UNITED STATES, Appellee v. CLARENCE ROGERS, Specialist Four, U. S. Army, Appellant

UNITED STATES, Appellee v CLARENCE ROGERS, Specialist Four, U. S. Army, Appellant 22 USCMA 297, 46 CMR 297 No. 26,327 May 25, 1973 Colonel Arnold 1. Melnick, Captain David D. Knoll, and Captain Mark L. Tuft were on the pleadings for Appellant, Accused. Lieutenant Colonel Ronald M. Holdaway, Captain Thomas B. McCullough, Jr., Captain Stan L. Spangler, and Captain Richard L. Menson were on the pleadings for Appellee, United States. [MAJORITY — Per Curiam:] Opinion of the Court Per Curiam: The circumstances of the search of the accused in this case are substantially similar to those in United States v Poundstone, 22 USCMA 277, 46 CMR 277 (1973). For the reasons set out in our separate opinions in Poundstone, we sustain the trial judge’s ruling admitting in evidence the results of the search, and affirm the decision of the Court of Military Review. [DISSENT — Duncan, Judge] Duncan, Judge (dissenting): I dissent for the reasons set forth in my separate opinion in United States v Poundstone, 22 USCMA 277, 46 CMR 277 (1973).