United States v. Dease

Chief Judge BAKER

delivered the opinion of the Court.

Appellant brings this interlocutory appeal from a United States Air Force Court of Criminal Appeals (CCA) ruling in favor of the Government concerning the admissibility of evidence in a urinalysis case. Appellant consented to a urinalysis, but withdrew his consent to search six days later, when the urine sample was in Government custody but had not yet been tested. Approximately one month later, Appellant’s urine sample was sent to the Brooks City-Base laboratory where it tested positive for cocaine use. At trial, the military judge excluded…