Search and Seizure

Question 1

Fourth Amendment does what

Answer 1

protects people from unreasonable searches and seizures by the government.
however, is not a guarantee against all searches and seizures.

Question 2

Rule 311.
• General rule. “Evidence obtained as a result of an unlawful search or seizure made by a person acting in a governmental capacity is inadmissible against the accused if

Answer 2

… the accused had a reasonable expectation of privacy in the person, place or property searched”

Question 3

what is rule number 311

Answer 3

evidence obtained from unlawful search or seizure is inadmissible

Question 4

Rule 313.

• General rule. “Evidence obtained from lawful inspections and inventories in the Armed Forces……

Answer 4

is admissible at trial when relevant

Question 5

what is rule 313

Answer 5

Evidence obtained from lawful inspection is admissable

Question 6

purpose of inspection of unit in whole or in part

Answer 6

an examination to determine
that the command is properly equipped,
functioning properly,
maintaining proper standards of readiness,
sea or airworthiness,
sanitation and cleanliness;
and that personnel are present, fit, and ready for duty.

Question 7

during inspection can you order body fluids?

Answer 7

yes

An order to produce body fluids, such as urine, is permissible in accordance with this rule”

Question 8

are Searches for evidence considered a legal inspection

Answer 8

no

since primary purpose of obtaining evidence for use in a trial by court-martial or in other disciplinary proceedings

Question 9

Examinations to locate and confiscate weapons or contraband. are these inspections. why?

Answer 9

“An inspection may include an examination to locate and confiscate unlawful weapons and other contraband”

Question 10

define a “search”

Answer 10

a quest for evidence, conducted upon the belief that evidence of a certain crime can be found in a certain location. Generally, searches require probable cause and evidence legally obtained or seized from a lawful search may be used in a trial or other legal proceedings

Question 11

example of an inspection

Answer 11

health and comfort or welfare check, is performed for military purposes

Question 12

T/F

An inspection must not be used as subterfuge (deception) for a search.

Answer 12

True

Question 13

is an Inspections not aimed at the discovery of evidence for use in a criminal trial, but produces contraband as an unintended result . is it admissable?

Answer 13

yes admissible

will usually be deemed valid by the courts.

Question 14

what is rule 314 Searches Not Requiring Probable Cause

Answer 14

“Evidence obtained from reasonable searches not requiring probable cause is admissible at trial when relevant and not otherwise inadmissible under these rules or the Constitution of the United States as applied to members of the Armed Forces”

Question 15

examples of Searches Not Requiring Probable Cause

Answer 15

border searches
entering exiting us installations
government searches

Question 16

Normally, a person does not have a reasonable expectation of privacy in government property that is not issued for personal use.

Answer 16

Wall or floor lockers in living quarters, issued for the purpose of storing personal possessions, normally are issued for personal use, but the determination as to whether a person has a reasonable expectation of privacy in government property issued for personal use depends on the facts and circumstances at the time of the search”

Question 17

explain consent searches

Answer 17

Evidence of a search conducted without probable cause is admissible if conducted
with lawful consent”

Question 18

Explain Voluntariness in consent searches

Answer 18

“To be valid, consent must be given voluntarily.

Question 19

Does Mere submission to the color of authority of personnel performing law enforcement duties or acquiescence in an announced or indicated purpose to search ……….

Answer 19

is not a voluntary consent”

Question 20

During a lawful stop, it is permissible to conduct a “frisk”

Answer 20

yes
to ensure person being stopped does not have a weapon or pose a danger. based upon the “reasonable belief” person is armed and presently dangerous.

Question 21

Searches incident to a lawful stop. when is it lawful

Answer 21

when conducted by a person authorized to apprehend … or others performing law enforcement duties AND when the person making the stop has information or observes unusual conduct that leads him or her reasonably to conclude in light of his or her experience that criminal activity may be afoot. The stop must be TEMPORARY and investigatory in nature

Question 22

lawful stop Vehicles. will evidence be admissible

Answer 22

evidence is admissible if seized in the course of a search for weapons in the areas of the passenger compartment of a vehicle in which a weapon may be placed or hidden, so long as the person lawfully stopped is the driver or a passenger and the official who made the stop has a reasonable suspicion that the person stopped is dangerous and may gain immediate control of a weapon

Question 23

Searches incident to apprehension. when is it admissible?

Answer 23

“Evidence is admissible if seized in a search of a person who has been lawfully
apprehended or if seized as a result of a reasonable protective sweep

Question 24

Searches incident to apprehension. when is it admissible?

Answer 24

“Evidence is admissible if seized in a search of a person who has been lawfully
apprehended or if seized as a result of a reasonable protective sweep

Question 25

A lawful search incident to apprehension may
include a search for weapons or destructible evidence in the area within the immediate control of a person who has been apprehended.

define immediate control

Answer 25

area in which the individual searching could reasonably believe that the person apprehended could reach with a sudden movement

Question 26

difference between apprehend and stopped

Answer 26

A person who has been apprehended loses their liberty and is under the control of the apprehending authority, while a person who has been stopped is not subject to those same conditions.

Question 27

Explain Rule 315. Probable Cause Searches

Answer 27

“Evidence obtained from reasonable searches conducted pursuant to a search warrant or search authorization, or under the exigent circumstances described in this rule, is admissible at trial

Question 28

is Probable cause for searches different from probable cause for apprehension?

Answer 28

yes

Question 29

Search authorization is….

Answer 29

express permission, written or oral, issued by competent military authority to search a person or an area and seize evidence

Question 30

Search warrant is………

Answer 30

express permission to search and seize issued by competent civilian authority

Question 31

who may authorize search authorization

Answer 31

CO or military judge

Question 32

Who can conduct Search authorizations. “,

Answer 32

Any commissioned officer, warrant officer, petty officer,

noncommissioned officer, and, when in the execution of guard or police duties

Question 33

Probable cause to search exists when there is a reasonable belief
that the person, property, or evidence sought is located in the place or on the person to be

A search authorization may be based upon hearsay evidence in whole or in part. A determination of probable cause will be based on upon any or all of the following……..

Answer 33

 written statements communicated to the authorizing official;
 oral statements communicated to the authorizing official in person, via telephone, or by other
appropriate means of communication; or
 such information as may be known by the authorizing official that would not preclude the
officer from acting in an impartial fashion”

Question 34

determining probable cause is whose responsibilty

Answer 34

the COs

Question 35

when does probable cause exist

Answer 35

probable cause to search exists when there is a reasonable belief that the person, property, or evidence sought is located in the place or on the person to be

Question 36

A search authorization may be based upon hearsay evidence in whole or in part. A determination of probable cause will be based on upon any or all of the following……..

Answer 36

 written statements communicated to the authorizing official;
 oral statements communicated to the authorizing official in person, via telephone, or by other
appropriate means of communication; or
 such information as may be known by the authorizing official that would not preclude the
officer from acting in an impartial fashion”

Question 37

Explain when exigencies are admissable

Answer 37

reasonable belief that the delay necessary to obtain a search warrant or search authorization would result in the removal, destruction, or concealment of the property or evidence

Question 38

is military operational necessity and exigency

Answer 38

yes

Question 39

form to document search authorization/execution

Answer 39

Record of Authorization for Search

Question 40

form to document probable cause

Answer 40

Affidavit for Search Authorization

Question 41

do search authorizations have to be in writting

Answer 41

no but recommended

Question 42

Rule 316. Seizures

Answer 42

“Evidence obtained from reasonable seizures is admissible at trial

Question 43

Seizure of property or evidence:

Answer 43

Based on probable cause. “Evidence is admissible when seized based on a reasonable belief that
… the property or evidence is an unlawful weapon contraband, evidence of crime, or might be
used to resist apprehension or to escape”

Question 44

how to seize Abandoned property

Answer 44

“Abandoned property may be seized without probable cause

Question 45

how to seize Government property.

Answer 45

seized without probable cause and without
a search warrant or search authorization

unless the person to whom the property is issued or assigned has a reasonable expectation of privacy

Question 46

who may seize

Answer 46

Any commissioned officer, 
warrant officer, 
petty officer, 
noncommissioned officer, and, 
when in the execution of guard or police duties