against him or her was obtained unlawfully, that evidence is not admissible. If the prosecution wants the evidence
admitted, it must prove that the evidence was obtained legally (Manual for Courts-Martial (MCM)). "Fruit of the
Poisonous Tree" requires a casual connection between the illegal activity and the evidence derived from the
activity.
Probable Cause
Most legal searches begin with "probable cause." Probable cause is difficult to define clearly. See Figure 1-2.
Figure 1-2 has been designed to give you a feeling for probable cause. Basically, probable cause to search means
that there is--
o
Reasonable belief that a crime has been committed.
o
Reasonable belief that the person, property, or evidence connected with the crime is on the person or in
the place to be searched.
Figure 1-2. Probable Cause Measured.
PART A - PROCEDURES REQUIRED FOR PROCURING AND EXECUTING AN AUTHORIZATION TO
SEARCH
Now you understand some of the basic background that forms the laws and considerations for search and seizure.
Next, we will look at some specific procedures required for getting and carrying out an authorization to search.
1-5
MP2002
Previous Page
