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USAF First Sergeant Academy

USAF First Sergeant Academy. SEARCH AND SEIZURE Reference: Manual for Courts-Martial. OVERVIEW. PROTECTIONS TERMS LAWFUL SEARCHES & TECHNICALITIES INSPECTIONS & SEARCHES. PROTECTIONS. CONSTITUTION, 4TH AMENDMENT MCM PART III, M.R.E. 311 - 316 PRIMARY RULES. TERMS. SEARCH

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USAF First Sergeant Academy

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  1. USAF First Sergeant Academy SEARCH AND SEIZURE Reference: Manual for Courts-Martial People are our business

  2. OVERVIEW • PROTECTIONS • TERMS • LAWFUL SEARCHES & TECHNICALITIES • INSPECTIONS & SEARCHES People are our business

  3. PROTECTIONS • CONSTITUTION, 4TH AMENDMENT • MCM PART III, M.R.E. 311 - 316 • PRIMARY RULES People are our business

  4. TERMS • SEARCH • SEIZURE • ZONE OF PRIVACY • EVIDENCE • PROBABLE CAUSE People are our business

  5. LAWFUL SEARCHES & TECHNICALITIES • AUTHORIZATION (AF FORM 1176) • INDIVIDUAL CONSENT (AF FORM 1364) • LAWFUL APPREHENSION • OPEN FIELDS OR WOODLANDS • PLAIN VIEW DOCTRINE • ABANDONED PROPERTY People are our business

  6. INSPECTIONS & SEARCHES • M.R.E 313(b) INSPECTIONS • THE PRIMARY PURPOSE: • TO DETERMINE AND ENSURE SECURITY, MILITARY FITNESS, OR GOOD ORDER AND DISCIPLINE OF A UNIT, ORGANIZATION, INSTALLATION, VESSEL, AIRCRAFT, OR VEHICLE People are our business

  7. INSPECTIONS & SEARCHES • INSPECTIONS • MAY OBTAIN BODY FLUIDS, SUCH AS URINE • MAY SEIZE UNLAWFUL WEAPONS, CONTRABAND, OR OTHER EVIDENCE OF A CRIME LOCATED DURING THE INSPECTION People are our business

  8. INSPECTIONS & SEARCHES • INSPECTIONS • THE PRIMARY PURPOSE IS NOT TO OBTAIN EVIDENCE • GOVERNMENT BEARS BURDEN OF PROOF • COMMANDERS MUST BE PREPARED TO JUSTIFY & TESTIFY People are our business

  9. INSPECTIONS & SEARCHES • INSPECTIONS • CONDUCTED REASONABLY • REASONABLE NATURALOR TECHNICAL AIDS MAY BE USED • WITH OR WITHOUT NOTICE People are our business

  10. INSPECTIONS & SEARCHES • DORMITORY INSPECTIONS • M.R.E. 313(b) • “SHAKEDOWN” ILLEGAL • RULES MUST BE FOLLOWED • NOT ON HEELS OF SIGNIFICANT EVENT People are our business

  11. INSPECTIONS & SEARCHES • DORMITORY INSPECTIONS • INSPECT ALL ROOMS THE SAME • STOP INSPECTION IF EVIDENCE IS FOUND • COMPLETE DORM INSPECTION People are our business

  12. INSPECTIONS & SEARCHES • GATE INSPECTIONS • M.R.E. 313 (b) AND 314 (c) • INSTALLATION COMMANDER • MILITARY WORKING DOGS MAY BE USED • EVIDENCE IS ADMISSIBLE People are our business

  13. INSPECTIONS & SEARCHES • URINALYSIS TESTING • RANDOM (INSPECTION) - UCMJ ACTION • CONSENT (SEARCH) - UCMJ ACTION • PROBABLE CAUSE (SEARCH) - UCMJ ACTION • MEDICAL (SEARCH) - UCMJ ACTION • CC DIRECTED (SEARCH) - NO UCMJ ACTION People are our business

  14. INSPECTIONS & SEARCHES • BLOOD ALCOHOL TESTING • PROBABLE CAUSE (SEARCH) - UCMJ ACTION • CONSENT (SEARCH) - UCMJ ACTION • IMPLIED CONSENT (SEARCH) - UCMJ ACTION • MEDICAL (SEARCH) - UCMJ ACTION • CC DIRECTED (SEARCH) - NO UCMJ ACTION People are our business

  15. SUMMARY • PROTECTIONS • TERMS • LAWFUL SEARCHES & TECHNICALITIES • INSPECTIONS & SEARCHES People are our business

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