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Military property of the US.
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Nonappropriated fund activities of the armed forces of the US.
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Persons or property situated on or in a military installation, encampment, vessel, aircraft, vehicle, or any
other location under military control.
Power of Authorization
Power to authorize searches may be granted by a military judge or magistrate. Power to authorize searches may
also be granted by a commander who has control over the person, place, or thing to be searched.
Basis for Authorization
"Probable cause" requirements remain strict in military authorizations to search. The person granting the search
authorization must have reasonable belief that the information presented in support of "probable cause" is based
on fact and is reliable.
Execution of Authorization
After "probable cause" has been determined, the official will authorize the investigator to search. The official
may order the search conducted in a particular way. The permission may be either oral or in writing. While the
search is going on, the person being searched should be informed of the general nature of the search.
PROCEDURES REQUIRED FOR A MAIL SEARCH
Authority to search the mail is granted only by a US Court or a US Magistrate within the district where the
property is located. This authority must be through a search warrant. The federal law is strict. It reads: "No
person other than a duly authorized employee of the Dead Letter Office, or other person upon a search warrant
authorized by law, shall open any letter not addressed to himself." For mail searches, you should coordinate with
the US Postal Inspectors who have authority over the mail.
Mail Within Postal Channels (See Figure 1-3)
The authority of a commander to search does not apply to mail while it is in the postal channels. Mail cannot be
searched even when it is in Army postal channels.
Mail Out of Postal Channels
If a letter or parcel has not entered postal channels, it remains the personal property of the sender. As personal
property, it is subject to search and seizure, even if it is sealed.
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