Revoking a Consent to Search in the Military

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...

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...

Under the US Constitution, an accused enjoys the right to a speedy trial. US v. Danylo, 73 M.J. 183 (C.A.A.F. 2013). A service members 6th Amendment right to a speedy trial triggers upon the preferral of charges or pretrial restraint. That right is also codified in Article 10, UCMJ. Military courts look at 4 issues...