c. The principles of execution in this lesson will be applicable to both
types of raids.
2.
Legal Considerations.
a. A police raid, either planned or hasty, must be lawful and conducted
legally.
The MCM authorizes the military commander to execute police raids
within the confines of the area under his military control.
This may be a
post, camp, station, installation, or an overseas area under occupational
control.
In areas not subject to military jurisdiction, the civil police
should be furnished all the information or evidence necessary to warrant a
raid; where military interests are involved, investigators may accompany the
civil authorities to take charge of military prisoners or to identify
government property.
b. A police raid is basically a search and seizure operation. As such, it
is subject to those relevant laws. Generally, the Fourth Amendment to the US
Constitution guarantees, "The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures...., and no warrants shall [be] issued, but upon probable cause,
supported by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized."
(1) Search is defined as the examination of the person of an alleged or
suspected offender.
Or, it may be the examination of his house or other
building or property in the course of law enforcement and maintenance of order.
The purpose is to locate contraband, stolen property, or other evidence in
order to seize it.
(2) Seizure denotes the taking in custody of persons or property, such
as contraband, or other evidence of guilt. The purpose is to submit that taken
to the appropriate authority.
c. MPs receive the authority to search in three basic ways. One is by
authorization of the commander.
This is equivalent to a civilian search
warrant. Another is by consent of the subject to be searched.
The last is
that which occurs incidental to a lawful apprehension.
(1) The commander having jurisdiction over a military area has the power
to make or order a search of persons or property located in that area. As the
commander, his authority is equivalent to a search warrant.
However, for a
search to be legal, it must be based on probable cause.
This is true even
though it is authorized by a commander.
It cannot be conducted merely for
exploratory purposes.
(a) Probable cause occurs when one in authority has certain knowledge
of facts and circumstances based upon trustworthy information; such information
justifies him to conclude that seizable items are located in a particular
place.
This conclusion should always be reached by exercising prudence and
reasonable caution.
MP0100
4-2
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