Section 400.645 Inspections and Inventories in the Armed Forces

Section 400.645  Inspections and Inventories in the Armed

Forces

a)         For

purposes of this Section:

1)         "Inspection"

means an examination of the whole or part of a unit, organization,

installation, vessel, aircraft, or vehicle, including an examination conducted

at entrance and exit points, conducted as an incident of command the primary

purpose of which is to determine and to ensure the security, military fitness,

or good order and discipline of the unit, organization, installation, vessel,

aircraft or vehicle.  Inspections must be conducted in a reasonable fashion

and, if applicable, must comply with Section 400.640.  Inspections may utilize

any reasonable natural or technological aid and may be conducted with or without

notice to those inspected.

2)         "Inventory"

means a reasonable examination, accounting or other control measure used to

account for or control property, assets or other resources.  It is

administrative and not prosecutorial in nature and, if applicable, the

inventory must comply with Section 400.640.  An examination made for the

primary purpose of obtaining evidence for use in a trial by court-martial or in

other disciplinary proceedings is not an inventory within the meaning of this Section.

b)         An

examination made for the primary purpose of obtaining evidence for use in a

trial by court-martial or in other disciplinary proceedings is not an

inspection within the meaning of this Section.

c)         Evidence

obtained from lawful inspections and inventories in the SMF is admissible at

trial when relevant and not otherwise inadmissible under this Section.  An

unlawful weapon, contraband or other evidence of a crime discovered during a

lawful inspection or inventory may be seized and is admissible in accordance

with this Section

an

inspection within the meaning of this Section.

c)         Evidence

obtained from lawful inspections and inventories in the SMF is admissible at

trial when relevant and not otherwise inadmissible under this Section.  An

unlawful weapon, contraband or other evidence of a crime discovered during a

lawful inspection or inventory may be seized and is admissible in accordance

with this Section.

d)         An

inspection may include, but is not limited to:

1)         an

examination to determine and to ensure that the command is:

A)        properly

equipped;

B)        functioning

properly;

C)        maintaining

proper standards of readiness, sea or airworthiness, sanitation and

cleanliness; and

D)        personnel

are present, fit and ready for duty;

2)         an

order to produce body fluids, such as urine; and

3)         an examination

to locate and confiscate unlawful weapons and other contraband, provided subsection

(b) is not violated.  The prosecution must prove by clear and convincing

evidence that the examination was an inspection within the meaning of this subsection

(d)(3) if a purpose of an examination is to locate weapons or contraband and

if:

A)        the

examination was directed immediately following a report of a specific offense

in the unit, organization, installation, vessel, aircraft, or vehicle and was

not previously scheduled;

B)        specific

individuals are selected for examination; or

C)        persons

examined are subjected to substantially different intrusions during the same

examination. (Il. Mil. R. Evid. 313)