United States v. Thomas

I agree with Judge Garn that appellant’s conviction of heroin use must be reversed but I disagree that the possession charge can be affirmed.

The agents found heroin in appellant’s sewing kit during a search of his person incident to apprehension. The apprehension in turn was based on several factors which the military judge at trial and the majority here determined amounted to probable cause. Among those factors was the response by appellant to an inquiry which was made in violation of Article 31(b). Absent appellant’s response that he had in fact been to Frankfurt and had been “partying”, I…