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Cal.1st: Military search authorization by base commander was sufficient for civilian court

By John Wesley Hall, Jr.

M.R.E. 315(f)(1) search authorization for Air Force member's dorm room was presented by affidavit for a search warrant, and the base commander authorized the search which could be used in civilian court. The base commander's authority was sufficient under the Fourth Amendment. People v. Jasmin, 2008 Cal. App. LEXIS 1468 (1st Dist. September 26, 2008): Although scant California authority exists discussing the constitutional legitimacy of military searches, cases from other jurisdictions indicate that it is hardly a novel proposition. (See Chapman, supra, 954 F.2d at pp. 1367–1371; United States v. Brown, supra, 784 F.2d at pp. 1036–1037; United States v. Banks (9th Cir. 1976) 539 F.2d 14, 16–17; Wallis v. O'Kier (10th Cir. 1974) 491 F...continue to full post

Full post as published by Fourth Amendment on September 28, 2008 (boomark / email).