Legal Opinion

United States v. Bethea

Court of Appeals for the Armed Forces

Decided June 23, 2005No. 05-0041/AFPublishedCited by 19 opinions

1Opinion of the Court

Chief Judge GIERKE

delivered the opinion of the Court.

Appellant’s urine sample tested positive for the metabolite of cocaine. A military magistrate then issued a search authorization to seize a hair sample from Appellant to test it for evidence of drug use. We conclude that the search authorization was supported by probable cause.

BACKGROUND

Appellant was tried by a general court-martial for a single specification alleging use of cocaine on divers occasions between January 17, 2001, and February 16, 2001. Following a contested trial, the members found Appellant guilty as charged of violating…

2Cases cited10 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Brinegar v. United StatesSupreme Court of the United States · 1949
  4. Texas v. BrownSupreme Court of the United States · 1983
  5. United States v. Ellis Burrell, Billy J. Henry, Jon P. Hammonds, William D. Hatch, John Jones, and Steven E. WilliamsCourt of Appeals for the Seventh Circuit · 1992

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3Cited by19 opinions

  1. United States v. CowgillCourt of Appeals for the Armed Forces · 2010
  2. United States v. MacomberCourt of Appeals for the Armed Forces · 2009
  3. United States v. RogersCourt of Appeals for the Armed Forces · 2009
  4. United States v. HoffmannNavy-Marine Corps Court of Criminal Appeals · 2014
  5. United States v. Sergeant JOHN R. WILLIAMSON, JR.Army Court of Criminal Appeals · 2007

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