46-1135 OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE. - Idaho Statutes

TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 11

CODE OF MILITARY JUSTICE

46-1135. Opportunity to obtain witnesses and other evidence. (1) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be the same as that which the courts of this state having criminal jurisdiction may lawfully issue and shall apply to any part of the state and to any other state in which the court-martial may be sitting.

(2) (a) The authority to issue orders to conduct searches and seizures of persons and property subject to the provisions of this chapter in connection with any offense prohibited by this code may be exercised by a military judge or by a judge or magistrate of a district court of this state.

(b) No search or seizure of persons or property shall be ordered except in writing upon probable cause supported by written affidavits and particularly describing the person or place to be searched and the person or thing to be seized.

(c) Nothing in this code shall limit commanding officers in the exercise of their authority to conduct reasonable searches and seizures pursuant to law or military regulation, whether state or federal.