SITUATION: SGT Case is a military police investigator. SGT Billingham has mailed a large brown envelope by
first class mail from a military post office. You are sure that this envelope contains contraband.
As an MPI does Case have the right to open the envelope that SGT Billingham deposited into the US
military mail system?
Yes, because it is in the US military mail system, still on a US military base.
Yes, because being an MPI, Case has authorization of the provost marshal.
No, because the provost marshal did not give authorization in writing.
No, because no person other than a duly authorized employee of the Dead Letter Office, or other
person upon a search warrant authorized by law may open a letter not addressed to him.
As an MPI, Case had probable cause and a search warrant to search SGT Billingham's desk. SGT
Billingham has a large brown envelope ready to mail. It is addressed and sealed. Can Case open this envelope?
No, because it is addressed and sealed ready for mailing.
No, because the addressee has to be present when opened.
Yes, because it is personal property, and has not entered the postal channels.
Yes, because it was in his desk, and anything in a desk can be opened, at any time.
SGT Case has a search warrant and is searching PVT James' locker. Case finds a stack of letters from
James' girl friend. Can Case search these letters?
No, because they are letters that came in the US mail system.
Yes, because they are no longer in the US mail system. Once delivered, they are personal
Yes, because being an MPI, Case has the right to open mail at anytime.
Yes, but only the ones that have no stamps on them.
SITUATION: You are supervising an investigation of a theft that happened at Fort Bragg. The PVT you are
investigating lives off post. On visiting his residence, you find him out. His landlord is at home in the next
apartment. Eager to help, the landlord opens the private's apartment. He gives you permission to search the
Is the search of the private's apartment a legal search IAW the "consent to search" law?
Yes, because the landlord gave permission to search.
Yes, because it is off post.
No, because the landlord cannot consent to search of property he has rented.
No, because only civilian police can conduct a search off post.