4th Amendment and the Military

1167 Words5 Pages
The 4th Amendment and the Military Aaron Orta CRJ 551 Introduction Many people misunderstand the Armed Forces of the United States of America. They believe that when a person joins the military that they give up certain rights afforded by the constitution. There are certain restrictions on what a member of the U.S military can say and to whom they can say it. They are not abandoned by the Bill of Rights or the Constitution. In the military personnel are subject to search and seizure however, they have the same rights as anyone in the civilian world. However there are major differences that occur when one is in military service. The Military law falls under certain specific guidelines. Those being the Uniform Code of Military Justice, (UCMJ), the Manual For Court Martial 2012 Ed. (MCM), and for the Navy and the Marine Corps the Manual of Judge Advocate General. All of these documents specifically spell out how a search and seizure may be initiated, how it must be conducted, and what steps must be taken to begin the process. Body First it must be explained that when a person becomes a member of the United States Armed Forces they do not “give up or Lose” their right as citizens as many believe. While there are restrictions they always retain those rights. “The United States Court of Military Appeals has long held that the Bill of Rights applies to members of the Armed Forces except where explicitly and implicitly inapplicable” (Fredric I. Lederer, 1994). In 1994 a landmark case Took place that would set precedent for future decisions. In United States v. Lopez the “good faith exclusionary rule” was extended to include military commanders. This was adopted into the Military Manual for Courts Martial (MCM). The MCM is an executive order issued by the President to set guidelines for pretrial, trial, and post-trial proceedings. To include everything
Open Document