Is a search made as a matter of military law unconstitutional?

California, United States of America


The following excerpt is from People v. JASMIN, 167 Cal.App.4th 98, 84 Cal.Rptr.3d 19 (Cal. App. 2008):

The Fourth Amendment prohibits unreasonable searches. We can find no basis for holding that a search, which was completely lawful and valid when made as a matter of military law, is unreasonable under the Constitution. Since the search of living quarters on a military installation occupied by one subject to military law was constitutionally valid as a matter of military law, the [trial court] properly recognized it as being not constitutionally unreasonable or invalid and properly refused to suppress as evidence the fruits of the search. ( United States v. Grisby, supra, 335 F.2d at p. 656.)

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