United States v. Hobbs

OPINION OF THE COURT

MATHEWS, Judge:

The military judge in this case granted a motion to suppress evidence indicating a urine sample taken from the accused, Technical Sergeant (TSgt) Jason J. Hobbs, tested positive for the presence of benzoylecgonine, a metabolite of cocaine. The government appeals that decision pursuant to Article 62, UCMJ, 10 U.S.C. § 862. On careful consideration of that appeal, the record to this point in the proceedings, and the excellent appellate briefs prepared by both sides, we conclude that the military judge erred in suppressing TSgt Hobbs’ urinalysis results. We…