United States v. Wood

25 M.J. 46 (C.M.A. 1987) · United States Court of Military Appeals · September 23, 1987

Summary

The Court of Military Appeals held that probable cause existed for the appellant’s apprehension and search based on the totality of the circumstances, including a servicemember’s eyewitness report and corroborating observations. The court concluded that the resulting urinalysis evidence was admissible and affirmed the decision of the Navy-Marine Corps Court of Military Review.

Holdings

  1. Probable cause existed under the totality of the circumstances to arrest appellant for possession of marijuana.

Questions Presented

  1. Whether probable cause existed to arrest appellant for possession of marijuana.
  2. Whether the resulting search of appellant and compelled urinalysis were lawful and admissible.

Disposition

affirmed

Cases Cited (17)

  • United States v. Johnson, 23 M.J. 209 (C.M.A. 1987)(followed)
  • United States v. Jones, 24 M.J. 294, 296 (C.M.A. 1987)(followed)
  • Illinois v. Gates, 462 U.S. 213 (1983)(followed)
  • United States v. Tipton, 16 M.J. 283 (C.M.A. 1983)(followed)
  • Aguilar v. Texas, 378 U.S. 108 (1964)(limited)
  • Spinelli v. United States, 393 U.S. 410 (1969)(limited)
  • Jaben v. United States, 381 U.S. 214 (1965)(followed)
  • Easton v. City of Boulder, Colo., 776 F.2d 1441 (10th Cir. 1985), cert. denied, 107 S.Ct. 71 (1986)(analogized)
  • United States v. Land, 10 M.J. 103 (C.M.A. 1980)(followed)
  • United States v. Hammond, 666 F.2d 435 (9th Cir. 1982)(analogized)

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Cited In (0)

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