People are our business USAF First Sergeant Academy SEARCH AND SEIZURE Reference: Manual for Courts-Martial.

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USAF First Sergeant Academy

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Presentation transcript:

People are our business 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 ã CONSTITUTION, 4TH AMENDMENT ã MCM PART III, M.R.E –PRIMARY RULES

People are our business TERMS ã SEARCH ã SEIZURE ã ZONE OF PRIVACY ã EVIDENCE ã 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 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