Appeal Filed in Navy Court-Martial: Defense Challenges Unlawful Search and Questionable Evidence
Navy Sailor Appeals Court-Martial Over Unlawful Search and Questionable Evidence
A young U.S. Navy sailor’s future now rests with the United States Navy-Marine Corps Court of Criminal Appeals, as his defense team challenges a conviction they say was built on an unlawful search and evidence too weak to support guilt beyond a reasonable doubt.
The sailor, a Yeoman Third Class at the time of trial, was convicted following an investigation that began with allegations of drug activity. According to the appeal, Naval Criminal Investigative Service (NCIS) agents were only authorized to search his phone for communications related to drugs. Instead, they expanded the search far beyond those limits by clicking on unrelated images and playing a video that was never within the scope of their warrant. The defense argues this amounted to an unconstitutional intrusion into private digital data, turning a limited investigation into a general fishing expedition.
At trial, the government leaned heavily on files recovered from the sailor’s phone. Yet its own experts acknowledged that these files were automatically generated cache data, which could have been stored without his knowledge or intent. The same experts admitted they could not say whether the files had ever been opened or viewed. Further, no search terms, hidden folders, communications, or specialized software suggested deliberate misconduct. Even the trial judge noted that the individuals in the video could have been anywhere from 12 to 24 years old, and none of the government’s witnesses had the expertise to make a reliable determination.
“Service members should not lose their careers or their freedom based on speculation and unlawful searches,” said Annie W. Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon, PLLC. “This case is about more than one sailor, it is about ensuring that constitutional rights apply equally to those who serve in uniform.”
The appeal emphasizes that without the improperly obtained evidence, there is no case to support the conviction. Beyond the impact on this sailor’s career and reputation, the filing raises broader questions about how the military conducts digital searches. As the Supreme Court recognized in Riley v. California, smartphones hold the most personal details of modern life. Allowing broad, unchecked access to service members’ devices, the defense argues, would erode constitutional protections and set a dangerous precedent for military justice.
Now before the appellate court, the case stands to determine whether the sailor’s conviction and sentence will be overturned and, more broadly, how the rights of service members will be balanced against the government’s expanding use of digital evidence.
About the Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon, PLLC, based in Washington, DC, represents military service members, federal employees, and uniformed professionals worldwide. With decades of experience in courts-martial, appeals, discharge upgrades, and federal employment disputes, the firm is recognized nationally for its vigorous defense of those who serve.
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