SEARCH AND SEIZURE
Subcourse MP1021
Edition D
United States Army Military Police School
Fort Leonard Wood, Missouri 65473-8929
4 Credit Hours
Edition Date: April 1996
This subcourse examines the law of search and seizure. It covers the general principles and applicability of the Fourth Amendment to the United States Constitution. After analyzing when the Fourth Amendment protection applies, it examines in detail the law governing searches pursuant to a warrant/authorization. This includes an understanding of the probable cause standard, and how it may be satisfied. The subcourse then examines the various exceptions to the warrant/authorization requirement.
The criminal investigator must understand this area of the law. The actions of the police officer can drastically affect whether or not the offender can be successfully prosecuted. Officers and NCOs must also understand the critical roles they play in the functioning of our military justice system. Involvement in police work inevitably will involve such matters as apprehensions, searches, and seizure of evidence. Unless you have a basic understanding of this area of the law, the result will be illegal searches, and an exclusion of the evidence at trial. The criminal may then go free, due to the errors of those who sought to apprehend him.
There are no prerequisites for this subcourse.
This subcourse reflects the doctrine which was current at the time it was repared. In your own work situation, always refer to the latest official ublications.
Unless otherwise stated, the masculine gender of singular pronouns is used to efer to both men and women.
TERMINAL LEARNING OBJECTIVE:
| ACTION: | You will understand and be able to apply the law of search and seizure. You will understand the law governing the conduct of searches, seizures, and apprehensions. You will understand the law applicable to searches and seizures that are based on a prior authorization/warrant, as well as those which are based on an exception to the authorization/warrant requirement. |
| CONDITION: | You will have this subcourse. |
| STANDARD: | To demonstrate competency of this task you must achieve a score f 70 percent on the subcourse examination. |