United States Court of Military Appeals April 27, 1973, No. 26,153 (United States v. Atkins)

lead-opinion

Opinion of the Court

Darden, Chief Judge:

This case presents the question whether the military judge erred prej-udicially in denying a defense motion to suppress evidence found on the accused’s person during a search incident to an allegedly unlawful apprehension.

At approximately 11:30 p.m. on March 9, 1971, Specialist Four James F.