Legal Question in Military Law in Texas

Search of POV

If you get arrested inside the barracks on military post for possession of marijauna, do they have the right to search and seize things out of your privately owned vehicle that had nothing to do with the above alleged offense while the alleged was arrested and taken into custody without acknowledgement?


Asked on 10/11/07, 1:39 am

2 Answers from Attorneys
Philip D. Cave Military Law & Justice

Re: Search of POV

It depends, but not usually unless they have a search authorization from the Post commander or your consent. Would need to know more of the facts.

Sincerely, www.court-martial.com

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Answered on 10/11/07, 8:54 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Search of POV

Mr. Cave is somewhat correct. If your privately owned vehicle was driven onto a military post, then your privately owned vehicle is subject to search. This authorization is derived from the jurisdiction of the base property and the base Commander by directive. The fact that you were taken into custody for a separate alleged violation of the UCMJ may or may not be associated with the search of your vehicle. If my lawfirm can assist you with this legal matter (e.g., pending court martial of administrative separation) or any other legal issue, please contact my legal assistant Jennifer ([email protected]).

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Answered on 10/11/07, 5:06 pm


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