United States v. Maglito

Opinion of the Court

Quinn, Chief Judge:

A quantity of marihuana, found in a paper bag in the accused’s possession, was admitted in evidence at trial, over defense counsel’s objection. On this appeal, as at trial, the accused contends that the evidence was obtained by illegal means.

Barracks 37 at the Naval Station, Long Beach, California, was occupied by persons under some form of “restraint.” Some were assigned to the barracks in execution of nonjudicial punishment imposed under Article 15, Uniform Code of Military Justice, 10 USC § 815; others were on “legal hold.” Apparently, the accused…