United States v. Cady

OPINION OF THE COURT

Duncan, Judge:

This case is before us on certification by the Acting Judge Advocate General of the Navy on the following question:

Was the United States Navy Court of Military Review correct as a matter of law in deciding that the heroin found on the accused’s person was inadmissible in evidence as a result of an illegal search and seizure?

The record of trial reflects that at about 10:00 p.m. on April 17, 1972, Sergeant Macmasters, the company police sergeant, became aware of a strange odor in the barracks. It was a "sweet smell,” a "weird smell.” Macmasters informed…