United States v. Sharrock

LEONARD, Judge:

In this case, we are faced with two issues. The first is whether the appellant was unlawfully ordered into pretrial confinement by his commander. Second, if the appellant was unlawfully confined, should the evidence found on his person when he entered confinement and the evidence derived therefrom be suppressed? We find the initiation of appellant’s pretrial confinement to be unlawful and find the military judge erred in failing to suppress the evidence derived therefrom. In order to resolve these issues, we need to set forth what brought the appellant to the confinement…