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Criminal Law

: Fourth Amendment

E.D.Va.: Soldier has no REP in his electronic gear on arrival at a new base, per military policy

By John Wesley Hall, Jr.

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On a military base, a soldier had been transferred for processing for release for medical reasons. Under standard military protocol, all electronic devices were searched for contraband, including pornography, and two images of child pornography were found on an MP3 player. The service member had no reasonable expectation of privacy in his MP3 player on a military base. United States v. Rendon, 2009 U.S. Dist. LEXIS 33557 (E.D. Va. April 21, 2009): Applying this standard here, the Court believes that military society would not recognize a legitimate expectation of privacy in the contents of a portable electronic device brought by a service-member onto a military base, which is examined for contraband during routine in-processing procedures...continue to full post

Full post as published by Fourth Amendment on April 25, 2009 (boomark / email).

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