United States v. Pollard

OPINION OF THE COURT ON APPEAL OF THE GOVERNMENT FROM TRIAL JUDGE’S RULING SUPPRESSING EVIDENCE

PANEL ONE

BAUM, Chief Judge:

This is the Coast Guard’s second Government Appeal under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862. The first, United States v. Solorio, 21 M.J. 512 (C.G.C.M.R.1985), Aff’d 21 M.J. 251 (C.M.A.1986), Aff’d — U.S.-, 107 S.Ct. 2924, 97 L.Ed.2d 364 (1987), involved the jurisdictional question of “service connection” for court-martial offenses, a concept forsaken by the U.S. Supreme Court in its ultimate action on the case. This second challenge of a judge’s…