Transcript MILITARY JUSTICE - SEARCH AND SEIZURE

USAF First Sergeant Academy
SEARCH AND SEIZURE
Reference: Manual for Courts-Martial
People are our business
OVERVIEW
PROTECTIONS
 TERMS
 LAWFUL SEARCHES &
TECHNICALITIES
 INSPECTIONS & SEARCHES

People are our business
PROTECTIONS
 CONSTITUTION,
4TH AMENDMENT
 MCM PART III, M.R.E. 311 - 316
–PRIMARY RULES
People are our business
TERMS
 SEARCH
 SEIZURE
 ZONE OF PRIVACY
 EVIDENCE
 PROBABLE CAUSE
People are our business
LAWFUL SEARCHES &
TECHNICALITIES
 AUTHORIZATION (AF FORM 1176)
 INDIVIDUAL CONSENT (AF FORM 1364)
 LAWFUL APPREHENSION
 OPEN FIELDS OR WOODLANDS
 PLAIN VIEW DOCTRINE
 ABANDONED PROPERTY
People are our business
INSPECTIONS & SEARCHES
M.R.E 313(b) INSPECTIONS
– THE PRIMARY PURPOSE:
• TO DETERMINE AND ENSURE
SECURITY, MILITARY FITNESS, OR
GOOD ORDER AND DISCIPLINE OF A
UNIT, ORGANIZATION, INSTALLATION,
VESSEL, AIRCRAFT, OR VEHICLE
People are our business
INSPECTIONS & SEARCHES
INSPECTIONS
– MAY OBTAIN BODY FLUIDS, SUCH AS
URINE
– MAY SEIZE UNLAWFUL WEAPONS,
CONTRABAND, OR OTHER EVIDENCE
OF A CRIME LOCATED DURING THE
INSPECTION
People are our business
INSPECTIONS & SEARCHES
INSPECTIONS
– THE PRIMARY PURPOSE IS NOT TO
OBTAIN EVIDENCE
– GOVERNMENT BEARS BURDEN OF
PROOF
– COMMANDERS MUST BE PREPARED
TO JUSTIFY & TESTIFY
People are our business
INSPECTIONS & SEARCHES
INSPECTIONS
– CONDUCTED REASONABLY
– REASONABLE NATURAL OR
TECHNICAL AIDS MAY BE USED
– WITH OR WITHOUT NOTICE
People are our business
INSPECTIONS & SEARCHES
DORMITORY INSPECTIONS
– M.R.E. 313(b)
– “SHAKEDOWN” ILLEGAL
– RULES MUST BE FOLLOWED
– NOT ON HEELS OF SIGNIFICANT EVENT
People are our business
INSPECTIONS & SEARCHES
DORMITORY INSPECTIONS
– INSPECT ALL ROOMS THE SAME
– STOP INSPECTION IF EVIDENCE IS
FOUND
– COMPLETE DORM INSPECTION
People are our business
INSPECTIONS & SEARCHES
GATE INSPECTIONS
– M.R.E. 313 (b) AND 314 (c)
– INSTALLATION COMMANDER
– MILITARY WORKING DOGS MAY BE USED
– EVIDENCE IS ADMISSIBLE
People are our business
INSPECTIONS & SEARCHES
URINALYSIS TESTING
– RANDOM (INSPECTION) - UCMJ ACTION
– CONSENT (SEARCH) - UCMJ ACTION
– PROBABLE CAUSE (SEARCH) - UCMJ
ACTION
– MEDICAL (SEARCH) - UCMJ ACTION
– CC DIRECTED (SEARCH) - NO UCMJ ACTION
People are our business
INSPECTIONS & SEARCHES

BLOOD ALCOHOL TESTING
– PROBABLE CAUSE (SEARCH) - UCMJ
ACTION
– CONSENT (SEARCH) - UCMJ ACTION
– IMPLIED CONSENT (SEARCH) - UCMJ
ACTION
– MEDICAL (SEARCH) - UCMJ ACTION
– CC DIRECTED (SEARCH) - NO UCMJ ACTION
People are our business
SUMMARY
PROTECTIONS
 TERMS
 LAWFUL SEARCHES &
TECHNICALITIES
 INSPECTIONS & SEARCHES

People are our business