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Article 31

SUPPRESSION RULING IN U.S. V. LEWIS REVERSED, CAAF AFFIRMS DECISION

In an interesting development in the Army case of U.S. v. Lewis, the Court of Appeals for the Armed Forces (CAAF) has decided to affirm the Army Court of Criminal Appeal’s (CCA) partial reversal of a lower court’s suppression ruling.  Specifically, one out of three suppressed statements from the defendant has lost the suppression ruling’s protection …

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HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE ISSUE 1 – ARTICLE 31B

ARTICLE 31B – COMPULSORY SELF-INCRIMINATION PROHIBITED For some odd reason, when young Servicemembers come under investigation, they feel they need to talk. I guess it’s not odd. It is the military. Integrity is everything. Integrity is drilled into the minds of all young Servicemembers during their basic training. I went to basic training in 1998. …

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COURT RULES THAT SELF-INCRIMINATION DID NOT RESULT IN FOURTH AMENDMENT VIOLATION

The Fifth Circuit Court of Appeals recently ruled on a very sensitive Fourth Amendment matter in the case of United States v. Montgomery, in which the court considered a claim of illegal search and seizure. The federal judges provided an incisive interpretation of these constitutional rights and offered invaluable insight for both civilian and military …

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