UCMJ TRAINING OBJECTIVES 1. WHO MAY AUTHORIZE A SEARCH. 2. HOW TO MAINTAIN CHAIN OF CUSTODY FOR EVIDENCE FOUND DURING AN AUTHORIZED SEARCH. 3. THE RIGHTS OF THE ACCUSED. J10-02 VGT #1 SEARCH DENOTES THE EXAMINATION BY A PERSON AUTHORIZED TO SEARCH, TO SEARCH THE PERSON OF ALLEGED OR SUSPECT OFFENSES, OR HIS HOUSE, OR OTHER BUILDINGS, OR HIS PROPERTY. J10-02 VGT #2 SEIZURE DENOTES THE TAKING BY ANOTHER PERSON WHO IS AUTHORIZED, OF PROPERTY SUCH AS CONTRABAND, CONCEALED WEAPONS, STOLEN PROPERTY, OR OTHER TOOLS OR “FRUITS OF CRIME,” TO SUBMIT IT TO THE APPROPRIATE AUTHORITIES FOR LEGAL USE AND DISPOSITION. J10-02 VGT #3 WHO MAY AUTHORIZE A SEARCH 1. A MILITARY JUDGE IS AUTHORIZED TO ISSUE A WARRANT FOR AREAS OR BUILDINGS UNDER MILITARY CONTROL. 2. THE COMMANDING OFFICER IS AN AUTHORIZED SUBSTITUTE AS LONG AS HE HAS CONTROL OVER THE PERSON, PLACE, OR AREA TO BE SEARCHED. J10-02 VGT #4 HOW TO MAINTAIN CHAIN OF CUSTODY FOR EVIDENCE FOUND DURING THE SEARCH 1. CHAIN OF CUSTODY BEGINS WHEN AN ITEM OF EVIDENCE IS COLLECTED. COLLECTED DOES NOT NECESSARILY MEAN HANDLED. IT INCLUDES MENTAL IDENTIFICATION. 2. THE CHAIN OF CUSTODY IS MAINTAINED UNTIL THE EVIDENCE IS DISPOSED OF IN A COURT OF LAW. 3. THE TRANSFER MUST BE ANNOTATED ON DA FORM 4137, EVIDENCE PROPERTY CUSTODY DOCUMENT. J10-02 VGT #5 CONSENT TO SEARCH 1. A PERSON WHOSE PROPERTY IS TO BE SEARCHED MAY GIVE HIS APPROVAL; THUS THE SEARCH IS AUTHORIZED. 2. CONSENT SHOULD BE IN WRITING TO REFUTE ANY ALLEGATION OF NONCONSENT. 3. DUAL OCCUPANTS WITH EQUAL RIGHTS CAN GIVE CONSENT IN THE ABSENCE OF THE OTHER. J10-02 VGT #6 IMMEDIATE NECESSITY TO SEARCH 1. A SEARCH MAY ONLY BE MADE IN EMERGENCIES TO PREVENT DISPOSAL OF PROPERTY IN ILLEGAL POSSESSION. 2. IF CONSENT IS NOT GIVEN, AND THE JUDGE OR COMMANDER IS UNAVAILABLE, AN ATTEMPT TO SEEK OUT AND GAIN PERMISSION FROM THE HIGHEST RANKING PERSON SHOULD BE ACCOMPLISHED. J10-02 VGT #7 PROBABLE CAUSE TO SEARCH 1. A SEARCH CANNOT BE CONDUCTED UNLESS YOU HAVE INFORMATION POINTING TO SPECIFICS, SUCH AS MOTIVE, OPPORTUNITY, OR WITNESSES. 2. INDISCRIMINATE AND ARBITRARY SEARCHES ARE PROHIBITED. 3. THERE MUST BE JUST CAUSE; SUSPICION IS NOT ENOUGH WITHOUT REASONABLE OR RATIONAL BELIEFS. J10-02 VGT #8 PRESUMPTION OF INNOCENCE 1. UNDER THE AMERICAN LAW, A COURT OF LAW MUST FIND ONE GUILTY OR INNOCENT BEYOND A REASONABLE DOUBT. 2. A FAIR AND JUST DECISION CAN ONLY BE MADE AFTER ALL THE EVIDENCE HAS BEEN HEARD. 3. PRETRIAL CONFINEMENT CAN ONLY BE USED IN CASES WHERE A SERIOUS CRIME IS COMMITTED, TO INSURE THAT THE ACCUSED IS PRESENT FOR TRIAL, AND TO PREVENT THE ACCUSED FROM COMMITTING OTHER DANGEROUS OFFENSES. 4. CONVENIENCE TO THE COMMANDER IS NOT A SUFFICIENT REASON TO JUSTIFY CURTAILING A SOLDIER’S FREEDOM, AND PRETRIAL CONFINEMENT MAY NOT BE USED AS PUNISHMENT. J10-02 VGT #9 ARTICLE 31 AND THE RIGHT TO COUNSEL 1. OUR LAWS PROHIBIT COMPULSORY SELFINCRIMINATION AND PROVIDE THAT ANYONE SUSPECTED OF HAVING COMMITTED A CRIME HAS THE ABSOLUTE RIGHT TO COUNSEL WITH A LAWYER. 2. THE SUSPECT MUST UNDERSTAND HIS RIGHTS BEFORE HE IS QUESTIONED. 3. IF THE ACCUSED RIGHTS ARE VIOLATED, THE EVIDENCE OBTAINED MAY NOT BE USED AGAINST THE INDIVIDUAL AT A COURT-MARTIAL. J10-02 VGT #10 PROMPT ACTION ON OFFENSES 1. AN ACCUSED HAS THE RIGHT TO BE ADVISED OF THE CHARGES AT THE EARLIEST POSSIBLE TIME TO FACILITATE PREPARATION OF HIS DEFENSE. 2. THE RIGHT TO A “SPEEDY TRIAL” IS GUARANTEED BY THE SIXTH AMENDMENT OF THE CONSTITUTION. J10-02 VGT #11 THE ADVERSARY SYSTEM 1. AT A COURT-MARTIAL, IT IS THE RESPONSIBILITY OF THE TRIAL COUNSEL TO REPRESENT THE GOVERNMENT, AND IT IS THE RESPONSIBILITY OF THE DEFENSE COUNSEL TO REPRESENT THE ACCUSED. 2. EACH COUNSEL IS DUTY-BOUND TO DO ALL THAT HE CAN, WITHIN THE LAW, TO REPRESENT THE CLIENT’S INTERESTS. J10-02 VGT #12 CONFESSION OR ADMISSION OF GUILT 1. A CONFESSION OR ADMISSION BY A SUSPECT WHO HAS NOT BEEN WARNED OF HIS RIGHTS MAY MEAN THAT THE CONFESSION OR ADMISSION WILL NOT BE ADMITTED AS EVIDENCE IN A COURT-MARTIAL. 2. IT IS POSSIBLE THAT THE ACCUSED MAY STILL BE CONVICTED BECAUSE OF OTHER EVIDENCE OF GUILT WHICH IS ADMISSIBLE. J10-02 VGT #13