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CONSENT TO SEARCH
(SEE JAGMAN 0170)
I,
,
have been advised that inquiry is being made
in connection with
I have been advised of
my right not to consent to a search of [my person] [the premises mentioned below]. I hereby authorize
and
who [has]
[have been] identified to me as
to’ conduct a
Position(s)
complete search of my [person] [residence] [automobile] [wall locker] [
] located at
I authorize the above listed personnel to take from the area searched any letters, papers, materials, or other
property which they may desire. This search may be conducted on
Date
This written permission is being given by me to the above named personnel voluntarily and without threats
or promises of any kind.
Signature
WITNESSES
Figure 4-2.-Consent to search.
apprehension of personal danger is involved, nor can the
A search incident to a lawful apprehension will be
frisk be conducted in a more than cursory manner to
ensure safety. Further, any detention must be brief and
related to the original suspicion that underlies the stop.
SEARCHES INCIDENT TO LAWFUL
APPREHENSION.— A search of an individual’s
person, of the clothing he or she is wearing, and of the
places into which he or she could reach to obtain a
weapon or destroy evidence is a lawful search if
conducted incident to a lawful apprehension of that
individual and pursuant to Mil.R.Evid. 314(g).
Apprehension is the taking into custody of a person.
This means the imposition of physical restraint and is
substantially the same as civilian arrest. It differs from
military arrest which is merely the imposition of moral
restraint.
lawful if the apprehension is based upon probable cause.
This means that the apprehending official is aware of
facts and circumstances that would justify a reasonable
person to conclude that an offense has been or is being
committed and the person to be apprehended committed
or is committing the offense.
The concept of probable cause as it relates to
apprehension differs somewhat from that associated
with probable cause to search. Instead of concerning
oneself with the location of evidence, the second inquiry
concerns the actual perpetrator of the offense.
An apprehension may not be used as a subterfuge
to conduct an otherwise unlawful search. Furthermore,
only the person apprehended and the immediate area
where that person could easily obtain a weapon or
4-18
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