United States v. Donald Eugene Banks

Donald Banks, a civilian, appeals his criminal conviction by challenging the actions of military investigators in searching and arresting him for violation of “civil” (non-military) laws while he was on McChord Air Force Base. We affirm.

Facts

Banks and three airmen were arrested by Air Force investigators in August of 1975 in a barracks room on the McChord base. The arrest followed a search, made pursuant to a warrant for the search of the room and the persons found there issued by the base commander. The search turned up heroin on Banks and in the room. Probable cause for the warrant was based on the affidavit of an Air Force investigator setting forth a voluntary statement given him by a Sergeant Haynes.

After being given the Miranda warnings, Banks signed a confession implicating himself and the three airmen. His motion to suppress his confession and the evidence seized from his person was denied. On stipulated facts, preserving the suppression issue, the district court convicted Banks of possession of heroin with intent to distribute.

Issues

Banks contends that the military has no power to search and arrest civilians for civil offenses. In the alternative, he…