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Legal Opinion

United States v. Brashears

United States Court of Military Appeals

Decided July 28, 1972No. 25,250PublishedCited by 8 opinions

1Opinion of the Court

*553Opinion of the Court

Duncan, Judge:

The Acting Judge Advocate General of the Army, by certification (Article 67(b)(2), Uniform Code of Military Justice, 10 USC §'867), questions the correctness of the holding by the Court of Military Review that a search of the appellee’s rolled sleeve and his pockets, incidental to his lawful arrest for the offense of larceny of a wallet and its contents, was unreasonable in scope.

The record1 reflects that after receiving information from other military police to apprehend appellee for a suspected barracks larceny of a wallet and its contents, military…

2Cases cited13 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Rochin v. CaliforniaSupreme Court of the United States · 1952
  5. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967

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3Cited by8 opinions

  1. United States v. KinaneUnited States Court of Military Appeals · 1976
  2. Dumas v. United StatesUnited States Court of Claims · 1980
  3. United States v. GibbinsUnited States Court of Military Appeals · 1972
  4. United States v. BarrettU S Air Force Court of Military Review · 1981
  5. United States v. AtkinsUnited States Court of Military Appeals · 1973

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

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