CAAF: Consent to UA could be withdrawn before testing under M.R.E. 314(e)(3)

Defendant Airman first consented to a UA but withdrew his consent before the testing was done. This was potentially binding under M.R.E. 314(e)(3), which had to be considered. Also, his UA could not be considered an abandonment. United States v. Dease, 71 M.J. 116 (C.A. A.F. 2012):

For the reasons set forth below, we hold that the military judge did not abuse his discretion in ruling that Appellant had a privacy interest in his urine sample and could withdraw consent prior to the search. Further, the military judge did not abuse his discretion in concluding that the urinalysis evidence and evidence derived from that urinalysis would not have been subject to inevitable discovery. Seizure and search are not necessarily coterminous, particularly in the context of a urinalysis case. M.R.E. 314(e)(3) states that “[c]onsent may be limited in any way by the person granting consent, including limitations in terms of time, place, or property and may be withdrawn at any time.” (Emphasis added.) Therefore, the lower court erred in determining that Appellant’s privacy interest in his urinalysis sample was extinguished by his voluntary surrender of his urine to the Government, without addressing M.R.E. 314(e)(3).