2005 Idaho Code - 46-1135 — OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1135.  OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE. (1) Process
issued in court-martial cases to compel witnesses to appear and testify and to
compel the production of other evidence shall be the same as that which the
courts of this state having criminal jurisdiction may lawfully issue and shall
apply to any part of the state and to any other state in which the
court-martial may be sitting.
    (2) (a)  The authority to issue orders to conduct searches and seizures of
    persons and property subject to the provisions of this chapter in
    connection with any offense prohibited by this code may be exercised by a
    military judge or by a judge or magistrate of a district court of this
    state.
    (b)  No search or seizure of persons or property shall be ordered except
    in writing upon probable cause supported by written affidavits and
    particularly describing the person or place to be searched and the person
    or thing to be seized.
    (c)  Nothing in this code shall limit commanding officers in the exercise
    of their authority to conduct reasonable searches and seizures pursuant to
    law or military regulation, whether state or federal.