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)
learn more about investigations
Suspension of favorable personnel actions is mandatory if an investigation that may result in disciplinary action or financial loss is initiated on a Soldier by military or civilian authorities, or if a Soldier is arrested.
Military services investigate accidents to determine the facts and causes in order to prevent future accidents, to assess liability, and to initiate corrective actions.
Naval commanders conduct investigations in accordance with the Manual of the Judge Advocate General (JAGMAN).
Commanders have the inherent authority to investigate any matter under their responsibility, unless otherwise limited or prohibited, for the purpose of furthering good order and discipline.
Commanders have an inherent authority to investigate matters under their command.
A Commander Directed Investigation, or CDI, is a tool to gather information regarding systemic problems or to look into matters involving individual conduct or responsibility.
If a commander receives information that a member of his command is suspected of committing an offense punishable under the Uniform Code of Military Justice (UCMJ), he should direct a preliminary inquiry into the charge(s).
A commander may inspect and authorize probable cause 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.
Service members accused of crimes are afforded certain protections.
You must advise a service member of his rights under Article 31, UCMJ when you reasonably suspect he has committed a crime prior to questioning. You do not need to advise a witness not suspected of committing an offense of his rights -- even during official questioning.
