A military member DOES NOT have to consent to a search. It is always better to refuse to consent to a search. Make them get a warrant/search authorization.
To get a warrant they must have probable cause.
Be aware that there are some significant issues with third party consents to search. This comes up frequently with spouses. In a case called Randolph, the United States Supreme Court has addressed the question when the accused says no, and the spouse says yes. It can be a complex, fact-specific decision. Bottom-line, never consent to a search.
Georgia v. Randolph.
Briefs filed with the United States Supreme Court in Georgia v. Randolph.
Get some advice.
09 November 2006
What are my rights about searches?
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1 comments:
Thanks Phil, your the man http://www.ehlinelaw.com/
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