{"id":4309,"date":"2010-09-06T20:09:23","date_gmt":"2010-06-18T08:48:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-06-18T08:48:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4309","title":{"rendered":"CA4: Standard military inspection of iPod found CP and was reasonable"},"content":{"rendered":"

The inspection of a military servicemember’s iPod was necessary and conducted under military necessity (Mil. R. Evid. 313, “to locate and confiscate unlawful weapons and other contraband”) under standard military protocol without any individualized suspicion at a base for processing out. Child pornography was found, and defendant admitted that more would be found at the computer at his parent’s house. A search warrant was issued for the house. The search of the iPod was reasonable. Military necessity is governed by U.S. Const., art. I, \u00a7 8, cl. 14, although service members are protected by the Fourth Amendment as well. Military necessity alters the “special needs” doctrine (United States v. Jenkins<\/a>, 986 F.2d 76, 78 (4th Cir. 1993)). United States v. Rendon<\/a>, 607 F.3d 982 (4th Cir. 2010):<\/p>\n

In this case, as noted above, there is no evidence in the record that anyone had a particularized suspicion of Rendon when he was first inspected, nor is there any evidence that he was treated any differently from any other soldier entering the unit. The search of his personal property was conducted pursuant to a regularly scheduled intake protocol for new members of the unit, and the search stayed within the parameters authorized by the commanding officer in the DSCB Handbook and defined in Military Rule of Evidence 313. Even though a purpose of the search was the detection of contraband, it appropriately related to the good order and discipline of the unit. The search was, therefore, a valid military inspection, conducted as part of the regular procedure performed for all entrants into the unit to ensure discipline within the unit and service members\u2019 compliance with military rules. See United States v. Hay, 3 M.J. 654, 656 (A.C.M.R. 1977). Because the search of Rendon\u2019s MP3 player was conducted as part of a valid military inspection, no reasonable expectation of privacy in its contents was violated.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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