United States v. Davis

I agree with the majority’s treatment of the specified issue and with its disposition of the first issue. I differ in some respects with the majority opinion as to the first issue, however, so I write separately to define those differences.

I

Appellant relies on United States v. Thompson, 22 USCMA 88, 46 CMR 88 (1972), and United States v. Shropshire, 34 MJ 757 (AFCMR 1992), to support his assertion that military policemen, by virtue of their professional training as peace officers, must be held to hold the rein on an emotional response to provoking works when other normal citizens would not be…