{"id":20315,"date":"2016-01-11T14:58:19","date_gmt":"2016-01-11T19:58:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20315"},"modified":"2016-01-11T14:58:19","modified_gmt":"2016-01-11T19:58:19","slug":"private-search-in-the-military-military-times-ask-the-lawyer-roommate-reports-marijuana-stash","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=20315","title":{"rendered":"Private search in the military: Military Times: Ask the Lawyer: Roommate reports marijuana stash"},"content":{"rendered":"<p>Military Times: <a href=\"http:\/\/www.militarytimes.com\/story\/military\/crime\/2016\/01\/11\/ask-lawyer-roommate-reports-marijuana-stash\/77981978\/\">Ask the Lawyer: Roommate reports marijuana stash<\/a> by Mathew B. Tully:<\/p>\n<blockquote><p>Q. My roommate found my stash of pot in our room and told our commander about it. Does that count as an unlawful search?<\/p>\n<p>A. Under Military Rule of Evidence 311, evidence obtained from unlawful searches and seizures made by a person \u201cacting in a governmental capacity\u201d cannot be used against a service member. When someone, such as a roommate, finds evidence of illegal conduct, the key question is whether he or she was acting in a government or private capacity. \u201cThe Fourth Amendment and Mil.R.Evid. 311 are not violated when a military member acts in a purely private capacity,\u201d the Court of Appeals for the Armed Forces said in U.S. v. Garland T. Sullivan III (1995).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Military Times: Ask the Lawyer: Roommate reports marijuana stash by Mathew B. Tully: Q. My roommate found my stash of pot in our room and told our commander about it. Does that count as an unlawful search? A. Under Military &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=20315\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43],"tags":[],"class_list":["post-20315","post","type-post","status-publish","format-standard","hentry","category-private-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20315","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=20315"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20315\/revisions"}],"predecessor-version":[{"id":20316,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20315\/revisions\/20316"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20315"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20315"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20315"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}