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).
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.
Court-martial. Evidence obtained in violation of the Constitution is inadmissible. See Mil. R. Evid. 311.
