United States v. Hollis

DECISION

KASTL, Senior Judge:

Asked if he would “consent” to give two different urine samples, Senior Airman Hollis did so on 13 and 14 March 1990. He “popped positive” both times. At Hollis’s court-martial for use of cocaine, the military judge ruled that Hollis had merely acquiesced to military authority on the first date. The judge then suppressed the 13 March urinalysis results.

Our focus turns to the legality of the 14 March testing. Did the military judge correctly permit the prosecution to use the results of this second urinalysis? In the light of recent Court of Military Appeals…