United States v. Weston

67 M.J. 390 (2009)

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United States v. Weston

United States Court of Appeals for the Armed Forces
67 M.J. 390 (2009)

Facts

Staff Sergeant Daniel A. Weston (defendant), a senior court reporter, and Staff Sergeant ME, a female court reporter, shared a bathroom at work. ME found a camera hidden in an electric razor on the bathroom shelf and notified the Provost Marshall’s Office (PMO) and Daniel’s wife, Mrs. Weston. Military police went to the Westons’ home to locate Daniel and take him to the PMO. Mrs. Weston was given permission to accompany her husband. At the PMO, the Westons were placed in separate rooms. When Daniel was asked if he would consent to a search of his home, he objected. Mrs. Weston, who was not informed that her husband had objected, consented to the search and accompanied agents to the home. Daniel’s computer was seized in the search. The computer contained nonconsensual photos of ME changing clothes and using the bathroom, as well as photos of the interior of ME’s home. Prior to his trial, Daniel’s motion to suppress the evidence seized from his home was denied. Daniel was convicted of housebreaking and invasion of privacy. A panel of the United States Navy-Marine Corps Court of Criminal Appeals held that the search was unreasonable. In a rehearing en banc, the court reversed the panel’s judgment. Daniel appealed.

Rule of Law

Issue

Holding and Reasoning (Stucky, J.)

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