United States v. Simmons

Opinion

Duncan, Judge:

While I disagree with the conclusion of the Court of Military Review that the appellant has no standing to challenge the legality of the search of the vehicle in which he was a passenger for the reason that he wrongfully appropriated it, I do find him to lack standing to challenge the search for another reason.

The appellant was tried by general court-martial for the offense of wrongful possession of. heroin, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. On December 8, 1971, despite a not guilty plea, *289he was found guilty as charged. He was…