United States v. Acosta

GREGORY, Judge:

Contrary to his pleas, appellant was found guilty of possession and use of marijuana. He assigns the following errors for our consideration:

I

THE REGIMENTAL FIELD OFFICER OF THE DAY WAS DISQUALIFIED, PER SE FROM AUTHORIZING A SEARCH OF APPELLANT’S BARRACKS ROOM.

II

THE SEARCH OF APPELLANT’S ROOM WAS NOT AUTHORIZED BY A NEUTRAL AND DETACHED MAGISTRATE.

Ill

THE SEARCH OF APPELLANT’S ROOM WAS UNLAWFUL, SINCE CAPTAIN STEVENS WAS NOT AUTHORIZED TO ISSUE ORAL SEARCH AUTHORIZATIONS.

IV

THE EVIDENCE PRESENTED BY THE GOVERNMENT IS INSUFFICIENT AS A MATTER OF LAW TO SUSTAIN A CONVICTION, SINCE…