Legal Question in Military Law in Nebraska

search and siezure//Reply

First, you need to know that anything that you say or put on this service is NOT protected by any type of confidentiality or privilege - indeed, I am quite sure that certain police agencies monitor it. Second, I doubt that it would be too difficult for the AF OSI or SF Investigators to figure out who you are. Thus, I would caution you about what you say here.

To get to your questions, to competently answer them, more facts are needed, e.g., the nature and value of the items in question, do you live on or off base, if on base, in a dorm or other base housing; who authorized the search of your residence or did you or someone else "consent" to the search, etc.

Next, if the items in question were seized as evidence, numerous factors apply as to whether or not such is admissible or usable as "evidence" against you. If you are on active duty, e.g., not a Reservist on training or Air Guard, you need to know that (a) you could be court-martialed for this; (b) you could be prosecuted by the State authorities; and (c) possibly (but probably not likely) prosecuted by both.

In any event, you need to have an attorney speak for you - anything that YOU say can and will be used against you, regardless of what the cops say. Remember, it is LEGAL for them to lie to you, but it is illegal for you to lie to them. Doesn't make sense, isn't fair, but that's the law. You have the right to remain silent - use it.

If you have not already spoken with the Area Defense Counsel there, please do so ASAP.

If you want to speak confidentially, call me at (585) 454-2000 X 12, for a free consultation.

Or you can e-mail me directly, but do NOT put anything "confidential" in your e-mail.

Good Luck,

Don Rehkopf