United States v. Moeller

DECISION

MURDOCK, Judge:

There are at least three non-medical bases for directing urinalysis of a servicemember: command-directed (where probable cause does not exist or is not relied on as a basis) as authorized by Air Force Regulation 30-2, Social Actions Program, para. 5-8 (18 April 1986); random unit testing under Mil.R.Evid. 313(b); and those directed pursuant to a search authorization based on probable cause under Mil.R.Evid. 312 or 314-316. Only certain categories of urinalysis authorize punishment by court-martial. This case presents the question of whether the classification of a…