Conduct Search and Seizure

Topics: Fourth Amendment to the United States Constitution, Prisoner of war, Laws of war Pages: 5 (1152 words) Published: May 11, 2013
Sgt. Wertz, BradleyTraining Presentation3rd Squad
Marine Corps Core ValuesMCCS-LDR-1022

General Purpose: To inform

Specific Purpose: To inform my audience of your rights as a Prisoner of War (POW)

Central Idea: Although war may be an uncivilized human act, the treatment of Prisoners of War shoul not reflect that kind of behavior, as their rights should be upheld and respected. Introduction:

In a war with sometimes unforeseen actions taken by our faceless, ever-evolving enemy, you as a Marine may find yourself in a situation that you may not ever believed you would be put in. That situation is that of a Prisoner of War. As Marines, we go to war to destroy our enemies in just about any way that we possibly can. Our enemies wish to do the same to us so is dire that we control our hatred for the enemy especially once our enemy becomes a Prisoner of War. War may be uncivilized human act, but the treatment of Prisoners of War should not reflect that same kind of behavior, as their rights should be upheld and respected. Many have heard some of the history of Prisoners of War, but don’t realize the importance of that history. Without that unbelievably tragic history, ther would be no uch thing as the rights of POW’s. we must learn of the origins, purpose, and rights of the Prisoner of War if we are to be able to successfully understand and uphold those rights.

I. The origins of the rights of Prisoners of War are as tragic as it is extensive.

A. The biggest impact on the origins of the rights of the Prisoner of War as they are today started with the Geneva Conventions in 1949.

1. On August 12, 1949, in Geneva

2. Reasonable Suspicion. Suspect that criminal activity has been, is being, or is about to be committed.

3. Authorization to Search. An express permission, written or oral, issued by competent military authority to search a person or an area for specified property.

4. Exigent Circumstances. Some circumstances may arise when there is not time to get a search authorization without substantial risk of loss of evidence, escape of individuals, or harm to innocent people.

5. Search Warrant. An express permission to search and seize issued by competent civilian (non-military) authority.

B. Searches Not Requiring Probable Cause.

1. Searches upon entry to U.S. installations, aircraft, and vessels abroad.

2. Searches of U.S. Government property.

3. Consent searches. As a general rule, searches may be conducted if any person or property of the person to be searched or the person with control of the place to be searched voluntarily consents to that search.

C. How To Search

1. During the search, the individual who has proprietary interest over the premises should be present

2. A copy of the authorization should be handed to the individual, and he should have sufficient time to read it.

3. If the individual is also the suspect of the offense, then no questions should be asked without appropriate self-incrimination warnings.

4. After serving the authorization, it is permissible to ask the individuals present to open locked doors, lockers, etc. providing they are cooperative and not a risk to the safety of whom ever is conducting the search.

5. If individuals are not cooperative, or refuse to open locks, then the locks may be forced open in such a manner as to cause the least damage to the property.

6. Another rule to consider is called the elephant in the matchbox. This means if a MP/police officer is looking for an elephant, they can't look for it in a matchbox. A MP/police officer may only look for an item where it will fit.

Transition: As a leader, we need to be aware of when we are within are rights to conduct a search of our subordinates. During this search you may come across evidence...
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