United States v. Watford

DECISION

HEMINGWAY, Judge:

Contrary to his pleas, the accused was convicted of the larceny of a video cassette recorder belonging to the United States Government, in violation of Article 121, Uniform Code of Military Justice, 10 U.S.C. § 921.

At trial, the accused unsuccessfully moved to suppress the fruits of the search of his room. He now contends that it was error for the military judge to apply the “citizen witness” test to determine whether probable cause existed for the search. We find no error.

*720Rule 315, Military Rules of Evidence, provides that a search may be authorized when a person…