Friday, September 27, 2019

Assignment Essay Example | Topics and Well Written Essays - 500 words - 78

Assignment - Essay Example Under the Article 112, the military personnel the use, possession, manufacturing and distribution of illegal and controlled drugs or substances is prohibited. Marijuana has been classified as one of the drugs, which no servicemen are supposed to use or be in possession within the barracks (Shanor & Hogue, 2013). In the case of PTV Smokey, it was clear that he had contravened the provisions of article 122. He was not only caught using marijuana, but he was also in possession of it. For this reason, he is liable for prosecution in the martial courts. His case is admissible, in the sense that the act itself has grounds in the military laws. However, the manner in which the evidence was gathered may lead to termination of the case, as explained below: Like the civilians, the military are protected by the Fourth Amendment constitutional provisions (Shanor & Hogue, 2013). Under this, ‘unreasonable searches or seizures’ are not allowed. Any evidence gathered through this illegal means is inadmissible in the court martial. Critically analyzing the case of STV Smokey, it is clear that the Platoon Sergeant did not have a search warrant that would have facilitated his search and seizure of marijuana. The whole process was flawed, including the way he forced himself in the premises of the suspect. Under the MRE 314 and 315, it is made clear that the Bill of Rights also applies fully to all the military officers (Laurence, 2010). This means that they enjoy the rights to privacy just like the civilians. STV Smokey was right when he informed Platoon Sergeant that he had violated his rights to privacy by forcing himself in the house. This was irrespective of whether there was need to check the possession of the drugs. Prior to obtaining a search warrant, the investigating officer must prove that there is indeed a probable cause. This refers to the grounds upon which the search has to be conducted. The case provided, there was enough ground for

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