Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA4: Standard military inspection of iPod found CP and was reasonable

By John Wesley Hall, Jr.

The inspection of a military servicemember's iPod was necessary and conducted under military necessity (Mil. R. Evid. 313, "to locate and confiscate unlawful weapons and other contraband") under standard military protocol without any individualized suspicion at a base for processing out. Child pornography was found, and defendant admitted that more would be found at the computer at his parent's house. A search warrant was issued for the house. The search of the iPod was reasonable. Military necessity is governed by U.S. Const., art. I, § 8, cl. 14, although service members are protected by the Fourth Amendment as well. Military necessity alters the "special needs" doctrine (United States v. Jenkins, 986 F.2d 76, 78 (4th Cir. 1993)). United States v...continue to full post

Full post as published by Fourth Amendment on June 18, 2010 (boomark / email).