United States v. Lawless

Opinion of the Court

FLETCHER, Judge:

Following review of appellant’s special court-martial,1 we granted two issues for consideration:

Specified Issue

WHETHER THE DISCOVERY OF THE COMMISSION OF A CRIME, WHILE IN THE COURSE OF AN ILLEGAL SEARCH, MAY PROPERLY BE USED TO OBTAIN WITNESSES WHO CAN TESTIFY ABOUT THE ACCUSED’S PERPETRATION OF THE CRIME.

Granted Issue

WHETHER, IN A PROSECUTION FOR DRUG POSSESSION WITH INTENT TO DISTRIBUTE, DIRECT TESTIMONY THAT THE ACCUSED POSSESSED DISTRIBUTION PARAPHERNALIA IN THE HOME OF THE WITNESS SHOULD BE STRICKEN ON MOTION WHEN THE WITNESS REFUSES TO ANSWER…