Louisiana Administrative Code
Title 41 - MILITARY FORCES OF THE STATE
Part II - Military Justice
Chapter 3 - Investigating and Obtaining Evidence
Section II-308 - Authority to Search

a. Areas subject to search. A commander has authority to conduct or direct a search of any person or property located in a place under his control if there is probable cause to justify the search. Searches of areas outside the commander's immediate control should be undertaken only after coordination with the proper command authority.

b. Requirement of Probable Cause. Before a commander may authorize a search of a person or area in a place under his control, he must at least have probable cause to believe:

c. Probable cause to search exists when there is a reasonable belief that a person, property, or evidence sought is located in the place or on the person to be searched. A search authorization may be based upon "hearsay" evidence in whole or in part. There must be more than mere suspicion in the mind of the commander, but absolute proof beyond a shadow of a doubt is not required. In other words, probable cause lies somewhere between suspicion and actual knowledge. The commander must personally conclude, on the basis of information presented to him, that the contraband or evidence of a crime is at that time likely to be in the possession of the individual or on the premises to be searched. The commander's determination that probable cause exists must be reasonable and must be based on facts. It may not be based only on the conclusions of others. It is of no importance that a CID agent, a first sergeant, or an informant is aware of sufficient facts to provide probable cause, unless those facts are given to the only individual who orders or authorizes the search - the commander. The commander must believe that the person furnishing the information is reliable and that he had a sound basis for his information. In case of doubt, the commander should consult a Judge Advocate. DA Form 3745 should be used by the commander when authorizing a search.

d. Delegation of Authority. A unit commander may delegate his authority to search. The delegation of this authority should be limited to those persons whose experience, responsibilities, and temperament will insure a fair and impartial determination of probable cause. Commanders should consult the DRU SJA in order to delegate his authority to search.

a. Probable cause is not required when a person with possession or control of property freely gives his consent to the search of his property. Because consent to the search is a waiver of the constitutional right to be free from unreasonable searches, the government must be able to produce clear and convincing evidence that the consent was voluntary and not a mere submission to authority. In order to establish voluntary consent, it is recommended that the suspect be told:

b. It is advisable for a commander to have an unbiased and trustworthy witness present when a service member consents to a search. Should consent become an issue at the trial, the witness can verify the nature of the consent. If a consent search uncovers evidence of criminal conduct, the evidence will be admissible at trial. It does not matter that the consent was obtained without probable cause.