United States v. Heupel

DECISION

SESSOMS, Senior Judge:

At trial the Military Judge granted a defense motion to suppress evidence regarding the results of a urinalysis test pertaining to the accused. The government appeals that decision under Article 62, U.C.M.J., 10 U.S.C. § 862, RCM 908, and Rule 21, AFR 111-4 (12 July 1985). We find that the military judge ruled correctly.

The following recitation of the facts is derived directly from the trial judge’s findings of fact. As part of the punishment imposed under Article 15, U.C.M.J., 10 U.S.C. § 815, for a 2-day AWOL, the accused was ordered into correctional custody…