Full Use

  • militarydefenselawyers338The limited use policy does not apply to the types of tests listed below. These tests may be used at courts-martial, Article 15 proceedings, and administrative separations:
    1. Probable cause tests.
    2. Inspections.
    3. Consent tests. In United States v. Avery, 40 M.J. 325 (C.M.A. 1994), the accused was not entitled to protection of Air Force limited use policy, which precludes the use of certain evidence derived from a service member’s voluntary selfidentification
      as a drug abuser. The accused voluntarily consented to a urinalysis after his wife revealed his drug use to his chain of command. The accused never admitted using drugs.
    4. Medical tests which are not covered by the limited use policy described above.
      1. Obtained as a result of Soldier’s emergency medical care for an actual or
        possible drug overdose, where the treatment resulted from apprehension
        by military or civilian law enforcement officials. AR 600-85, para. 10-
        12a(3).
      2. Routine tests directed by a physician which are not the result of suspicion
        of drug use and not taken in conjunction with ASAP. AR 600-85, para.
        10-12a(3).

Probable cause tests.

Consent tests.