I. WHETHER THE MILITARY JUDGE ERRED IN CONCLUDING THAT NO SOLDIER AT FORWARD OPERATING BASE (FOB) LOYALTY HAD A REASONABLE EXPECTATION OF PRIVACY IN ANY REGARD. II. WHETHER THE MILITARY JUDGE ERRED IN DENYING A MOTION TO SUPPRESS APPELLANT’S EXTERNAL HARD DRIVE AND PASSWORD PROTECTED LAPTOP WHEN THE COMMANDER WHO ORDERED THE SEIZURE OF THE EQUIPMENT IMMEDIATELY SEARCHED THE EQUIPMENT UPON SEIZURE, DEMONSTRATING THAT HE WAS PERFORMING LAW ENFORCEMENT FUNCTIONS AND WAS NOT NEUTRAL AND DETACHED WHEN SEIZING THE ITEMS. III. WHETHER THE DOCTRINE OF INEVITABLE DISCOVERY IS APPLICABLE WHEN THERE ARE NO INDEPENDENT POLICE ACTIVITIES, OR TESTIMONY OR EVIDENCE OF ROUTINE POLICE PRACTICES, THAT WOULD HAVE INEVITABLY RESULTED IN DISCOVERY, AND NO OTHER EXCEPTION TO THE FOURTH AMENDMENT APPLIES. IV. WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED IN CONCLUDING THAT PROBABLE CAUSE EXISTED TO SUPPORT THE SEARCH AUTHORIZATION OF APPELLANT’S LAPTOP COMPUTER AND DETACHABLE HARD DRIVE.

The real issue became one of probable cause to search. But CAAF also reaffirmed that there is no combat zone exception to the fourth amendment.

[T]here is no general exception for locations or living quarters in a combat zone. See United States v. Poundstone, 22 C.M.A. 277, 279, 46 C.M.R. 277, 279 (1973).

There is a useful discussion of the line between a commander who is “neutral” and one who is effectively an investigator.

The Army’s attempt to stem a rising tide of suicides made it impossible for a Fort Bliss soldier convicted of cruelty toward subordinates to get a fair trial, the soldier’s parents say. “I still maintain that this was a miscarriage of justice,” said John Taylor, father of Pvt. Jarrett Taylor. “They needed a conviction and they got it. É This is a sham.” Taylor said his son, a sergeant at the time, was trying to help soldiers on their first deployment in Iraq survive in a combat zone.

elpasotimes.com reports on this concluded court-martial for violations of Article 93, and 107, UCMJ. This is not the only court-martial to have arisen from this case.

Charges against Daniel Weber, 24, of Frankenmuth, Mich., were dropped with the understanding that he would testify against the others. He is no longer in the Army.

Sgt. Enoch Chatman, 30, of West Covina, Calif., and Staff Sgt. Bob Clements, 29, of Eastland, Texas, face more serious charges and are scheduled for courts-martial early next year, Caggins said.