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personally and reasonably conclude that the informant
is reliable. The informant’s identity need not be
disclosed to the authorizing officer, but it is often a good
practice to do so.
FORMS.— Although written forms to record the
terms of the authorization or to set forth the underlying
information relied upon in granting the request are not
mandatory, the use of such memorandums is highly
recommended for several reasons. Many cases may
take some time to get to trial. It is helpful to the person
who must testify about actions taken in authorizing a
search to review such documents before testifying.
Further, these records may be introduced to prove that
the search was lawful.
The Judge Advocate General of the Navy has
recommended the use of the standard record of search
authorization form set forth in appendix A-1-n to the
JAG Manual and as shown in figure 4-1. Should the
RECORD OF AUTHORIZATION TO SEARCH
(SEE JAGMAN 0170)
1. At
on
I was approached by
Time
Date
Name, rate, service
in his or her capacity as
who having been first
Duty
duly sworn, advised me that he or she suspected
Name
of
and requested permission to search his
Offense
or her
for
Object or Place
Items
2. The reasons given to me for suspecting the above named person were:
3. After carefully weighing the foregoing information, I was of the belief that the crime of
[had been] [was being] [was about to be] committed, that
was the likely perpetrator thereof, that a search of the object
or area stated above would probably produce the items stated and that such items were [the fruits of crime]
[the instrumentalities of a crime] [contraband] [evidence].
4. I have therefore authorized
to search the place named for
the property specified, and if the property be found there, to seize it.
Grade
Signature
Title
Date and Time
Fibure 4-1.—Record of authorization to search.
4-14
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