Miranda in Uniform

In case there was any doubt, the U.S. Court of Military Appeals made it clear last week that the U.S. Constitution extends to men in uniform. Answering a contention by the Navy's Judge Advocate General that "military law is in nowise affected by constitutional limitations," the court said, "The time is long since past when this court will lend an attentive ear to the argument that members of the armed forces are, by reason of their status, ipso facto deprived of all protections of the Bill of Rights."

With that, the highest military court applied Miranda v. Arizona to the armed forces. The case at hand involved a long-shot quirk. On May 1, 1966, Airman Third Class Michael Tempia was detained for making obscene statements to three 10-year-old girls in a ladies' room at Dover Air Force Base, Del. Under military law, Tempia was advised that he would have a right to free military counsel--but only after being charged. After Tempia admitted the offense, he was tried on June 14, the day, it so happened, after the Supreme Court announced in Miranda that every civilian suspect is entitled to free counsel before being questioned.

At the trial, Tempia's attorney duly objected that Miranda had voided his confession. Even so, the confession was admitted, and Tempia was sentenced to six months' hard labor, loss of pay, reduction in rank and a bad-conduct discharge. In reversing his conviction, the Court of Military Appeals ruled that from now on G.I.s are entitled to free counsel before any questioning starts.

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