GreenTerror
New Member
I am facing a court martial for 1) Violation of General Order 1 while deployed to Iraq, 2) inappropriate relationship with a subordinate, 3) lying to a commissioned officer. A female asked a member of S6 to take a look at her computer for her because it had a power issue. She did this in his and her off time and at his barracks room (witnessed). This soldier took the computer to their office the next day. He could not fix the problem then let another S6 member try. This S6 member fixed it then searched her computer and copied picture, video and emails documents. They said their OIC had given them permission to search any computer entering the shop. During her trial the OIC flat out denied this. She stood a summary CM and lost. She had presented a motion to dismiss the evidence based on illegal search and seizure, it was denied by the summary CM officer.
Do I have a leg to stand on seeing as how the evidence was obtained from some one else's computer? Would the fruit of the poisonous tree apply for me? If she appeals and wins will that help me? What do I do? I am still waiting to have charges preferred and TDS cannot help until then or until an Art 32 investigation has begun.
Do I have a leg to stand on seeing as how the evidence was obtained from some one else's computer? Would the fruit of the poisonous tree apply for me? If she appeals and wins will that help me? What do I do? I am still waiting to have charges preferred and TDS cannot help until then or until an Art 32 investigation has begun.
