Legal Question in Military Law in North Carolina

Unlawful detention - Article 97 UCMJ

If a person is unlawfully detatined my military police, is everything that is conducted afterwards inadmissable in court? For example, if a person was stopped at an US Army checkpoint a fort, failed a field sobriety test, then was detained and administered a breathalyzer test and charged with driving while impaired. If he was unlawfully detained; is the breathalyzer test and the charge inadmissable since is was done after the unlawful detention? Is any part of it inadmissable? Since it was on goverment property, what civilian penalties could he face? Can he be charged with drunken driving (article 111) if the charge does not go to a court martial?


Asked on 3/06/06, 9:06 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Unlawful detention - Article 97 UCMJ

Stopping someone at the gate to a military installation is always lawful. Failing a field sobriety test is a question of the judgment of the military policeman who administers the test, but the standard for requesting someone to take a breathalyzer is very low. If you failed it, you're going to have to pay the costs associated with that. A military member can lose driving privileges aboard the base and face prosecution under Art 111 of the UCMJ. The charge can be handled at Art 15 non-judicial punishment or court-martial at the commander's discretion. Civilians are normally prosecuted federally at the nearest federal courthouse.

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Answered on 3/07/06, 6:27 am


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