Revoking a Consent to Search in the Military

We occasionally get asked whether military members can revoke a consent to search. The answer is yes. The sooner you revoke the consent to search the better.In a case last year, a service member had a conviction reversed because he revoked consent to search.The court gave a very nice summary of the scope of consent. They wrote:”The scope of a consent search or seizure is limited to the authority granted in the consent and may be withdrawn at any time. M.R.E. 314(e)(3), 316(c)(3); see United States v. Dease, 71 M.J. 116, 120 (C.A.A.F. 2012).”We usually advise revoking consent in writing. It’s a simple memo stating that you “hereby revoke previously providing consent to search [location] on [consent date].” The key is to make the revocation clear and unambiguous.​

Categories

Related Posts

  • What Happens After You’re Accused of a Crime in the Military?

    Sep 06

    Being accused of a crime in the military can be stressful and confusing. An accusation, however, is not the same thing as guilt. The military justice system includes multiple stages for reviewing allegations, gathering evidence, making charging decisions, and determining potential consequences. The exact timeline and outcome can vary significantly depending on the facts, the...

    View Article
  • Can You Be Court-Martialed After a Civilian Trial? Double Jeopardy in the Military

    Jan 22

    When service members resolve a criminal matter in civilian court, many believe the legal process has fully concluded. In the military justice system, however, jurisdiction overlaps, sovereign authority differs, and constitutional protections operate under unique rules. One of the most misunderstood protections covers the double jeopardy military members face, particularly when they are forced to...

    View Article
  • US V. CPL Lindsey Scott

    Feb 01

    In 1983, a woman was attacked near the Quantico Marine Base in Virginia. The victim’s description of her assailant prompted the military officers to convict and court-martial Corporal Lindsey Scott, the only black MP in the Quantico Criminal Investigation Division, despite his pleas of innocence. He was initially convicted and sentenced to 30 years in...

    View Article