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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 07-12-2005, 10:03 PM
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Join Date: Jul 2005
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search warrants??


What is the name of your state? ID, I am currently a criminal justice major as well as a military wife. I am doing a paper concerning drug search warrants in base housing. My question is--if a military dependent is suspected of possessing drugs or paraphenalia (without the knowledge of the military member) and resides in base housing, must a search warrant be executed to search the premises?? And if so, who must execute the search, civil authorities or base authorities if the person is a dependent and does not fall under the UCMJ????
  #2  
Old 07-12-2005, 11:03 PM
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I can't speak to the legal specifics, but when I was in southern CA when we would serve a search warrant on a military base, the warrant was signed by the county judge, passed on to PMO, and jointly served by civilian law enforcement as well as PMO. PMO was on scene as we did the searching.

It was not considered a real difficult problem so I imagine the procedures were pretty simple. Unfortunately, I was not involved in the approval process for these warrants, I only served the warrants.

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  #3  
Old 07-13-2005, 12:12 AM
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more questions


Thanks for the response. Quick case study...basis of my paper. If drugs were purchased by the dependent at an off base location, (causing the crime to occur off base) and then carried on base, resulting in a search of base housing. Whose jurisdiction would this fall in since the crime occured off base?? Would the civil authorities need a search warrant to search base housing?? Also, if a warrant is used, when is it turned over to the individual in the household?? Which individual does it pertain to, the unknowing military member or the suspect dependent?? I am basically trying to establish whether or not a warrant is needed in order for civil authorities to search base housing when it is out of their jurisdiction.

Last edited by militarybella; 07-13-2005 at 12:18 AM. Reason: Clarification
  #4  
Old 07-13-2005, 10:12 PM
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militarybella,

We love our kids, but don't they just burn you up when they go and get in trouble!? I'd let him/her see the error of their way and not try to "get 'em off" so as to say...it's better in the long run. My opinion, anyway.
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