Legal Opinion

United States v. Fish

U S Air Force Court of Military Review

Decided December 11, 1987No. ACM 26088Published

1Opinion of the Court

DECISION

MICHALSKI, Judge:

A military judge convicted the appellant of wrongful use and possession of methamphetamines in accordance with her conditional pleas of guilty. Although the appellant has assigned two errors for our consideration and has submitted an invited issue, we shall only discuss the first of the two assigned errors which asks

WHETHER THE MILITARY JUDGE ERRED WHEN SHE FAILED TO SUPPRESS THE CONTAINER OF ILLEGAL DRUGS FOUND IN APPELLANT’S HOUSE AFTER HER HUSBAND GRANTED THE OSI CONSENT TO SEARCH APPELLANT’S ON-BASE QUARTERS.

Given the factual context of the case before us we…

2Cases cited6 opinions

  1. United States v. MatlockSupreme Court of the United States · 1974
  2. Frazier v. CuppSupreme Court of the United States · 1969
  3. United States v. John ThompsonCourt of Appeals for the Fifth Circuit · 1970
  4. People v. HowardCalifornia Court of Appeal · 1958
  5. United States v. Benjamin F. Harrison, (Two Cases)Court of Appeals for the D.C. Circuit · 1982

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