3.5.6 Military Law Variations

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

3.5.6 Military Law Variations

The Fourth Amendment applies to actions taken in the enforcement of military law, even outside the boundaries of our country.

Certainly, armed conflict and its effects may make reasonable Government action in a war zone that would otherwise be unreasonable within the peaceful geographical limits of the United States. That is not to say, however, there is no protection whatever against any kind of search and seizure. Our cases are to the contrary. We have consistently recognized the right to be free from unreasonable search and seizure, both in areas of tranquility within the borders of friendly nations and in areas of combat against an acknowledged enemy.¹¹⁵

The military courts have not been reluctant to apply the search and seizure mandate vigorously.¹¹⁶ Still, courts are sensitive to the unique issues presented in the military setting. As stated in one opinion:

This is not to say, however, that in its application the Fourth Amendment does not take into account the exigencies of military necessity and unique conditions that may exist within the military society. Military exigencies may be present under the particular facts of a given case,

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