5 C.M.A. 668 | United States Court of Military Appeals | 1955
Lead Opinion
Opinion of the Court
After arrest at a Japanese hotel, the accused was taken to the Camp Kobe Criminal Investigation office. There he was informed that he was suspected of using narcotics. Article 31 of the Uniform Code of Military Justice, 50 USC § 602, was read to him, and he was asked to furnish a sample of his urine. He refused. A Criminal Investigation Division agent told him, “If you will not submit willingly, I will take you to the medical dispensary where the medical officer will catheterize you and I will have a sample of your urine at that time.”
The decision of the board of review is reversed. The findings of guilty and the sentence are set aside. Since there appears to be no available substitute for the inadmissible evidence, the charges are ordered dismissed.
Concurrence Opinion
(concurring in the result) :
I concur in the result.
A majority of the Court in United States v. Jones, 5 USCMA 537, 18 CMR 161, held that evidence obtained by catheterization was inadmissible if the accused merely informed military authorities he objected. For all practical purposes, that ended catheterization as a scientific method of crime detection and further dissents by me can serve no useful cause. In the light of that holding, this accused is entitled to have his conviction reversed.