United States v. Ortiz

For the reasons set out in my separate opinion in United States v. Nault, 4 M.J. *138318, 320 (C.M.A.1978), I concur with Chief Judge Everett’s determination that the record of police custody of the evidence obtained from the accused was properly before the trial judge for consideration on the question of accused’s guilt. However, I disagree with his conclusion that, as a matter of law, the evidence fails “to link the envelope seized from Ortiz to the laboratory report.”

While on patrol in Rothschild Park, Frankfurt, Germany, two civilian park investigators arrested the accused and took from…