Misc Pub 27-8 Legal Handbook Commander’s 2019
C. When The Fourth Amendment Does Not Apply
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- Return to Table of Contents 53 2. No Reasonable Expectation of Privacy
| C. When The Fourth Amendment Does Not Apply 1. Nongovernmental Searches The Fourth Amendment only protects Soldiers against searches by US. government officials. It does not cover searches by private persons or foreign officials. a. Private Searches The Fourth Amendment does not prohibit searches by private persons (roommates or family members, unless the private search was directed by a commander or police investigator. Be careful when working with unit informants. Telling them to keep your eyes open is permissible telling them to bring you evidence may violate the Fourth Amendment and render the evidence inadmissible. b. Foreign Searches The Fourth Amendment applies only to the US. Government. Searches by German or Korean police need not comply with the Fourth Amendment unless the foreign search is directed, conducted, or participated in by US. agents. Foreign police may freely exchange criminal information with the military police. Return to Table of Contents 53 2. No Reasonable Expectation of Privacy The Fourth Amendment does not apply unless the suspect has a reasonable expectation of privacy in the area searched. a. Government Property A Soldier has no reasonable expectation of privacy inmost government property, including military vehicles, tents, common tool kits, and office desks. No authorization is required to search these places. But the Fourth Amendment does cover items issued for personal use, such as wall lockers, footlockers, and field gear. These items maybe examined only during inspections and authorized searches. b. Government E-Mail and Computer Systems Although government email, computers, and cellphones should follow the rules stated above for government property, appellate case law has found a reasonable expectation of privacy in these areas in certain circumstances. Changes in technology and how we use it often occur faster than case law can adapt to them, so consult your trial counselor legal advisor if you want to search for digital evidence on a government information system. Depending on the circumstances, an authorization may not be required, especially if there was a proper DOD logon banner on the device to be searched, and a properly filled out user agreement signed by the individual to be searched. Download 4.49 Mb. Share with your friends:
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