evidence obtained would be admissible in court. But the subject does not have to give his or her permission for
this intrusive search. A nonconsensual, intrusive search must comply with a number of rules:
o
For the purpose of search, the intrusion must be conducted--
-
To look for weapons, contraband, or evidence of a crime.
-
After obtaining a search authorization issued under MRE 315 ("probable cause" search rules).
-
By qualified medical personnel.
o
For the purpose of seizure, the intrusion must be conducted--
-
To seize weapons, contraband, or evidence of a crime.
-
After obtaining a search authorization issued under MRE 315 ("probable cause" rules).
-
By qualified medical personnel.
The one exception for seizure is if the evidence is in plain view. If evidence is in plain view, no search
authorization is required. Searches under the "Plain View Doctrine" will be covered in greater detail in Part C.
Sometimes it is necessary to obtain body fluids as evidence. Body fluids that are collected are blood, urine, and
the stomach contents. When it becomes necessary to collect these body fluids, MP must follow specific
requirements. MRE 312 (d) requires that medical personnel be present and a search authorization be obtained.
There is an exception to the requirement for a search authorization. If the evidence being looked for tends to
vanish quickly and easily, no search authorization is necessary. Examples of types of evidence that would tend to
vanish quickly are alcohol and drugs.
The collection of necessary evidence (such as blood or urine) to determine a level of intoxication may be refused.
Involuntary submission to a breath or body fluid test is forbidden by AR 190-5. However, if a subject refuses to
submit to a breath, urine, or blood test, his or her installation driving privileges may be revoked.
Should MP want an intrusive body search without a search authorization, they must make sure--
o
There is a clear indication that evidence of a crime will be found. This requirement is a much higher
standard than "probable cause."
o
The evidence is of a vanishing nature.
o
Qualified medical personnel conduct the search.
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