United States v. Valenzuela

OPINION OF THE COURT

GILLEY, Judge:

The government appeals, pursuant to Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862 (Supp. II 1984) [hereinafter UCMJ], and Manual for Courts-Martial, United States, 1984, Rule for Courts-Martial 908(b) [hereinafter M.C.M., 1984], a ruling by the military judge suppressing results of a urinalysis implicating appellee. These test results are essential evidence with respect to Specification 2 of the Charge alleging wrongful use of cocaine, in violation of Article 112a, UCMJ.

I. Facts

Appellee serves in a “rapid deployment” company of an infantry…