United States v. Campbell

41 M.J. 177 (1994)

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United States v. Campbell

United States Court of Military Appeals
41 M.J. 177 (1994)

Facts

First Sergeant Sharp was informed by a member of his command that there was a drug problem in two of his platoons. Rather than test all of the platoon members for drugs, Sharp selected 20 individuals for testing based on Sharp’s assessment that they were likely using illegal drugs. Sharp also questioned certain platoon members about the rumored drug problem after reading them their rights. Staff Sergeant Keith W. Campbell was selected for testing because Sharp had observed Campbell associating with a soldier who had previously failed a drug test. Campbell tested positive for cocaine, and, one day after receiving the results of the test, he was interviewed by an investigator and confessed to cocaine use. During his trial by court-martial for unlawful use of cocaine, Campbell moved to suppress the results of his drug test and his subsequent confession, arguing that they had been obtained as a result of an unreasonable search and seizure. The military judge denied the motion, and Campbell was convicted. The Court of Military Review affirmed, and Campbell appealed.

Rule of Law

Issue

Holding and Reasoning (Sullivan, C.J.)

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