United States v. Mitchell

In arriving at his decision to bar the results of the urinalysis the trial judge relied on Military Rules of Evidence 313 and 312. The former requires that an inspection be conducted in a reasonable fashion and comply with Rule 312, if applicable. The latter circumscribes the use of evidence obtained when an individual is required to ingest a substance for the purpose of compelling the bodily elimination of the evidence. Right or wrong, the military judge’s application of these rules to the facts of the case was not the product of a clear distortion of the English language nor was it contrary…