Legal Question in Military Law in California

Illegal search and seizure

I'm in the military and I was recently accused of altering my I.D. card. These cards are designed with the age on the back of them. My question is, the guard at the gate I was coming through when I was stopped took my card out of my hand to inspect it. Typically the guards only check to see the you are who you claim to be and never take possesion of the card. Since I didn't give the guard permission to take hold of my I.D. is this a case of illegal search and seizure on the guard's part, bearing in mind that Military Law is different from civilian.


Asked on 3/11/04, 4:19 pm

3 Answers from Attorneys
Not Available

Re: Illegal search and seizure

You raise an interesting issue - the answer to which will depend on all the applicable facts and circumstances at the time of the incident.

As a practical matter, unless the case is going to be heard at a court-martial where the military rules of evidence apply with a military judge, your issue will likely fall on deaf ears at an administrative hearing such as non-judical punishment. Most COs will not be willing to consider the subtle legal issues you raise.

At a court-martial the issue should be raised as a pretrial motion to supress evidence.

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Answered on 3/11/04, 5:06 pm
Philip D. Cave Military Law & Justice

Re: Illegal search and seizure

There is no illegal search or seizure issue here.

Sincerely,

www.court-martial.com

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Answered on 3/11/04, 9:17 pm
Philip D. Cave Military Law & Justice

Re: Illegal search and seizure

Follow-up

AFI 36-3026 is a copy of the Joint Service Regulation on ID Cards. Paragraph 1.14 specifically lists "confiscation" in situations like yours by military police, law enforcement, and E-4's and above.

Sincerely,

www.court-martial.com

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Answered on 3/11/04, 9:36 pm


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