United States v. Hubbard

OPINION

COOK, Judge:

Contrary to his pleas, the appellant was convicted by special court-martial, with members, of larceny, in violation of Article 121, Uniform Code of Military Justice, 10 U.S.C. § 921. We granted review to consider the following issues:

I. THE MILITARY JUDGE ERRED IN ADMITTING PROSECUTION EXHIBIT 3 OVER DEFENSE OBJECTION THAT IT WAS THE PRODUCT OF AN ILLEGAL SEARCH.

II. THE BASE COMMANDER WAS PER SE DISQUALIFIED FROM AUTHORIZING THE SEARCH BECAUSE OF THE NATURE OF HIS OFFICE.

III. AN ORAL REQUEST FOR AUTHORIZATION TO SEARCH AND ORAL PERMISSION TO SEARCH ARE LEGALLY DEFICIENT.

IV.…