Section III · Exclusionary Rules and Related Matters Concerning Self-Incrimination, Search and Seizure, and Eyewitness Identification
Rule 316. Seizures
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (6)(a) General rule. Evidence obtained from reasonable seizures is admissible at trial when relevant and not otherwise inadmissible under these rules or the Constitution of the United States as applied to members of the Armed Forces.
(b) Apprehension. Apprehension is governed by R.C.M. 302.
(c) Seizure of Property or Evidence.
(1) Based on Probable Cause. Evidence is admissible when seized based on a reasonable belief that the property or evidence is an unlawful weapon, contraband, evidence of crime, or might be used to resist apprehension or to escape.
(2) Abandoned Property. Abandoned property may be seized without probable cause and without a search warrant or search authorization. Such seizure may be made by any person.
(3) Consent. Property or evidence may be seized with consent consistent with the requirements applicable to consensual searches under Mil. R. Evid. 314.
(4) Government Property. Government property may be seized without probable cause and without a search warrant or search authorization by any person listed in subdivision (d), unless the person to whom the property is issued or assigned has a reasonable expectation of privacy therein, as provided in Mil. R. Evid. 314(d), at the time of the seizure.
(5) Other Property. Property or evidence not included in subdivisions (c)(1)-(4) may be seized for use in evidence by any person listed in subdivision (d) if:
(A) Authorization. The person is authorized to seize the property or evidence by a search warrant or a search authorization under Mil. R. Evid. 315;
(B) Exigent Circumstances. The person has probable cause to seize the property or evidence and under Mil. R. Evid. 315(g) a search warrant or search authorization is not required; or
(C) Plain View. The person while in the course of otherwise lawful activity observes in a reasonable fashion property or evidence that the person has probable cause to seize.
(6) Temporary Detention. Nothing in this rule prohibits temporary detention of property on less than probable cause when authorized under the Constitution of the United States.
(d) Who May Seize. Any commissioned officer, warrant officer, petty officer, noncommissioned officer, and, when in the execution of guard or police duties, any criminal investigator, member of the Air Force security forces, military police, or shore patrol, or individual designated by proper authority to perform guard or police duties, or any agent of any such person, may seize property pursuant to this rule.
(e) Other Seizures. Evidence obtained from a seizure not addressed in this rule is admissible provided that its seizure was permissible under the Constitution of the United States as applied to members of the Armed Forces.
Cross-referencesCited by 6Cites 5
Cited by
Provisions elsewhere in the Manual whose text cites Rule 316. Each link opens the citing provision.
Rules for Courts-Martial
Pursuant to consent under Mil. R. Evid. 314(e) or 316(c)(3);
Discussion under R.C.M. 303 — Preliminary inquiry into reported offenses
…of Evidence should be consulted when conducting interrogations ( see Mil. R. Evid. 301-306), searches ( see Mil. R. Evid. 311-317), and eyewitness identifications (see Mil. R. Evid. 321). If the offense is one for which the Department of…
Military Rules of Evidence
Mil. R. Evid. 311(b)(1) — Evidence obtained from unlawful searches and seizures
…applicable to trials by court-martial that requires exclusion of evidence obtained in violation thereof, or Mil. R. Evid. 312-317;
Mil. R. Evid. 311(e) — Evidence obtained from unlawful searches and seizures
…finding of guilty waives all issues under the Fourth Amendment to the Constitution of the United States and Mil. R. Evid. 311-317 with respect to the offense, whether or not raised prior to plea.
conducted pursuant to Mil. R. Evid. 316(c)(5)(C);
UCMJ Punitive Articles
Article 131e, ¶ 86.c. — Prevention of authorized seizure of property
Explanation See Mil. R. Evid. 316 concerning . military personnel who may make seizures. It is not a defense that a search or seizure was…
Rule 316 cites
Provisions named in the text of Rule 316. Where the cited provision is on this site, the link opens it.