United States v. Aloyian

I dissent.

With due respect to my brothers, I disagree with the denial of relief to the accused in this case. Unlike them, I would reverse for the failure of the law officer to grant the defense motion regarding the charges in question; his refusal to entertain objections addressed to the issue of search and seizure; and his unfair comments and instructions regarding the possession of marihuana. I have seldom seen a case which so clearly requires corrective action, for the reasons which I will hereinafter develop.

The accused was tried by general court-martial at Suffolk County Air Force Base,…