Section 107 – Search and Seizure

Question 1

What is the 3-part test for whether the 4th Amendment applies?

Answer 1

Quest for evidence, government agent, reasonable expectation of privacy (4th Amendment, U.S. Constitution.

Question 2

What are 3 kinds of searches that, if reasonable and properly conducted, do not violate the 4th amendment?

Answer 2

Probable cause (PC) & search authorization, PC & exigent circumstances, no PC required (MRE 314)

Question 3

Who has the power to authorize searches (MRE 315) in the military?

Answer 3

Commanding officer who has jurisdiction over place to be searched, so long as they are neutral and detached and make a personal PC determination

Question 4

What is probable cause (PC) and what are the two things are needed to establish probable cause (PC)

Answer 4

Reasonable belief that evidence sought is in the place to be searched; factual basis & reliability (MRE 314)

Question 5

An examination of the unclothed body should be conducted by a person of the same sex as that of the person being examined to be a valid search

Answer 5

false

Question 6

Can you limit or withdraw consent, even after the search has started?

Answer 6

Yes Consent may be limited in anyway by the person granting consent, including limitations in terms of time, place, or property, and may be withdrawn at any time. MRE 314.

Question 7

When conducting a search, what is the scope of the search with regards to where you can look, ie, can you look for a sledgehammer in an eyeglasses case?

Answer 7

You can only look where the evidence that is the subject of the authorization can reasonably be found. (MRE 313).

Question 8

Evidence from the interception of wire or oral communications is NOT admissible when authorized pursuant to an application to a federal judge of competent jurisdiction under the provisions of a federal statute.

Answer 8

false