Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- 3. Consent Searches
- 4. Search Incident to Apprehension
| 2. Automobile Exception If there is probable cause to search an automobile, a warrant or authorization is generally not required. For example, if a staff duty officer has probable cause to believe that drugs are located in a Soldier’s car, he may search the car without obtaining a warrant or search authorization. This exception exists because such evidence maybe easily lost if the automobile is driven away before a warrant or authorization is obtained. The entire automobile maybe searched, to include the trunk. However, the best course of action would be to freeze the scene (by not allowing a driver to move the automobile) and call military law enforcement to investigate. 3. Consent Searches A Soldier may consent to a search. However, the consent must be voluntary and not coerced by the influence of rank or position. When requesting consent you should advise the Soldier that he or she has the right not to consent. If the Soldier does consent, he or she can withdraw the consent at anytime. In this case, the search must stop immediately. A Soldier may consent to a partial search (for example, everything in the room, but not the wall locker. Article 31 rights and written consent are recommended but not required. Do not threaten a Soldier that the search will be conducted even if he or she refuses to give consent (such a threat invalidates consents). 4. Search Incident to Apprehension Any person who has been properly apprehended maybe searched in order to ensure the safety of the apprehending person and others, and to prevent destruction of evidence. Only the person’s clothing and body and any areas within the person’s reach maybe searched. The searcher may not search the contents of a cellular phone seized from the apprehended person, without a search authorization. When a person is apprehended in an automobile, the entire passenger compartment maybe searched, but only if the individual is within reaching distance of the passenger compartment at the time of the search, or if it is reasonable to believe the vehicle contains evidence of the crime for which the individual was just arrested. The scope of this vehicle search incident to apprehension includes the glove box, console, backseat and under the seats, but does not include the trunk. Download 4.49 Mb. Share with your friends:
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