During the course of a military investigation, law enforcement or members of the command may execute searches on an accused person under several methods.
Basics of Military Searches
Investigators can gain access to things like your home, your car, your devices, and your work center in a variety of different ways, including by your consent for them to search or by getting a search authorization or a warrant. Sometimes, search authorizations give investigators a period of time during which they can conduct the search, and depending on the nature of the search, that period of time may be for an extended number of days, weeks, or even months.
Once investigators allow that time period to expire, they do need to go back to a military magistrate, a judge, or someone who can authorize a search to seek a second search warrant. Sometimes, you won’t even know about that process because it unfolds behind the scenes and there’s no need for them to tell you if they’re seeking another search warrant.-
The first time you might hear about a judge granting a warrant or a military magistrate granting an authorization could be when investigators come knocking on your door to conduct a search. If investigators are there without a warrant or authorization, however, and are asking for your consent to search your home, you always have the right to deny them consent. You’re not required to give them consent to search. Again, saying “no” when they ask if they can search your home cannot be used against you in any way, shape, or form.
Military Inspection Searches
First, there are searches that amount to military inspections. Things like routine checks of a barracks room. There are strict rules regarding these types of searches, but generally, any sort of contraband or evidence of a crime that is found can be used against you.
Military Drug Searches
Military members are subject to random drug testing. The results of these drug tests are generally looked at in the same light as a military inspection. Meaning, the military is authorized to order random drug testing and use the evidence that is found in a criminal proceeding.
If someone fails a drug test, military law allows the command to continue ordering additional drug tests until tests come back negative. The process used for these follow on tests are sometimes in violation of the law. It’s important to have an attorney review the facts of drug searches to determine if there are ground to fight them at trial.
Property Searches Through Consent
Military investigators can conduct property searches or searches of an accused person if they get consent. In so many cases those accused of a crime will waive their rights rights and consent to these searches. Even if a military member asks for an attorney and refuses consent, investigators can re-ask for consent until a member is formally represented by counsel.
Property Searches Without Consent
Military investigators can search the person or property of an accused person without consent if they receive search authorization from a military magistrate, or if they receive a search warrant from a local judge through the coordination with local law enforcement.
A search authorization requires law enforcement to have probable cause to believe that the requested search will yield evidence of a crime. Probable cause is a low standard, but skilled attorneys can attack the underlying basis for a search authorization, and if it is legally deficient, that evidence and any evidence that came as a result of the improper search will be excluded at trial.
Repeated Searches
Once law enforcement conducts a search, whether by consent or through authorization, there are many circumstances which would have those same investigators coming back for additional searches in the future. Additional searches generally require new consent or renewed search authorization. These repeated searches generally occur because there is new suspicion that there was additional evidence that was not seized during the first search.
Experienced attorneys have methods to quash additional searches, especially once a military judge is involved in a matter.
Digital Searches
Digital searches, such as searches of computers, cell phones, and other digital devices work very similar to ordinary property.
The most important thing to know about digital evidence is that you have no obligation to assist in a digital search by entering passwords, but you can be forced to use your thumb print or face ID to unlock a phone. Investigators can gain access to things like your home, your car, your devices, and your work center in a variety of different ways, including by your consent for them to search or by getting a search authorization or a warrant. Sometimes, search authorizations give investigators a period of time during which they can conduct the search, and depending on the nature of the search, that period of time may be for an extended number of days, weeks, or even months.
Once investigators allow that time period to expire, they do need to go back to a military magistrate, a judge, or someone who can authorize a search to seek a second search warrant. Sometimes, you won’t even know about that process because it unfolds behind the scenes and there’s no need for them to tell you if they’re seeking another search warrant.-
The first time you might hear about a judge granting a warrant or a military magistrate granting an authorization could be when investigators come knocking on your door to conduct a search. If investigators are there without a warrant or authorization, however, and are asking for your consent to search your home, you always have the right to deny them consent. You’re not required to give them consent to search. Again, saying “no” when they ask if they can search your home cannot be used against you in any way, shape, or form.
