The Exclusionary Rule. The Fourth Amendment guarantees the right of the people to
be secure in their persons, houses, papers, and effects against unreasonable search
and seizure.
It denounces unreasonable searches and seizure but does not define
what is unreasonable. Federal law provides penalties including imprisonment up to
one year for persons who violate the law. Criminal prosecution or civil suits for
damages may result from illegal searches or seizures.
Federal courts have defined reasonable searches. They have drawn the line between
reasonable and unreasonable and have formulated a rule of constitutional force.
This rule excludes from trial all materials obtained by government agents in
illegal searches.
The rule is called "The Exclusionary Rule." It is enforced by military courts.
It
not only applies to the original evidence, but may apply to derivative evidence.
PART E - MANAGE SURVEILLANCE AND UNDERCOVER OPERATIONS
As a military police investigator, you may have to place an agent undercover or go
undercover to gather more information. The following areas will be covered in this
part covering the management of surveillance and undercover operations:
o
Preparing for surveillance operations.
o
Surveillance precautions.
o
Types of surveillance and surveillance techniques.
o
Selecting undercover investigators.
o
Planning an undercover operation.
Preparing for Surveillance Operations.
Before surveillance
can
take
place,
it
must
be
prepared
for.
Preparation
includes--
o
Planning for surveillance.
o
Identifying the subject of surveillance.
o
Preparing the surveillant for operation.
Each is discussed in detail below.
Planning for Surveillance. When it is decided that a surveillance is required, all
information on the subject should be compiled for the surveillant.
Before the
surveillance takes place, a reconnaissance of the area is-made to determine the--
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MP2004
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