United States v. Hays

DECISION

CANELLOS, Judge:

Before a special court martial with members, the accused was convicted, contrary to his pleas, of wrongful possession of Ritalin, phenobarbital and chlorolhydrate and wrongful appropriation of government property. The approved sentence extends to a bad conduct discharge, hard labor without confinement for thirty days and reduction to airman basic.

On appeal, the accused contends that initial search of his home did not qualify as a search conducted pursuant to emergency circumstances. We agree.

*637The accused was called at work and told that his wife had attempted suicide.…