United States v. Peoples

DECISION

MURDOCK, Judge:

The appellant was convicted of one specification of use of cocaine and one specification of dishonorably failing to maintain sufficient funds in his checking account. He was sentenced to a bad conduct discharge, 10 months confinement, and reduction to airman basic. Now he asserts that the military judge improperly applied the inevitable discovery rule when he refused to suppress evidence of the appellant’s urinalysis. We agree it was error to admit the results of the urinalysis, but for a different reason.

The appellant reported late to work one morning, and his demeanor…