A courtroom at Spangdahlem Air Base, Germany, on 5 May 2024. The photo is illustrative and is not connected to any case. (U.S. Air Force photo by Airman 1st Class Albert Morel.) The appearance of U.S. Department of War (DoW) visual information does not imply or constitute DoW endorsement. The military has no standing criminal […]
Marine Pvt. First Class Nicholas James-McLean has been arrested in Okinawa, Japan. This arrest is following a deadly vehicle crash, in which police are stating his blood alcohol content was 3 times the legal limit. As a result, a local man was killed, and the case has been sent to the Naha prosecutor’s office. Consequently, […]
This is the latest information being put out by the Air Force Drug Testing Lab regarding testing for Spice. A MESSAGE FOR THE CORPS Spice Testing Update Synthetic cannabinoids, often referred to as “spice,” are a large family of man-made synthetic compounds that are chemically produced to mimic the biological effects of the active ingredient […]
In Kentucky v. King, S. Ct. 1849 (2011), King conditionally pled guilty to numerous drug offenses after losing a motion to suppress evidence from a warrant less search. The Kentucky Court of Appeals affirmed, but the Supreme Court of Kentucky reversed. In a controlled buy, police officers followed the suspect into a breezeway. One officer radioed to the […]
In UNITED STATES v. SCHUBER, 70 MJ 181 (C.A.A.F. 2011) Schuber was subject to restriction not tantamount to arrest during the period following his 71 days in pretrial confinement, where accused was limited to base rather than to quarters, and even though he was required to provide weekly urine samples, he was allowed to avail […]
Briscoe v. Virginia, 130 S.Ct. 1316 (2010) deals with literal confrontation. At trial, the prosecution introduced, in accordance with Virginia law and over defense objection, two certificates of analysis. The certificates established that a substance that was confiscated from Briscoe was cocaine of a certain weight. The person who actually performed the analysis was not present at […]
United States v. Comprehensive Drug Testing, Inc., 2010 WL 3529247 involves the federal investigation into steroid use by Major League Baseball players as well as Bay Area Lab Cooperative (Balco). The main issues arose from multiple government requests for subpoenas and warrants in various districts within the Ninth Circuit. The government convinced magistrates they needed to […]
United States v. Cowgill, 68 M.J. 388 (C.A.A.F. 2010) deals with probable cause. The issue was whether there was sufficient probable cause for a search warrant when a portion of the search warrant affidavit contained false information. On 5 January 2007, an Air Force OSI agent contacted a local police detective to get a search […]
In United States v. Miranda-Zapata, No. 200800865 (N-M. Ct. Crim. App. Jan. 19,2010) (unpublished) the accused pled guilty, inter alia, to conspiring to distribute morphine. Though not raised by the parties, the court noted the conspiracy charge failed to list an “overt act”, the second element of conspiracy. The military judge noted this issue during […]