United States v. Nand

DECISION

Contrary to his pleas, the accused was convicted of wrongful use of marijuana. The government case was based solely on a urinalysis test and the resulting laboratory test reports. The accused now complains that the military judge erred in denying trial defense counsel’s motion to suppress evidence of the urine test based on Fourth Amendment grounds. We disagree and affirm.

A brief recitation of the facts is necessary to put this issue in its proper perspective. On 7 March 1983 the accused was sent to the USAF clinic for a routine occupational physical examination. Part of this physical…