181-101-4001 (SL4) - Conduct a Search/Seizure
Standards: Identified and understood the protections of the 4th Amendment of the U.S. Constitution against unreasonable searches and seizures and its application in the U.S. Army. Identified and understood who was permitted to authorize a search; the search's legal basis, purpose, and scope; and permissible exceptions to the 4th Amendment. Identified and understood the differences between an inspection and a search.

1.   List the authority for search and seizure.

a. Describe the 4th Amendment to the U.S. Constitution's protection against unreasonable searches and seizures.

b. Describe the 4th Amendment to the U.S. Constitution's applicability to U.S. Army soldiers.

c. Describe the necessity for the 4th Amendment to the U.S. Constitution to apply differently to soldiers and civilians.

d. Describe the 4th Amendment to the U.S. Constitution's requirement that a search or seizure be based on probable cause and a "warrant" or "authorization" in the armed forces.

2.   Identify the requirements for conducting a search or seizure.

a. Describe the requirement for the commander to first determine whether probable cause exists and define what constitutes probable cause to search.

b. Describe the totality of the circumstances test used to evaluate whether probable cause exists.

3.   Describe which person(s) have the authority to authorize a search.

a. Describe where this authority is derived.

b. Describe whether this authority can be further delegated.

c. Describe why it might be preferable to have a military magistrate or military judge authorize a search instead of the commander.

d. Describe the requirement for a commander to have authority over the place to be searched in order to authorize a search of that place.

e. Describe whether a commander has authority to authorize a search of a soldier's off-post quarters or personal property in the continental United States (CONUS).

4.   Describe the procedures required to obtain an authorization to search.

5.   Describe the scope of an authorized search.

6.   Describe the requirement for the commander to be neutral and detached.

7.   Describe exceptions to the 4th Amendment.

a. Describe various types of searches that are exceptions to the 4th Amendment.

(1)  Describe the necessity for the suspect to have a reasonable expectation of privacy in the area searched.

(2)  Describe the 4th Amendment's application to the search of Government property.

(3)  Describe the 4th Amendment's application to items in "open view."

b. Describe a consent search.

(1)  Describe whether command authorization is required with a consent search.

(2)  Describe whether probable cause is required with a consent search.

(3)  Describe the requirement for the consent to be voluntary or freely given.

(4)  Describe the applicability of the totality of the circumstances test to a consent search.

(5)  Describe how the consent may be partial or limited and the restrictions this places on the search.

(6)  Describe withdrawal of consent and its effect on continuation of the search.

c. Describe search incident to apprehension.

(1)  Describe the legitimate reasons for such a search.

(2)  Describe the scope or parameters of such a search.

d. Describe search under exigent circumstances.

(1)  Define what constitutes exigent circumstances.

(2)  Describe the legitimate reasons for conducting a search under exigent circumstances.

(3)  Describe whether a search authorization is required for search under exigent circumstances.

e. Describe the requirement and importance of maintaining a proper chain of custody.

8.   Describe inspection procedures.

a. Define inspection.

b. Describe the primary purpose test of inspection.

c. Describe the scope of inspection.

d. Describe whether the 4th Amendment restricts a commander's authority to order an administrative inspection.

e. Describe the relationship between a "search" and an "inspection."

f.  Describe the subterfuge rule regarding an “inspection.”

g. Describe health and welfare Inspection.

(1)  Describe the primary purpose and scope of health and welfare inspection.

(2)  Describe whether the use of drug detection dogs during health and welfare inspection is permissible.

h. Describe the permissibility of a commander conducting an inspection or "lock-down" for lost weapons or ammunition.

i.   Describe the permissibility of a gate inspection.

j.   Describe the admissibility of evidence at trial obtained through an illegal search or inspection.

k. Describe the authority of a commander to conduct an inventory of a soldier's property.

(1)  List the circumstances under which an inventory is required.

(2)  Describe whether contraband discovered during inventory may be seized and used as evidence in a criminal prosecution.

1.   Listed the authority for search and seizure.

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a. Described the 4th Amendment's protection against unreasonable searches and seizures.

b. Described the 4th Amendment's applicability to U.S. Army soldiers.

c. Described the necessity for the 4th Amendment to apply differently to soldiers and civilians.

d. Described the 4th Amendment requirement that a search or seizure be based on probable cause and a "warrant" or "authorization" in the armed forces.

2.   Identified the requirements for conducting a search or seizure.

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a. Described the requirement for the commander to first determine whether probable cause existed and defined what constitutes probable cause to search.

b. Described the totality of the circumstances test used to evaluate whether probable cause existed.

3.   Described which person(s) have the authority to authorize a search.

a. Described where this authority is derived.

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b. Described whether this authority can be further delegated.

c. Described why it might be preferable to have a military magistrate or military judge authorize a search instead of the commander.

d. Described the requirement for a commander to have authority over the place to be searched in order to authorize a search of that place.

e. Described whether a commander has authority to authorize a search of a soldier's off-post quarters or personal property in the continental United States (CONUS).

4.   Described the procedures required to obtain an authorization to search.

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5.   Described the scope of an authorized search.

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6.   Described the requirement for the commander to be neutral and detached.

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