidedSeptember 3, 1991
DocketNo. 65,020; CM 8902255
StatusPublished
Cited by14 cases

This text of 33 M.J. 40 (United States v. Turner) 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. Turner, 33 M.J. 40, 1991 CMA LEXIS 842, 1991 WL 172192 (cma 1991).

Opinions

Opinion of the Court

COX, Judge:

Today we decide whether a servicemember obstructed military justice when she presented a false urine sample during a random, command-directed urinalysis inspection. 32 MJ 41. See Art. 134, Uniform Code of Military Justice, 10 USC § 934. We hold that she did not because the test was administered as part of a unit inspection and, therefore, her action, although an attempt to preclude the discovery of her recent drug use, did not amount to obstruction of military justice.

I

Appellant admitted during the providence inquiry that sometime between January 3 and 17, 1989, she knowingly and wrongfully used cocaine. On January 18, 1989, appellant was required to participate in her unit’s command-directed unit urinalysis inspection. When appellant’s time came to present her urine sample, she became fearful that her recent drug use would be [41]*41detected. To avoid such detection, appellant dipped the specimen cup (supplied for the test) in the toilet and submitted toilet water as her urine specimen. Personnel conducting the test immediately recognized the specimen for what it was — cold toilet water. Appellant was then told to provide yet another sample. This time, per instructions, appellant supplied her own urine. Subsequently, the “true” urine sample tested positive for cocaine use. Appellant was charged with, and pursuant to her pleas, was convicted of obstructing justice.

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Bluebook (online)
33 M.J. 40, 1991 CMA LEXIS 842, 1991 WL 172192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-turner-cma-1991.