(a) Abandoned property. Abandoned property may be
seized without probable cause and without a search warrant or
search authorization.
(b) Consent. Property or evidence may be seized
with consent consistent with the requirements applicable to
consensual searches under MRE 314.
(c) Government Property. Government property may be
seized without probable cause and without a search warrant or
search authorization by any authorized person, unless the person
to whom the property is issued or assigned has a reasonable
expectation of privacy therein, as provided in MRE 314(d), at
the time of the seizure.
(d) Other Property. Property or evidence not
included in paragraph (a)-(c) may be seized for use in evidence
by any authorized person if:
1. Authorization. The person is authorized to
seize the property or evidence by a search warrant or a search
authorization under MRE. 315
2. Exigent Circumstances. The person has
probable cause to seize the property or evidence and under MRE
315(g), a search warrant or search authorization is not required
3. Plain View. The person while in the course
of otherwise lawful activity observes in a reasonable fashion
property or evidence that the person has probable cause to
seize.
4. Temporary Detention. Nothing in this rule
shall prohibit temporary detention of property on less than
probable cause when authorized under the Constitution of the
United States.
(e) Power to Seize. Any commissioned officer,
warrant officer, petty officer, noncommissioned officer, and,
when in the execution of guard or police duties, any criminal
investigator, member of the Air Force security police, military
police, or shore patrol, or individual designated by proper
authority to perform guard or police duties, or any agent of any
such person, may seize property pursuant to this rule.
(f) Other Seizures. A seizure of a type not
otherwise included in this rule may be made when permissible
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