Search & Seizure

A commander may inspect and authorize searches and seizures of persons and property under his or her command.

A search authorization must be based upon probable cause. Probable cause exists when there is a reasonable belief that the items connected with criminal activity are located in the place or on the person to be searched.

If necessary, a magistrate or military judge can authorize searches anywhere on an installation.

The commander should always first seek consent to search from the property owner. The person conducting the search must carefully comply with the limitations imposed by the authorization.

A search authorization is not required prior to a search in the following circumstances:

• Exigent circumstances
  In emergencies, the delay to get a warrant would result in the removal, destruction or concealment of evidence.

• Automobile exception
  If there is probable cause to search an auto, a warrant is not required.

• Consent searches
  A service member can consent to the search.

• Search incident to apprehension
  A person who has been apprehended may be searched to ensure officer safety and prevent destruction of evidence.

• Inspections ( including health and welfare inspections, drug dogs, weapons, gate inspections)
  An inspection must have a valid military purpose, to include security, military fitness, good order and discipline, or readiness.

• Inventories

• Searches by private persons (unless directed by a commander or law enforcement)

• Searches by a foreign government

• Government property (e.g. military vehicles, tents, office)

• Government email and computer systems

• Abandoned property

• Plain view
  Can the item to be searched be seen from a place where law enforcement or military personnel have a lawful right to be?

• Use of sensory aids (e.g. shining a flashlight into a parked car)