You have now learned the basics of the laws governing search and seizure. These laws are different than the rules
governing military inspections.
MILITARY INSPECTIONS
The primary reasons for military inspections are to determine and ensure--
o
Security.
o
Military fitness.
o
Good order and discipline.
There are traditional and special inspections. Traditional inspections are within a commander's authority. They
are also part of his or her responsibilities. As such, the commander may examine, in whole or part, a unit,
organization, installation, aircraft, or vehicle.
This inspection does not require "probable cause." Only a search for evidence to be used in criminal prosecution
requires "probable cause." However, discovered unlawful weapons or contraband can be seized. These items
then become evidence which can be held and used for criminal prosecution.
Trained contraband detecting dogs and other technical aids may be used during this type of inspection. The
special requirements are listed in Figure 1-6.
In order to conduct an inspection specifically to look for weapons or contraband, certain conditions must be met.
Those conditions are--
o
The presence of the items will negatively affect the unit's security, military fitness, or good order and
discipline.
o
A "reasonable suspicion" exists that the items are in the command.
Figure 1-6. Requirements for Use of Contraband Detecting Dog During a Search.
o
The inspection must have been previously scheduled.
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