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
- Probable cause existed under the totality of the circumstances to arrest appellant for possession of marijuana.
Questions Presented
- Whether probable cause existed to arrest appellant for possession of marijuana.
- 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)
No citing cases on record yet.
Court Document
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