United States v. Marsh

GLADIS, Judge:

The accused was convicted contrary to his pleas at a special court-martial bench trial of wrongful possession and introduction into a military station for the purpose of sale of 12 ounces of marijuana, in violation of Articles 92 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 892 and 934. He contends that the evidence which convicted him was the product of an unlawful search because, first, the official who authorized it was not empowered to issue an oral authorization to search and, second, this official failed to exercise independent judgment in determining that…