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Name: People v. Jasmin
Case #: A118151
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 09/26/2008
Summary

While the Fourth Amendment applies to military searches and such searches must be reasonable, a military authorization to search does not require a search warrant. Appellant was an active airman living at Travis Air Force Base. After a series of crimes were all linked to a gun owned by appellant, police obtained a search warrant to search his car. That same day, the Air Force requested an authorization to search appellant’s barracks at the base, and several incriminating items were seized as a result. Appellant moved to suppress two warrantless searches of his barracks at the base, arguing that since he was tried in civilian court, a state court search warrant was required. The Court of Appeal affirmed, finding the search was lawful under military law since it followed the proper procedures and was supported by probable cause. And even if the search violated appellant’s Fourth Amendment rights, the evidence would have been admissible under the good faith exception.