The same rights as a civilian.potterss said:What is the name of your state? What is the name of your state?texas
when a military member is questioned by the fbi what rights do they ? 1. if they have not be charge with any thing.
Try again. And this time, read the EXACT post and nothing into it.badapple40 said:No, they have their full Article 31 rights, which are greater than those of a civilian.
NOW you're getting it. You made the assumption that Article 31 rights apply and we don't know any facts except that the FBI is wanting to question the poster.badapple40 said:There is not enough information at this point to make a informed decision about what rights apply, until/unless we can figure out the who, what, why, where, etc. questions regarding the questioning.
I don't see where Article 31 and the constition would ever collide. The Constitution provides the "floor" or minimum. Article 31 provides more rights than those found in the Constitution. As with anything, the states or the federal government are always free to legislate more rights than those provided under the constitution, but may not fall below the constitutional minimum.BelizeBreeze said:NOW you're getting it. You made the assumption that Article 31 rights apply and we don't know any facts except that the FBI is wanting to question the poster.
And by the way, Article 31 rights ONLY apply when the questioning is done by a member of the military including a member of the chain of command. It is used to protect the military member from the quandry of what might appear during questioning as 'following an order' or protecting individual rights of self-incrimination.
Where the two rights (constitutional and Article 31) collide, the Constitutional rights prevail.