Legal Opinion

United States v. Roberts

United States Court of Military Appeals

Decided October 8, 1976No. 30,818; ACM S-24169PublishedCited by 39 opinions

1Opinion of the Court

Opinion

PERRY, Judge:

The appellant was convicted by general court-martial of possession of 438 grams of marihuana,1 in violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892, and was sentenced to a bad-conduct discharge and confinement at hard labor for 4 months. The findings and sentence have been approved at all review levels below. The appellant complains to this Court that his conviction is fatally tainted by the improper admission into evidence at trial, over his objection, of marihuana seized during an unlawful search of his quarters. We agree.

Shortly after assuming…

2Cases cited27 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Katz v. United StatesSupreme Court of the United States · 1967
  4. Aguilar v. TexasSupreme Court of the United States · 1964
  5. Chimel v. CaliforniaSupreme Court of the United States · 1969

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

3Cited by39 opinions

  1. United States v. MiddletonUnited States Court of Military Appeals · 1981
  2. United States v. EzellUnited States Court of Military Appeals · 1979
  3. United States v. BickelUnited States Court of Military Appeals · 1990
  4. Turner v. Fraternal Order of PoliceDistrict of Columbia Court of Appeals · 1985
  5. United States v. McCarthyUnited States Court of Military Appeals · 1993

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

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