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21 C.M.A. 343

United States v. Taylor

United States Court of Military Appeals · decided 1972-04-21

Decided 1972-04-21

¶1Opinion of the Court

Duncan, Judge:

¶2The issue before us in this ease questions the validity of a search, authorized by the appellant’s commanding officer, of an off-post civilian residence in Okinawa.

¶3For the reasons set forth in United States v Mitchell, 21 USCMA 340, 45 CMR 114 (1972), we hold that the search was invalid. Since all the Government’s evidence as to the charged offenses resulted from the illegal search, reversal is required.

¶4The decision of the Court of Military Review is reversed. The record of trial is returned to the Judge Advocate General of the Army. The charges and specifications are ordered dismissed.

Chief Judge DARDEN and Judge Quinn concur.
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