Legal Question in Military Law in Hawaii

fraterniztion investigation. E9, E6

a friend of mine is under investigation for frat. he is a E9 and she is an E6. Can the Navy use yahoo emails as evidence for this investigation?


Asked on 12/16/08, 2:43 pm

2 Answers from Attorneys
William J. Holmes Attorney at Military Law

Re: fraterniztion investigation. E9, E6

Yes, the Navy can and will use any and all email accounts in their investigation. They will also interview other people who know them and probably search their offices, desks, homes, etc., for any evidence of a relationship. A charge of fraternization could be taken to a court-martial and could be the basis for him losing his retirement or facing jail time. Both of the should have an attorney representing them. They should not speak with NCIS or any investigators until they have spoken to an attorney.

If you or they have any questions, please feel free to contact me directly.

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Answered on 12/16/08, 2:54 pm
Philip D. Cave Military Law & Justice

Re: fraterniztion investigation. E9, E6

They would have to show a number of things including authenticity.

If you are active duty you may be in the position of being ordered to testify. This could raise 'immunity' issues for you.

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Answered on 12/16/08, 9:15 pm


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