Results of Violation of Constitution.

  1. Administrative Separations. Evidence obtained in violation of the Constitution is admissible, unless it was obtained in bad faith (i.e. the officials conducting the urinalysis knew it was unlawful).  A urinalysis conducted in bad faith is admissible only if the evidence would inevitably have been discovered. AR 15-6, para. 3-7c(6).
  2. Nonjudicial Punishment under Article 15. Evidence obtained in violation of the Constitution is admissible. AR 27-10, para. 3-18j. However, Soldier may demand trial by court-martial. AR 27-10, para. 3-18d.
  3. Court-martial. Evidence obtained in violation of the Constitution is inadmissible. See Mil. R. Evid. 311.

Closing Arguments Examples: Kick-Ass Closing Arguments Part 1: Closing Argument Template

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