Page 196 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9899

(6) Disclosure o[sealed materials. For purposes of this rule, "disclosure" includes

photocopying, photographing, disseminating, releasing, manipulating, or communicating the

contents of sealed materials in any way.

_(n) R.C.M. 1109(d)(2)(A) is amended to read as follows:

"(A) In general. The officer exercising general court-martial jurisdiction over the probationer

shall review the record produced by and the recommendation of the officer exercising special

court-martial jurisdiction over the probationer, decide whether there is probable cause to belie•te

that-the probationer violated a condition of the probationer's suspension, and, if so, decide

whether to vacate the suspended sentence. If the officer exercising general court-martial

jurisdiction decides to vacate the suspended sentence, that officer shall prepare a written

statement of the evidence relied on and the reasons for vacating the suspended sentence."

Section 6_. Part III of the Manual for Courts-Martial, United States is amended as follows:

(a) Mil. R. Evid. 311(c)(4) is amended to read as follows:

"( 4) Reliance on Statute or Binding Precedent. Evidence that was obtained as a result of an

unlawful search or seizure may be used when the official seeking the evidence acted aets in

objectively reasonable reliance on a statute or on binding precedent later held violative of the

Fourth Amendment."

(b) Mil. R. Evid. 311(d)(5)(A) is amended to read as follows:

"(A) In general. When the defense makes an appropriate motion or objection under

subdivision (d), the prosecution has the burden of proving by a preponderance of the evidence

that the evidence was not obtained as a result of an unlawful search or seizure, that the evidence

would have been obtained even if the unlawful search or seizure had not been made, that the

evidence was obtained by officials who reasonably and with good faith relied on the issuance of
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