Ill. Admin. Code tit. 95 § 400.645

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.645 - Inspections and Inventories in the Armed Forces

a) For purposes of this Section:

1) "Inspection" means an examination of the whole or part of a unit, organization, installation, vessel, aircraft, or vehicle, including an examination conducted at entrance and exit points, conducted as an incident of command the primary purpose of which is to determine and to ensure the security, military fitness, or good order and discipline of the unit, organization, installation, vessel, aircraft or vehicle. Inspections must be conducted in a reasonable fashion and, if applicable, must comply with Section 400.640. Inspections may utilize any reasonable natural or technological aid and may be conducted with or without notice to those inspected.

2) "Inventory" means a reasonable examination, accounting or other control measure used to account for or control property, assets or other resources. It is administrative and not prosecutorial in nature and, if applicable, the inventory must comply with Section 400.640. An examination made for the primary purpose of obtaining evidence for use in a trial by court-martial or in other disciplinary proceedings is not an inventory within the meaning of this Section.

b) An examination made for the primary purpose of obtaining evidence for use in a trial by court-martial or in other disciplinary proceedings is not an inspection within the meaning of this Section.

c) Evidence obtained from lawful inspections and inventories in the SMF is admissible at trial when relevant and not otherwise inadmissible under this Section. An unlawful weapon, contraband or other evidence of a crime discovered during a lawful inspection or inventory may be seized and is admissible in accordance with this Section.

d) An inspection may include, but is not limited to:

1) an examination to determine and to ensure that the command is:

A) properly equipped;

B) functioning properly;

C) maintaining proper standards of readiness, sea or airworthiness, sanitation and cleanliness; and

D) personnel are present, fit and ready for duty;

2) an order to produce body fluids, such as urine; and

3) an examination to locate and confiscate unlawful weapons and other contraband, provided subsection (b) is not violated. The prosecution must prove by clear and convincing evidence that the examination was an inspection within the meaning of this subsection (d)(3) if a purpose of an examination is to locate weapons or contraband and if:

A) the examination was directed immediately following a report of a specific offense in the unit, organization, installation, vessel, aircraft, or vehicle and was not previously scheduled;

B) specific individuals are selected for examination; or

C) persons examined are subjected to substantially different intrusions during the same examination. (Il. Mil. R. Evid. 313)

Ill. Admin. Code tit. 95, § 400.645

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.