United States v. Wood

25 M.J. 46, 1987 CMA LEXIS 3965
CourtUnited States Court of Military Appeals
DecidedSeptember 23, 1987
DocketNo. 55,469; NMCM 85 4078
StatusPublished
Cited by18 cases

This text of 25 M.J. 46 (United States v. Wood) 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. Wood, 25 M.J. 46, 1987 CMA LEXIS 3965 (cma 1987).

Opinion

OPINION OF THE COURT

SULLIVAN, Judge:

At the Naval Legal Service Office, Long Beach, California, the military judge found appellant guilty of wrongful use of marijuana, in violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a. On May 29, 1985, the judge sentenced him to a bad-conduct discharge, confinement for 1 month, forfeiture of $280.00 pay for 1 month, and reduction to the lowest enlisted grade. The convening authority approved, and the Court of Military Review affirmed, the findings and sentence.

This Court granted review of the following issues:

I
WHETHER THE JUDGE ERRED AS A MATTER OF LAW WHEN HE FOUND APPELLANT’S APPREHENSION WAS ILLEGAL BECAUSE IT WAS NOT BASED ON PROBABLE CAUSE.
II
WHETHER THE JUDGE ERRED WHEN HE RULED THAT APPEL[47]*47LANT’S URINE WAS SEIZED IN A REASONABLE GOOD FAITH RELIANCE ON A SEARCH WARRANT SINCE THE SEARCH AUTHORIZATION WAS SECURED BY A MASTER-AT-ARMS WITH EVIDENCE ILLEGALLY OBTAINED FROM APPELLANT AFTER APPELLANT HAD BEEN ILLEGALLY APPREHENDED.

We hold that probable cause did exist for appellant’s arrest, so he was lawfully required to submit to a urinalysis. See Mil. R.Evid. 312(d), Manual for Courts-Martial, United States, 1984. Accordingly, we affirm the decision of the court below.

On April 3, 1985, Seaman H observed appellant and Petty Officer Murphy in a forward director

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Bluebook (online)
25 M.J. 46, 1987 CMA LEXIS 3965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wood-cma-1987.