U.S. v. Stevenson, 53 M.J. 257

Core Criminal Law Subjects: Evidence: Search and Seizure › Bodily views and intrusions

1. in determining whether prolonged insertion of a needle to extract a second vial of blood, solely for law enforcement purposes, was a de minimus intrusion with respect to the Fourth Amendment and MRE 312(f), the military judge will consider the effect of the type of intrusion, the length of the prolonged insertion, the quantity of fluid extracted, and the legal significance of the nature of the fluid extracted

Miscellaneous Matters: Manual for Courts-Martial: Force and Effect

1. in view of the receipt of military pay and the potential for further active duty service by members who are temporarily removed from active duty by reason of disability [Temporary Disability Retired List], MRE 312(f) does apply and evidence obtained in compliance with that rule may be used in a court-martial of a person on the Temporary Disability Retired List