United States v. Moore

McLaughlin, Judge:

This is an appeal by the United States pursuant to Article 62, Uniform Code of Military Justice [UCMJ], 10 U.S.C. § 862, requesting that we reverse a ruling by the military judge suppressing the results of tests of two urine specimens taken from the appellee on 11 and 16 August 1994. We agree with the United States and hold that the military judge erred as a matter of law.

The appellee was arraigned on 6 October 1994 on charges of wrongful use of marijuana and methamphetamine in violation of Article 112a, UCMJ, 10 U.S.C. § 912a. At an Article 39(a), UCMJ, session before…