Legal Opinion · Dissent

United States v. Quillen

United States Court of Military Appeals

Decided December 6, 1988No. 56,616; CM 447423Published

1DissentCox, Judge

The exclusionary rule created by Article 31(d), Uniform Code of Military Justice, 10 *316USC § 831(d), was designed by Congress for the salutary purpose of protecting military personnel from “the effect of superior rank or official position” since “under certain circumstances” the effect of asking a question can be “the equivalent of a command” upon one subject to military law and accustomed to military discipline. United States v. Gibson, 3 USCMA 746, 752, 14 CMR 164, 170 (1954). Given this congressional backdrop, I do not see a compelling need to expand the exclusionary rule far beyond the…

2Cases cited7 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. GibsonUnited States Court of Military Appeals · 1954
  3. In Re Deborah C.California Supreme Court · 1981
  4. United States v. Nicholas P. AntonelliCourt of Appeals for the Second Circuit · 1970
  5. Metigoruk v. Municipality of AnchorageCourt of Appeals of Alaska · 1982

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