Military Search and Seizure
Tuesday, November 01, 2011
The Military Rules of Evidence provides that the search of a home, including the items within is prohibited absent a search warrant. However, a commander can order a search if there is probable cause to do. While probable cause affords commanders broad discretion to order searches, many limitations exist. For example, a warrantless search conducted by a third party, such as a servicemember’s roommate, will be considered illegal if it was ordered by a commander.
A military search and seizure can have grave consequences. The result of the search can be used to charge a servicemember in military court. A servicemember should challenge a search and seizure that may have occurred under illegal circumstances.
If you are being charged with a crime after the military conducted an illegal search and seizure, contact the Wheelock Law Firm in Dr. Phillips, Orlando, Florida at 407-648-5742 to schedule a consultation.
Staff
11/1/2011
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