For veterans who have served in uniform anything less than an honorable discharge can have a dramatic effect on their post-service lives. A less than honorable discharge can put limitations on civilian employment, re-enlistment options, and veterans’ benefits. The process to change this characterization is not simple and the results are not guaranteed, but having a legal advocate in your corner can make the process easier and will almost certainly improve your odds of success.
The United States and Arkansas Constitutions protect persons from unreasonable searches and seizures. The Fourth Amendment to the U.S. Constitution guarantees the right of citizens to be free from unreasonable governmental searches and states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Subject only to a few specifically established and well-delineated exceptions, a search is presumed to be unreasonable under the Fourth Amendment if it is not supported by probable cause and conducted pursuant to a valid search warrant. The Arkansas Constitution also protects citizens against unreasonable searches and seizures. Article 2 § 15 of the Arkansas Constitution provides for the right to privacy and states:
The right of the people of this State to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue, except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
Both provisions make it explicitly clear that before a warrant can be obtained by authorities, they must have probable cause.
Remember my standard disclaimer: This is not legal advice and I am not your lawyer, yet! I am providing this discussion for informative purposes only. Every situation is different and for legal advice on your specific situation, please consult a licensed attorney. Now with that out of the way, back to the discussion:
