15 - Search and Seizure Part 2

Question 1

Who can Authorize?

Answer 1

• Commanding Officer
• Military Judge

Question 2

Which CO?

Answer 2

Either:
- Owns the person
-DNA
-Fingerprints
- Owns the place

Question 3

Form of request and Search Authorization

Answer 3

• Verbal or written
• Based on Probable Cause
  -Person or place to be searched
  -Items to be seized

Question 4

What is Probable Cause?

Answer 4

Reasonable belief that
-A crime has been committed AND
-Person, property or evidence sought is located in the place to be searched

Totality of the circumstances

Question 5

Exceptions to the Warrant/Search Authorization requirement

Answer 5

• Consent
• Search Incident to an Arrest (SITA)
• Exigent Circumstances
• Plain view

Question 6

Exception to Warrant Requirement

Consent Searches Summary

Answer 6

• Must be voluntary
• Person must have exclusive or mutual control (3rd party consent) of the place to be searched
• Totality of the circumstances

Question 7

Exception to Warrant Requirement

Search Incident to Arrest

Answer 7

Police can generally search a person without a search warrant when the person has been arrested

Must be reasonable b/c the 4th Amdt. protects against unreasonable searches

Question 8

Exception to Warrant Requirement

Exigent Circumstances

Answer 8

Circumstances when there is sufficient cause to get a warrant, but there’s not enough time.
Evidence inadmissable
- There was a search that violated the 4th Amndt. AND
- The person against whom the evidence is being offered had a reasonable exception of privacy