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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.

Conditions:
You are a soldier in the U.S. Army. As a
soldier, you are responsible for identifying
and understanding protections of the 4th
Amendment of the U.S. Constitution against
unreasonable searches and seizures and its
application in the U.S. Army. You must also
identify and understand who is permitted to
authorize a search; the search’s legal
basis, purpose, and scope; and permissible
exceptions to the 4th Amendment.
Additionally, you must identify and
understand the differences between an
inspection and a search.

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.

Performance
Steps

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.

Evaluation
Preparation:

Setup:
Evaluate this task at the end of military
justice training on conducting searches and
seizures.

Brief
Soldier:
Tell the soldier that he will
be evaluated on his ability to identify and
understand protections of the 4th Amendment
of the U.S. Constitution against
unreasonable searches and seizures and its
application in the U.S. Army. Tell the
soldier that he will also be evaluated on
his ability to identify and understand who
is permitted to authorize a search; the
search’s legal basis, purpose, and scope;
and permissible exceptions to the 4th
Amendment. Tell the soldier that he will
also be evaluated on his ability to identify
and understand the differences between an
inspection and a search.

Performance
Measures

GO

NO
GO

1.   Listed the authority for search and seizure.





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.





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.





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.





5.   Described the scope of an authorized search.





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





7.   Described exceptions to the 4th Amendment.





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

 


 


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

 


 


(2) 
Described the 4th
Amendment application to the
search of Government property.

 


 


(3) 
Described the 4th
Amendment application to items in
"open view."

 


 


b.
Described
a consent search.

 


 


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

 


 


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

 


 


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

 


 


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

 


 


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

 


 


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

 


 


c.
Described
search incident to apprehension.

 


 


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

 


 


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

 


 


d.
Described
search under exigent circumstances.

 


 


(1) 
Defined what
constitutes exigent circumstances.

 


 


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

 


 


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

 


 


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

 


 


8.   Described inspection procedures.





a.
Defined inspection.

 


 


b.
Described
the primary purpose test of
inspection.

 


 


c.
Described
the scope of inspection.

 


 


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

 


 


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

 


 


f. 
Described the subterfuge
rule regarding inspection.

 


 


g.
Described
health and welfare inspection.

 


 


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

 


 


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

 


 


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

 


 


i.  
Described the
permissibility of a gate inspection.

 


 


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

 


 


k.
Described
the authority of a commander to
conduct an inventory of a soldier’s
property.

 


 


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

 


 


(2) 
Described whether
contraband discovered during an
Inventory may be seized and used
as evidence in a criminal
prosecution.

 


 


Evaluation
Guidance:
Score the soldier GO if all
performance measures are passed. Score the
soldier NO GO if any performance measure is
failed. If the soldier scores NO GO, show
him what was done wrong and how to do it
correctly.


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