The phrase “You have the right to remain silent” has become synonymous with arrests, thanks to countless portrayals in films and television. The right to remain silent is a powerful one, both in civilian and military contexts. It’s one of the Miranda rights granted to arrested civilians, making it a crucial part of the US … Read more
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 … Read more
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 … Read more
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. … Read more