United States v. Scott

MITCHELL, Judge:

By order of the Court of Military Appeals, this Court’s decision in United States v. Scott, 13 M.J. 874 (N.M.C.M.R.1982), was reversed and the case remanded to this court for further consideration in the light of United States v. Schneider, 14 M.J. 189 (C.M.A.1982). At issue is whether certain derivative incriminating evidence was erroneously considered at trial because of an alleged unlawful seizure of the appellant. See Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979); United States v. Schneider, supra.

Based on the evidence of record including the…