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you are here: > Military Code
> Article 107
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17. General
principles of discovery and investigation
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| Article 107-Rules of evidence and warrants | ||
| 107.1 | Rules of evidence and warrants | |
| A warrant is defined as an authorization issued by a competent officer, usually a judge or magistrate,that commands an act to be performed, (which otherwise would be an illegal act that would violate individual rights) and affords the person executing the writ protection from damages if the act is performed. | ||
| 107.2 | Search warrant | |
| A "search warrant" is a written order, issued by a magistrate and directed to a military law officer, commanding them to either enter and search for any property or thing and to seize the same and bring it before such magistrate or commanding them to search for and make recorded images/electronic communication/medical analysis of a person and to deliver to the magistrate any of the images/electronic communication/medical evidence pursuant to the order. | ||
| 107.3 | Types of search warrants | |
| There shall be only five types of search warrants: | ||
| 1. Search and seizure | ||
| 2. Right of entry (and seizure) | ||
| 3. Search and surveillence | ||
| 4. Search and record | ||
| 5. Search and medically examine | ||
| 107.4 | Basis of issuence of search warrant | |
| All search warrants shall be issued based on conditions of probable cause. Probable cause shall differ slightly between the types of search warrants. | ||
| 107.5 | Search and seizure warrant | |
| A "search and seizure warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding them to enter and search for any property or thing and to seize the same and bring it before such magistrate pursuant to the order. | ||
| In order for a search and seizure warrant to be granted against a person or property the following conditions of probable cause must be met: | ||
| (1) that a specific offense has allegedly been committed; | ||
| (2) that the specifically described property or items that are to be searched for or seized constitute evidence of that offense or evidence that a particular person committed that offense; | ||
| (3) that the property or items constituting evidence to be searched for or seized are likely located at or on the particular person, place, or thing to be searched; | ||
| (4) A sworn affidavit setting forth substantial these facts establishing probable cause has been filed properly. | ||
| 107.6 | Right of entry warrant | |
| A "right of search warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding them to enter any property or thing and to seize any item deemed to be offensive, or record evidence of a breach and bring it before such magistrate pursuant to the order. | ||
| In order for a right of search warrant to be granted against a person or property the following conditions of probable cause must be met: | ||
| (1) that a specific civil or military offense has allegedly been committed against a specific health/fire/building/sanitation code; | ||
| (2) that entry of the property is required in order to establish whether the allegation of an offence is substantiated and if so, to record the specific breaches of that offence; | ||
| (3) A sworn affidavit setting forth substantial these facts establishing probable cause has been filed properly. | ||
| 107.7 | Search and surveillance warrant | |
| A "search and surveillance warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding them to make recorded images/electronic communication of a person and to deliver to the magistrate any of the images/electronic communication pursuant to the order. | ||
| In order for a search and surveillance warrant to be granted against a person or property the following conditions of probable cause must be met: | ||
| (1) that a specific offense has allegedly been committed or is likely to be committed in the near future; | ||
| (2) that the alleged offence that has been or is likely to be committed is a level 4 of higher offence; | ||
| (3) that the surveillence is likely to assist in the gathering of crucial evidence in relation to the offence, or to assist in the prevention of a serious offence; | ||
| (4) A sworn affidavit setting forth substantial these facts establishing probable cause has been filed properly. | ||
| 107.8 | Search and record warrant | |
| A "search and record warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding them to enter any property or thing and to make recorded images of a person and to deliver to the magistrate any of the images pursuant to the order. | ||
| In order for a search and record warrant to be granted against a person or property the following conditions of probable cause must be met: | ||
| (1) that a specific offense has allegedly been physically committed against a person under the age of 18; | ||
| (2) that the recorded images of the alleged victim(s) are required in order to secure a medical examination warrant against a parent or guardian; | ||
| (3) A sworn affidavit setting forth substantial these facts establishing probable cause has been filed properly. | ||
| 107.9 | Search and medically examine warrant | |
| A "search and medically examine warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding them to secure a person in order to make a medical examination and to deliver to the magistrate any of the medical evidence pursuant to the order. | ||
| In order for a search and medically examine warrant to be granted against a person or property the following conditions of probable cause must be met: | ||
| (1) that a specific offense has allegedly been committed which involves medical evidence upon a person; | ||
| (2) that the person has refused to voluntarily provide for medical examination or samples for analysis; | ||
| (3) A sworn affidavit setting forth substantial these facts establishing probable cause has been filed properly. | ||
| 107.10 | Search warrant may order arrest | |
| If the facts presented to the magistrate also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person. | ||
| 107.11 | Requisites of search warrant | |
| A search warrant issued under this chapter shall be sufficient if it contains the following requisites: | ||
| (1) that it run in the name of United America; (2) that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched; (3) that it command any peace officer of the proper county to search forthwith the person, place, or thing named; and (4) that it be dated and signed by the magistrate. |
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| 107.12 | Execution of warrants | |
| A peace officer to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. It must be executed within seven (7) days from the time of its issuance, and shall be executed within a shorter period if so directed in the warrant by the magistrate. | ||
| On searching the place ordered to be searched, the officer executing the warrant shall present a copy of the warrant to the owner of the place, if he is present. If the owner of the place is not present but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person. Before the officer takes property from the place, he shall prepare a written inventory of the property to be taken. He shall legibly endorse his name on the inventory and present a copy of the inventory to the owner or other person in possession of the property. If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at the place. | ||
| 107.13 | Days allowed for warrant to run | |
| The time allowed for the execution of a search warrant shall be seven (7) whole days, from the date and hour of its issuence until its day of expiry. The magistrate issuing a search warrant under the provisions of this chapter shall endorse on such search warrant the date and hour of the issuance of the same. | ||
| 107.14 | Seizure of property and/or arrest | |
| When the property which the officer is directed to search for and seize is found he shall take possession of the same and carry it before the magistrate. He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate. For purposes of this chapter, "seizure," in the context of property, means the restraint of property, whether by physical force or by a display of an officer's authority, and includes the collection of property or the act of taking possession of property. | ||
| 107.15 | Return of completed warrant | |
| Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the inventory of the property taken into his possession under the warrant. The officer who seized the property shall retain custody of it until the magistrate issues an order directing the manner of safekeeping the property. The property may not be removed from the county in which it was seized without an order approving the removal, issued by a magistrate in the county in which the warrant was issued; provided, however, nothing herein shall prevent the officer, or his department, from forwarding any item or items seized to a laboratory for scientific analysis. | ||
| 107.16 | Custody of property found | |
| Property seized pursuant to a search warrant shall be kept as provided by the order of a magistrate issued in accordance with this code. | ||
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