Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.650 - Searches

Current through Register Vol. 48, No. 28, July 12, 2024
a) Searches Not
				Requiring Probable Cause
1) General Rule.
				Evidence obtained from reasonable searches not requiring probable cause
				conducted pursuant to this subsection (a) is admissible at trial when relevant
				and not otherwise in admissible under this Section or the U.S. Constitution as
				applicable to the armed forces.
2)
				Border Searches. Border searches for customs or immigration purposes may be
				conducted when authorized by Act of Congress.
3) Searches Upon Entry or Exit from Illinois
				National Guard Installations, Aircraft and Vessels Abroad. In addition to the
				authority to conduct inspections under Section 400.645, the Adjutant General or
				any commander to whom he or she delegates authority, may authorize appropriate
				personnel to search persons or the property of those persons upon entry to or
				exit from the installation, enclave, aircraft or vessel to ensure the security,
				military fitness, or good order and discipline of the command. These searches
				may not be conducted at a time or in a manner contrary to an express provision
				of a treaty or agreement to which the United States is a party. Failure to
				comply with a treaty or agreement, however, does not render a search unlawful
				within the meaning of Section 400.645. A search made for the primary purpose of
				obtaining evidence for use in a trial by court-martial or other disciplinary
				proceedings is not authorized by this Section.
4) Searches of Government Property.
				Government property may be searched under this Section unless the person to
				whom the property is issued or assigned has a reasonable expectation of privacy
				in the government property at the time of the search. Under normal
				circumstances, a person does not have a reasonable expectation of privacy in
				government property that is not issued for personal use. Wall or floor lockers
				in living quarters issued for the purpose of storing personal possessions
				normally are issued for personal use, but the determination as to whether a
				person has a reasonable expectation of privacy in government property issued
				for personal use depends on the facts and circumstances at the time of the
				search.
5) Consent Searches
A) General Rule. Searches may be conducted of
				any person or property with lawful consent.
B) Who May Consent. A person may consent to a
				search of his or her person or property, or both, unless control over that
				property has been given to another. A person may grant consent to search
				property when the person exercises control over that property.
C) Scope of Consent. Consent may be limited
				in any way by the person granting consent, including limitations in terms of
				time, place or property and may be withdrawn at any time.
D) Voluntariness. To be valid, consent must
				be given voluntarily. Voluntariness is a question to be determined from all the
				circumstances. Although a person's knowledge of the right to refuse to give
				consent is a factor to be considered in determining voluntariness, the
				prosecution is not required to demonstrate that knowledge as a prerequisite to
				establishing a voluntary consent. Mere submission to the color of authority of
				personnel performing law enforcement duties or acquiescence in an announced or
				indicated purpose to search is not a voluntary consent.
E) Burden of Proof. Consent must be shown by
				clear and convincing evidence. The fact that a person was in custody while
				granting consent is a factor to be considered in determining the voluntariness
				of consent, but it does not affect the burden of proof.
6) Searches Incident to a Lawful Stop
A) Stops. A person authorized to apprehend
				under Code Section 7 and others performing law enforcement duties may stop
				another person temporarily when the person making the stop has information or
				observes unusual conduct that leads him or her reasonably to conclude in light
				of his or her experience that criminal activity may be afoot. The purpose of
				the stop must be investigatory in nature.
B) Frisks. When a lawful stop is performed,
				the person stopped may be frisked for weapons when that person is reasonably
				believed to be armed and presently dangerous. Contraband or evidence located in
				the process of a lawful frisk may be seized.
C) Motor Vehicles. When a person lawfully
				stopped is the driver or a passenger in a motor vehicle, the passenger
				compartment of the vehicle may be searched for weapons if the official who made
				the stop has a reasonable belief that the person stopped is dangerous and that
				the person stopped may gain immediate control of a weapon.
7) Searches Incident to a Lawful
				Apprehension. A person who has been lawfully apprehended may be searched.
A) Search for Weapons and Destructible
				Evidence. A search may be conducted for weapons or destructible evidence, in
				the area within the immediate control of a person who has been apprehended. The
				area within the person's "immediate control" is the area the individual
				searching could reasonably believe that the person apprehended could reach with
				a sudden movement to obtain the property; provided, that the passenger
				compartment of an automobile, and containers within the passenger compartment,
				may be searched as a contemporaneous incident of the apprehension of an
				occupant of the automobile, regardless whether the person apprehended has been
				removed from the vehicle.
B)
				Examination for Other Persons
i) When an
				apprehension takes place at a location in which other persons might be present
				who might endanger those conducting the apprehension and others in the area of
				the apprehension, a reasonable examination may be made of the general area in
				which the other persons might be located. A reasonable examination under this
				subsection (a)(7)(B) is permitted if the apprehending officials have a
				reasonable suspicion based on specific and articulable facts that the area to
				be examined harbors an individual posing a danger to those in the area of the
				apprehension.
ii) Apprehending
				officials may, incident to apprehension, as a precautionary matter and without
				probable cause or reasonable suspicion, look in closets and other spaces
				immediately adjoining the place of apprehension from which an attack could be
				immediately launched.
8) Searches Within Jails, Confinement
				Facilities, or Similar Facilities. Searches within jails, confinement
				facilities, or similar facilities may be authorized by persons with authority
				over the institution.
9) Emergency
				Searches to Save Life or for Related Purposes. In emergency circumstances to
				save life or for a related purpose, a search may be conducted of persons or
				property in a good faith effort to render immediate medical aid, to obtain
				information that will assist in the rendering of medical aid, or to prevent
				immediate or ongoing personal injury.
10) Searches of Open Fields or Woodlands. A
				search of open fields or woodlands is not an unlawful search within the meaning
				of Section 400.635.
11) Other
				Searches. A search of a type not otherwise included in this Section and not
				requiring probable cause under subsection (b) may be conducted when permissible
				under the U.S. Constitution as applied to members of the armed forces. (Il.
				Mil. R. Evid. 314)