Summary of changes
Rule 316 — Seizures
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
0 amended
0 added
0 removed
14 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
316(a)
unchanged
Original text
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.
Current text
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.
316(b)
unchanged
Original text
Apprehension.
Apprehension is governed by R.C.M. 302.
Current text
Apprehension.
Apprehension is governed by R.C.M. 302.
316(c)
unchanged
Original text
Seizure of Property or Evidence.
Current text
Seizure of Property or Evidence.
316(c)(1)
unchanged
Original text
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.
Current text
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.
316(c)(2)
unchanged
Original text
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.
Current text
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.
316(c)(3)
unchanged
Original text
Consent.
Property or evidence may be seized with consent consistent with the requirements applicable to consensual searches under Mil. R. Evid. 314.
Current text
Consent.
Property or evidence may be seized with consent consistent with the requirements applicable to consensual searches under Mil. R. Evid. 314.
316(c)(4)
unchanged
Original text
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.
Current text
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.
316(c)(5)
unchanged
Original text
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:
Current text
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:
316(c)(5)(A)
unchanged
Original text
Authorization.
The person is authorized to seize the property or evidence by a search warrant or a search authorization under Mil. R. Evid. 315;
Current text
Authorization.
The person is authorized to seize the property or evidence by a search warrant or a search authorization under Mil. R. Evid. 315;
316(c)(5)(B)
unchanged
Original text
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
Current text
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
316(c)(5)(C)
unchanged
Original text
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.
Current text
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.
316(c)(6)
unchanged
Original text
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.
Current text
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.
316(d)
unchanged
Original text
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.
Current text
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.
316(e)
unchanged
Original text
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.
Current text
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.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.