Your Rights when being investigated or searched:

1. To be told what you are suspected or accused of doing.

2. To be told that you have the right to remain silent.

3. To be told that any statements could be used against you. That's Article 31, UCMJ, plain and simple. Note ~ you should not talk to the investigators without first talking with an attorney. Say: "I want to stop this interview," "I want to talk to a lawyer." "I want to leave." (No more, no less.)

4. If you are in custody, or in a situation where you are not free to leave, then you have the additional right to speak with an attorney. This is because of the military version of your Miranda rights which are set out in United States v. Tempia, 37 CMR 249 (1967), Say: "I want to stop this interview," "I want to talk to a lawyer." "I want to leave." (No more, no less.)

Note ~ Investigators are not your friend. They are there to get you to convict yourself or lead them to evidence that will help convict you. They have been trained on how to appear to be your friend and in other psychological techniques. For more read: Inbau, Reid & Buckley, Criminal Interrogations & Confessions, 4th ed., 2000. You might also read, Slobogin, Christopher, Deceit, Pretext, and Trickery: Investigative Lies By the Police, 76 OREGON L. REV. 775 (No. 4 Winter 1997).

Army intelligence officials offer how-to on prisoner interrogations, Associated Press, December 21, 2001. "A modern interrogation is psychology and head games, an effort to make an enemy prisoner volunteer what he knows. Sometimes a simple offer of cigarettes to a deprived chain smoker will do the trick, say Army experts. Or play on prisoners' patriotism, or fears, or despair - whatever it takes to establish rapport and get them talking."

Your Rights when being searched: This one is quite simple -- NEVER consent to a search. You do not have to consent. They are asking because they think you have contraband or evidence that will help convict you. Require the investigator or the requestor to get a search warrant or authorization. Never volunteer information. In a computer related case this is very important.

You have the right to be shown the search warrant or authorization. Make them show it to you!