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Legal Opinion

United States v. Pond

U S Air Force Court of Military Review

Decided February 25, 1993No. ACM 29212 (recon)PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

UPON RECONSIDERATION

LEONARD, Senior Judge:

This case considers whether urinalysis results from a nonconsensual taking of a urine sample by a civilian police officer, without a warrant or exigent circumstances, may be Used as evidence in a court-martial to prove use of an illegal drug.1 We find the urinalysis results inadmissible because the taking of the urine sample did not comply with the state implied consent statute and violated the Fourth Amendment.

I. Facts.

According to his testimony, Pond engaged a waitress in conversation while passing his time at a bar in San…

2Cases cited63 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Berkemer v. McCartySupreme Court of the United States · 1984
  5. Weeks v. United StatesSupreme Court of the United States · 1914

58 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. United States v. MoranCourt of Appeals for the Armed Forces · 2007
  2. State v. BuchholzSouth Dakota Supreme Court · 1999
  3. United States v. BetheaCourt of Appeals for the Armed Forces · 2005
  4. United States v. MaxwellUnited States Air Force Court of Criminal Appeals · 1995
  5. United States v. MonroeUnited States Air Force Court of Criminal Appeals · 1999

9 more not listed; retrieve them via the Exa API.

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