(b) You will develop through your investigation the probable cause
necessary to request from the commander the authority to conduct a raid. Raids
will normally be based on the commander's authorization to search, the consent
search, and the search incidental to a lawful apprehension.
These are
discussed below.
(2) A consent search is made with the consent of the person whose
property is to be searched or seized.
Only then is this search considered
reasonable and lawful.
(a) Consent
must
not
be
obtained
through
fraud,
inducement,
or
coercion.
(b) Consent should be secured in writing.
Such evidence refutes any
later allegation of nonconsent.
(c) Consent must be obtained from the person whose privacy is to be
invaded; or, it must be obtained from the person legally occupying a dwelling
at the time. A landlord or military housing officer cannot give permission to
have a tenant's home or room searched. A person legally occupying a room is
entitled to freedom from molestation; and in the absence of a proper search
warrant or commander's authorization, the room may not be searched without the
occupant's permission.
The only exception occurs when the search is made
incidental to a lawful apprehension.
(d) When a search is made with consent, the search may cover the
entire portion of the area included in the consent. That area must be the one
over which the consenting party has control. The search must be conducted only
for the items embodied in the consent.
(3) Searches incidental to a lawful apprehension may be made of certain
objects. These may be an individual's person or the clothing he is wearing.
It may also be a search of the property that is in his immediate possession or
control, and of the place where the apprehension is made. The legality of the
search will depend entirely on the lawfulness of the apprehension. The search
should be made at the time of apprehension.
Searches made hours after the
apprehension may be held by the courts to be illegal and unreasonable.
A
search is also legal if the following applies:
(a) It is incidental to a lawful hot pursuit of a person or it is
necessary to prevent resistance or escape.
(b) It is made under circumstances demanding immediate action.
Such
action must occur to prevent the removal or disposal of property believed to be
criminal goods. Such belief must be based upon reasonable grounds.
3.
Intelligence.
a. The success of any military operation depends directly upon the
commander's intelligence; adequate intelligence enhances the probability of
success.
The lack of it contributes to failure.
The raid, as a military
4-3
MP0100
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