Understanding Searches, Seizures, Inspections, Inventories, and Individual Rights Advisement: What Every Commander Should Know
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This paper investigates the United States Constitution and its Amendments as the foundation of the military justice system and focuses on the particular areas of searches, seizures, inspections, inventories, and individual rights advisements. It is proposed that all new commanders must understand the intricacies of searches, seizures, inspections, inventories, and individual rights advisement as a fundamental duty of command. Specific attention is given to the applicability of Fourth, Fifth, and Sixth Amendment rights as related to United States military members. It is demonstrated that the mi...
This paper investigates the United States Constitution and its Amendments as the foundation of the military justice system and focuses on the particular areas of searches, seizures, inspections, inventories, and individual rights advisements. It is proposed that all new commanders must understand the intricacies of searches, seizures, inspections, inventories, and individual rights advisement as a fundamental duty of command. Specific attention is given to the applicability of Fourth, Fifth, and Sixth Amendment rights as related to United States military members. It is demonstrated that the military has been defined as a separate community, however, this does not preclude military members from being afforded constitutional protections. Specifically, the United States Supreme Court and Court of Military Appeals have stated that just because individuals shed their civilian clothes for a military uniform, they are not stripped of their constitutional protections. This paper takes an in-depth view of the United States Constitution and its Amendments, the Uniform Code of Military Justice, the Manual for Courts-Martial, and the Military Rules of Evidence. This in-depth view highlights the relationship between constitutional protections and the formalized rules of the military justice system.
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