United States v. Atkins

Opinion of the Court

Darden, Chief Judge:

This case presents the question whether the military judge erred prej-udicially in denying a defense motion to suppress evidence found on the accused’s person during a search incident to an allegedly unlawful apprehension.

At approximately 11:30 p.m. on March 9, 1971, Specialist Four James F. Martin and his partner were on a military police patrol of the bunker *245line at Chu Lai, Vietnam. Martin heard a burst of automatic weapon fire from bunker 506. Some time elapsed while he obtained permission from the appropriate officer to investigate the firing, but…