United States v. Porter

OPINION OF THE COURT

COOK, Judge:

Appellant was convicted by a court with members of the possession, sale and transfer of heroin. All these crimes were alleged as violations of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934.

This case arose in West Germany. The heroin was discovered as the result of a search of on-post unit billets conducted on the basis of an authorization obtained from the Brigade Commander. The legality of this permission was challenged at trial and this objection has been renewed on appeal. Appellant has also assailed the use at trial of DA Forms 4137,…