Legal Opinion

United States v. Bair

U S Air Force Court of Military Review

Decided November 11, 1989No. ACM 27605PublishedCited by 2 opinions

1Opinion of the Court

DECISION

HODGSON, Chief Judge:

On appeal, as he did at trial, the appellant argues that an anonymous, unsubstantiated tip does not provide “reasonable suspicion” to order a “command-directed” urinalysis. Thus, appellant contends the order was not valid and he committed no offense by failing to obey it. We disagree.

Air Force directives give a commander the authority to order a “command-directed” examination of a member’s urine where he has a “reasonable suspicion” of that individual’s drug involvement. Air Force Regulation 30-2, Social Actions Program, para. 5-8 (18 April 1988) [hereinafter AFR…

2Cases cited13 opinions

  1. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  2. United States v. RussoUnited States Court of Military Appeals · 1975
  3. The Committee for Gi Rights v. Honorable Howard H. Callaway, Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1975
  4. Murray v. HaldemanUnited States Court of Military Appeals · 1983
  5. Mark P. Chilcott v. Verne Orr, Secretary of the United States Air ForceCourt of Appeals for the First Circuit · 1984

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3Cited by2 opinions

  1. United States v. HiltonU S Air Force Court of Military Review · 1990
  2. United States v. BairUnited States Court of Military Appeals · 1991

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