Counsel, 1. This email serves as notice to all parties that I am denying the Defense motion to dismiss (AE VIII) the two orders on spice (MARFORPAC order and Station order) for failure to state an offense. My ruling covers the challenged general nature of the MARFORPACO, the vagueness challenge, the valid military purpose challenge, and the preemption argument w/r/t SECNAVINST 5300.29D. 2. This email also serves as notice to all parties that I am denying the Defense motion to suppress (AE IV) evidence, statements and testimony pursuant to M.R.E. 311 and M.R.E. 315. I specifically find that the original search of the accused's room was for a qualifying purpose under M.R.E. 314(i) and was not an unlawful search. 3. I will attach the written rulings on these two motions to the record upon completing them. This should complete the requirement for rulings on motions from our hearing on 1 Oct 10. We will need to take up the additional three Defense motions in limine prior to the start of trial. V/r, LtCol Simmons. Gregory L. Simmons LtCol, USMC Military Judge Western Judicial Circuit Camp Pendleton, CA 92055 Office (760) 725-6285 BB cell (760) 212-6399 Fax (760) 725-6339
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