United States v. Hay

OPINION OF THE COURT

JONES, Senior Judge:

The appellant was convicted of willfully disobeying an order and wrongfully possessing heroin in violation of Articles 90 and 134, Uniform Code of Military Justice, 10 U. S.C. §§ 890 and 934. We are reviewing the case pursuant to Article 66, UCMJ.

The order which appellant was convicted of disobeying was an order to empty his pockets. It was given during the course of an in-ranks procedure variously described as a health and welfare inspection (by the Government) and an illegal search (by the appellant). The heroin and a hypodermic syringe and needle…