Bilecki Challenges Classwide Drug Testing at Eglin; Navy Sailor Retained Without Charges

Bilecki Challenges Classwide Drug Testing at Eglin; Navy Sailor Retained Without Charges

July 2022

Eglin Air Force Base, Florida

Navy E-3

Allegations: UCMJ Article 112a Wrongful Use of a Controlled Substance; UCMJ Article 92 Violation of a Lawful Order

Facts

This was a junior Navy enlisted Sailor at Eglin AFB headed for a court martial after a positive urinalysis. Trial Counsel was preparing the case for referral on Article 112a wrongful use of a controlled substance and Article 92 violation of a lawful order. A federal conviction, a punitive discharge, and an administrative separation were all on the table.

The urinalysis was the product of an A-school cadre order to the entire training class to submit to urinalysis and to surrender their phones. No warrant. No Command Authorization for Search and Seizure. No probable cause. NCIS was working a parallel drug ring investigation when the cadre order went out, and the order swept our client up with the rest of the class.

Our client retained Bilecki while Trial Counsel was preparing the case for referral.

Tim challenged the legal basis for the testing order in discussions with Trial Counsel and the OSJA. The entire class had been ordered to provide samples while NCIS was investigating a drug ring, without a warrant or search authorization. The defense questioned whether the order was a valid inspection or an attempt to collect criminal evidence, and argued that the resulting urinalysis should be excluded. That challenged the evidence at the center of the proposed drug case before charges were preferred.

The case was closed.

No charges preferred. No NJP. No Captain's Mast. No administrative separation. The Sailor stayed on active duty.

Result: No charges preferred. No NJP. No Captain's Mast. No AdSep. Sailor retained on active duty.

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FAQ

Q: What was Bilecki’s challenge to the urinalysis?
The issue was why the training cadre ordered the entire class to provide samples while NCIS was investigating a drug ring. A valid military inspection can produce admissible evidence, even when an investigation is also underway. We argued that this particular order was being used to collect criminal evidence and lacked a lawful basis. Tim raised that problem with the lawyers preparing the case before charges were preferred.

Q: Did a judge suppress the test result?
The challenge was resolved before a court-martial. No charges were preferred, and the Sailor received no NJP or administrative separation. He remained on active duty. The result was achieved through the defense’s presentation before charging, rather than a suppression ruling at trial.