United States v. Bickel

Appellant asserts that the military judge erred by failing to grant his motion to suppress the evidence of the second urinalysis. He argues first that the policy letter (Appendix) did not create an inspection under Mil.R.Evid. 313(b) because the purpose of a second test was punitive and not motivated by inspection standards (unit health, welfare, and readiness, etc.), but rather based upon the commander’s “individualized ‘reasonable suspicion’ less than probable cause.” United States v. Valenzuela, 24 M.J. 934, 938 n. 6 (A.C.M.R.1987).

*644Appellant then argues that because the second test was not…