United States v. Hessler

Opinion

COOK, Judge:

The Court granted review to consider two assignments of error in regard to accused’s conviction by a special court-martial for wrongful possession of marihuana, in violation of Army Regulation 600-50, change 2, April 19, 1973.

The accused’s first contention is that evidence obtained in a search of his person was improperly admitted by the trial judge over defense objection. We conclude the search was lawful.

The challenged evidence was obtained by Second Lieutenant T. W. Hunter while on duty as squadron duty officer for the 3rd Squadron, 8th Cavalry. At about 5:00 p. m.,…