U.S. v. Hall, 50 M.J. 247

First Principles: Constitutional Matters: Search and Seizure

1. direction to maintain the status quo and not let anyone leave a given room did not violate the Fourth Amendment where there was probable cause to believe that evidence of criminal activity was on the premises; temporary securing of a dwelling to prevent the removal or destruction of evidence is reasonable
2. there is a key difference between probable cause to search and probable cause to apprehend that concerns the timeliness of the given information: probable cause to search must be based on timely information with a nexus to the place searched; whereas probable cause to apprehend does not grow stale with time, absent the subsequent discovery of exculpatory information that would undermine the prior existing probable cause
3. officer did not loose neutrality by re-entering room to corroborate information supporting probable cause; such conduct is not reflective of a foul motivation or vindictiveness
4. in the absence of regulations to the contrary, commander may resume command during a temporary term of absence at his discretion

Core Criminal Law Subjects: Evidence: Search and Seizure › Generally

1. direction to maintain the status quo and not let anyone leave a given room did not violate the Fourth Amendment where there was probable cause to believe that evidence of criminal activity was on the premises; temporary securing of a dwelling to prevent the removal or destruction of evidence is reasonable

Core Criminal Law Subjects: Evidence: Search and Seizure › Commanders

1. in the absence of regulations to the contrary, commander may resume command during a temporary term of absence at his discretion

Core Criminal Law Subjects: Evidence: Search and Seizure › Neutral and detached

1. officer did not loose neutrality by re-entering room to corroborate information supporting probable cause; such conduct is not reflective of a foul motivation or vindictiveness

Core Criminal Law Subjects: Evidence: Search and Seizure › Probable cause

1. there is a key difference between probable cause to search and probable cause to apprehend that concerns the timeliness of the given information: probable cause to search must be based on timely information with a nexus to the place searched; whereas probable cause to apprehend does not grow stale with time, absent the subsequent discovery of exculpatory information that would undermine the prior existing probable cause

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. it is proper for the Courts of Criminal Appeals to examine an underlying issue and determine that charges and evidence are not tainted