To obtain a search warrant, the authorized person must present to the legal
authority an affidavit to support his request. It must contain the following:
o
A factual statement of the offense committed or the probable cause to believe
an offense has been committed.
o
The facts establishing probable cause for believing that the person, place,
or item to be searched and the property to be seized are connected with the
offense stated.
o
Probable cause to believe that the property is presently located on the
person, place, or item to be searched.
o
Also specific details describing the person, place, or item to be searched.
The specific items to be seized must be listed to obtain the search warrant.
The search warrant and affidavit are then signed and sworn to before the legal
authority.
Factual data must be based on personal knowledge of the affiant or
hearsay information which will be evaluated on the basis of the reliability of the
informant, his personal knowledge of the event and the credibility of the furnished
information. DA Form 3745-R (Search Warrant) is contained in AR 27-10.
Searches Without a Warrant. A search
may be made immediately after the commission
of a crime to prevent the removal or
disposal of property in illegal possession.
Once again, probable cause must exist
to believe that the property will be removed
or destroyed if an immediate search is
not conducted.
An emergency search of a vehicle can be made if there is probable cause to believe
the vehicle contains criminal evidence.
The search must be made as soon as
possible after the apprehension, otherwise a search warrant must be obtained to
search the vehicle once a reasonable amount of time has elapsed.
Searches may also be made of persons who are incapable of providing information.
This includes persons who may be injured or unconscious.
The search is conducted to secure data which may be lifesaving in nature.
Stop and Frisk Searches. Military police have the authority to stop and question
anyone they have reasonable cause to believe may be involved in a criminal act.
They also have the authority to frisk search to ensure their own safety.
If a
possible weapon is discovered, the searcher may reach into the suspect's clothing
to remove it. The frisk is limited to weapons only. However, when a, search is
conducted incidentally to a lawful apprehension or is otherwise legal, all illegal
items found on the subject may be seized as evidence.
Mail Searches.
Authority to search mail is only granted by a US court
or a US magistrate within the district where the property is located.
A search
warrant is required since federal law states that no person other than a duly
2-33
MP2004
Previous Page
