United States v. Fitten

The principal issue in this appeal from a special court-martial conviction for wrongful use of controlled substances is whether the military judge erred in denying the appellant’s motion to suppress the results of a urinalysis of a specimen extracted from the appellant by means of involuntary catheterization. I am of the opinion the military judge erred. I would set aside the findings of guilty and sentence and authorize a rehearing.

I

Consistent with his pleas of guilty, the appellant was found guilty of one specification alleging a 2^-hour unauthorized absence and two specifications alleging…