United States v. Lewis

DECISION

O’HAIR, Judge:

Pursuant to Article 62 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 862, and in accordance with the procedures detailed in R.C.M. 908(b), the Government filed an appeal. We are asked to reverse the decision of the military judge to suppress evidence derived from a test of the urine of Technical Sergeant John W. Reese which was performed at the University of Utah.

The contested evidence disclosed that the accused’s urine contained tetrahydrocannabinol, the active constituent of marijuana, *870and this evidence served as the sole basis for the allegation that the…