room and gets his cassette tape player back. Has PVT Arhaid violated the Fourth Amendment? No, he has not.
Because PVT Arhaid is not an MP or police agent, he is considered a private party. However, it is possible that
SPC Dumkauf may have a civil action against PVT Arhaid for trespassing.
Example 2:
You are a military police supervisor. When you arrive home from work, you receive a phone call from your
friend WO Howie.
WO Howie is upset because CPT Doodie took his golf clubs. WO Howie wants you to go into CPT Doodie's
garage and get his golf clubs back. If you go into CPT Doodie's garage and seize the stolen golf clubs, would you
be in violation of the Fourth Amendment? Since you are an MP officer, a search and seizure without appropriate
authorization would be in violation of the Fourth Amendment.
Foreign Searches
If you are supervising searches and seizures in a foreign land, there are some special considerations you must be
aware of.
When the person or property to be searched is located in a foreign country, a search and seizure may be
authorized IAW AR 190-22. US military personnel may conduct searches of property located outside of premises
controlled by US forces if--
o
Host country authorities have given their consent.
o
The search is consistent with international agreements.
o
Host country authorities agree with the policy arrangements.
In the Court of Military Appeals case of United States v. Jordan, 1 MJ 334 (CMA 1976), the court ruled that
"fruits" (evidence) of a search conducted by foreign officials would be admissible if the search was:
o
Congruent with US Constitutional standards/US Constitution N/A to Foreign officials.
o
Entirely conducted by foreign officials. The mere presence of American authorities will not nullify the
admissibility of evidence obtained from a foreign search. However, the American authorities must not
participate in the search.
o
Legal under the law.
o
Not shocking to the conscience.
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MP2002
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