United States v. Whipple

I

I concur that the findings of guilty and the sentence should be set aside and the charges dismissed. This is based on my concurrence with the majority that the statements of the defendant to Chief Warrant Officer Hampton, Commander Coste, and LCDR Hamilton following the surrender of the shopping bag by the defendant, were improperly admitted into evidence. For the reasons stated below I disagree with the majority, however, that the military judge erred in admitting into evidence the shopping bag and its contents.

Basically, I do not construe the circumstances surrounding the initial contact…