Publication Date
1971
Document Type
Article
Abstract
The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals and with the new self-incrimination section of the 1969 Manual. The purpose of this study is to give the practicing judge advocate a basis for predicting the law in this embryonic yet rapidly developing legal area.
Publication Title
Military Law Review
Volume
52
Recommended Citation
William G. Eckhardt,
Intrusion into the Body,
52
Military Law Review
141
(1971).
Available at:
https://irlaw.umkc.edu/faculty_works/258
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