United States v. Frazier

The military judge properly found that appellant was a suspect in the larceny of Specialist Umbarger’s money prior to his questioning by Sergeant Floyd. Thus, Sergeant Floyd’s questioning of appellant about this offense prior to a proper rights advisement under Article 31, Uniform Code of Military Justice, 10 USC § 831, was unlawful. United States v. Loukas, 29 MJ 385 (CMA 1990). Cf. United States v. Britton, 33 MJ 238, 239 (CMA 1991). Moreover, this violation of Article 31 was a factor to be considered in determining the voluntariness of appellant’s later consent to search. See generally…