While conducting the strip search, take care to avoid embarrassing the subject. Two unarmed MP should conduct
the search while a third armed MP guards the door. After determining the position and duties of the MP, they
should--
o
Examine each item carefully.
o
Inventory all items taken from the subject.
o
Search the subject's body, paying careful attention to the hair and body cavities. Do not intrude into
body cavities.
Now you have learned the requirements necessary for searching and seizing evidence from a person. The next
section on searching will focus on the requirements for legally searching and seizing evidence from a vehicle.
There are special considerations inherent in searching vehicles.
VEHICLE SEARCHES
Searches of military and private vehicles may be conducted--
o
With a search warrant.
o
By authorization of the installation commander.
o
By consent of the driver or owner (depending on the nature of the vehicle).
o
As incident to lawful apprehension.
Special Considerations
When an individual is apprehended while driving a car, the entire car does not have to be searched. Earlier in Part
B, you learned about the scope of a search and seizure. Remember that the scope of a search incident to
apprehension is limited to that area within the subject's reach or control. This rule applies to searches of vehicles.
Only those portions of the vehicle that the subject might reach may be searched.
This law was tested in court in the case of New York v. Belton (453 DS 454, 69 LEd 2d 768 101 S. Ct. 286,
1981). For example, MP Spry stopped SPC Boozer for questioning regarding erratic driving on a military
installation. After pulling his vehicle to the side of the street, SPC Boozer exits his vehicle and walks back to
meet Spry. After administering appropriate questions and tests for intoxication, Spry apprehends Boozer and
places him in hand irons. Once Boozer is in custody, Spry conducts a search of his vehicle. Remembering the
scope of search requirements, the MP limits his search to the area within SPC Boozer's reach. In the glove
compartment Spry discovers an open liquor container and what seems to be amphetamine drugs. Will the
evidence Spry discovered be admissible in court?
MP2002
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