Legal Question in Military Law in California

search and seizure rights of accused officer during invesigation

I have a friend who is a Marine and being interrogated for adultery. They say they already have all his phone records, credit card records, etc. Can they tap his phone or record his conversations without his knowledge? What are his rights as a member of the military and how are they different than a civilian? What legal methods can the military employ to investigate him in the pre-trial phase? Please get back to me as soon as you can. Thanks so much.


Asked on 7/10/04, 12:02 am

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: search and seizure rights of accused officer during invesigation

Yes, they can obtain his phone records, credit card records, and tap his phone, as part of a criminal investigation, pursuant to a subpoena or command authorization based on probable cause. A service member retains most of the same Constitutional rights as any other citizen, and the lawfulness of those seizures can be challenged before a military judge if he ultimately faces a prosecution for any alleged crimes.

I am happy to discuss the case with your friend if he wants to call during normal East Coast working hours. An initial consultation is free of charge.

Read more
Answered on 7/10/04, 9:11 am


Related Questions & Answers

More Military Law questions and answers in California