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Page Title: Consent to Search
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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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