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CAAF: No general exception to Fourth Amendment in living quarters in combat zone

By John Wesley Hall, Jr.

The Court of Appeals of the Armed Forces held today there is no general Fourth Amendment exception to military quarters in a combat zone. The court declined to rely on the military judge’s alternate ruling “that Appellant had no reasonable expectation of privacy in his living quarters.” Under the facts of this case, the court held that the military judge appropriately concluded that the commanding officer “had a substantial basis for making a probable cause determination to authorize the search.” United States v. Huntzinger, No. 09-0589/AR (C.A. A.F. April 30, 2010): [T]he granted issues concern the unique powers of search and seizure granted to military commanders under the application of the Fourth Amendment to members of the armed forces...continue to full post

Full post as published by Fourth Amendment on April 30, 2010 (boomark / email).