7 M.J. 435 | United States Court of Military Appeals | 1979
Opinion of the Court
The appellant was convicted of possession of heroin, in violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892. He was sentenced to a bad-conduct discharge, forfeitures of all pay and allowances, imprisonment for 6 months and reduction to the lowest enlisted grade. The United States Army Court of Military Review has affirmed. We granted review to consider several contentions which the appellant makes. Our review of those contentions, together with the record and the briefs of the parties, reveal them to be insufficient to challenge the conviction. We affirm.
The appellant first challenges the sufficiency of the evidence upon which he was convicted. The record reveals that on March 1, 1974, an enlisted serviceman informed Special Agent David Foley of the Criminal Investigation Division (CID) at Fort Carson, Colorado, that the appellant had a quantity of heroin on his person and
The appellant argues that the arrest was illegal and, therefore, the evidence recovered from his person should not have been admitted in evidence. We agree with the Court of Military Review that the officer had probable cause to arrest the appellant when he did. Article 7(b), UCMJ, 10 U.S.C. § 807(b).
Application of the foregoing principles to the circumstances of this case, including the factors known to Agent Foley when he arrested the appellant, leaves no doubt that
Our consideration of the record, the briefs and the oral arguments of the parties convinces us that the Court of Military Review was correct in its disposition of Issue I, and that the appellant’s remaining contentions are lacking in merit.
The decision of the United States Army Court of Military Review is affirmed.
Judge Matthew J. Perry took final action in this case prior to his resignation as a judge of this Court pursuant to his appointment and confirmation as a United States District Judge for the District of South Carolina.
. Article 7(b), Uniform Code of Military Justice, 10 U.S.C. § 807(b), is as follows:
Any person authorized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
. This statement of the rule includes the requirements of the Fourth Amendment to the Constitution of the United States. Terry v. Ohio, 392 U.S. 1, 8-9, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); Henry v. United States, 361 U.S. 98, 100-102, 80 S.Ct. 168, 4 L.Ed.2d 134 (1959).
. See n. 1, supra.