Under the provision on seizure without a warrant, who may act, and which items fall within what may be seized?
General information · Not legal advice
Material to check
In practice material of this kind, we read the record showing who carried out the seizure, whether a military prosecutor or a military judicial police officer, and the inventory or receipt describing each item, whose it was, and whether it was left behind or handed over by its owner, possessor or custodian.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading confines the power tightly: a military prosecutor or a military judicial police officer may seize without a warrant only two sorts of thing, items left behind that belong to the suspect or to another person, and items that the owner, possessor or custodian has "voluntarily submitted", so the actor and the item's provenance both have to be shown.
Another reading marks what the provision does not reach: it names no other official and no other route, so an item that was neither left behind nor voluntarily handed over by the owner, possessor or custodian does not come within this provision, and the text leaves open how "voluntarily" is to be shown and what record of the seizure is required.
Your judgment
Where an item was set down and left behind, what in the file would show that it belongs to the suspect or to another person?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to name other actors or other items, or if a court decision explains what counts as an item "voluntarily submitted", or what record a warrantless seizure requires.