I haven’t done much posting about my job, so here it goes.
This week I am the on-call JAG. That means from Friday to Friday I’m called about anything that happens on base that is of any concern – day or night. That’s right it’s 0530 here right now and I’m sitting on the computer waiting for the law enforcement (LE) desk to call me back. A member was ‘actin’ a fool’ and they needed to know if they had authority to search his blood for alcohol (a blood draw). For you non-lawyer types this might bore you but here are the facts/questions:
1) Passenger in car at gate… harrassing the guards.
2) Off the walls when he gets back to the dorms.
3) Does damage to his door (damage to gov’t property) and damage to his room.
4) He is apprehended (military term for arrested).
5) He is read his rights – and lawyers up.
Q1) Can you seek consent to search even though he’s lawyered up?
Q2) If he doesn’t consent, is there probable cause sufficient for a search warrant from a magistrate?
I’ll give you a chance to mull that over as I continue to type.
I’m fairly confident that I got the answers right, and even if I didn’t it’s not the crime of the century we’re talking about. However, I’ve been pretty nervous to get this call since I got the phone on Friday (there is an actual phone). My only legal experience with search and seizure is in a theoretical setting in the classroom with case law and time for research, and there is tons of case law to be applied to each different aspect of a PC search. I think more than any other question or situation that would arise, a question about search and seizure and right to counsel are the most nerve racking. It’s because I’m supposed to know the answer. If there’s something BIG that happens, the only thing I really need to do is call up my chain of command and act as a contact. And the more minor things are just a ‘notification/police covering their butts by talking to the legal types’. But situations like this are make or break. It’s my call and I have only a couple minutes to check my resources. If I get it wrong the case is blown (oh, and I look like an idiot).
So back to the questions above. I told him that even though he has lawyered up, they may still seek consent to search. He said he’d call back either way to let me know what he said…. I just heard from the LE desk. The guy consented. But if he hadn’t I’m pretty confident there was PC to get search authority.
The real uniqueness about my job is the very broad amount of legal subjects we cover. In the past two weeks I have done the following: answered questions about the 4th and 5th Amendments; prepared to discharge an individual under less than honorable conditions for repeated misconduct; prepare to prosecute an individual for cocaine use; reviewed new guidlines regarding aspects of flight supervision for legal sufficiency; served as a legal advisor for the Disater Control Group (the group that responds to major disasters) while there was a simulated plane crash; and seen about 15 legal assistance clients with questions regarding divorce in multiple states and Canada, preparation of wills and trusts, debt forgiveness, spousal support, and child custody. That is-no kidding-only 2 weeks of work. It’s perfect for a person with ADD.
I very much enjoy my job. It keeps my attention and interest. Hours are reasonable – about 10 hours a day. The money is better than most government positions. And, OH YA, I live in ITALY.