United States v. Sam

Opinion of the Court

Duncan, Judge:

Appellant, Private First Class Sidney Sam, complains that at trial the military judge erroneously denied a motion to suppress evidence found upon his person and other evidence found in his clothing in his wall lockers. We find the search of his person to have been lawfully conducted, but that the search of the wall lockers was unlawfully authorized without the necessary showing of probable cause.

Specialist Four John D. Lyons was crossing an athletic field at Fort Hood, Texas, on February 2, 1971, when at about 8:45 p.m. three men robbed him of his wallet,…