In this episode, we review the interpretation of possession, custody, or control under R.C.M. 701, where defense counsel requests access to the data within the seized phone of the accused that the government is unable to unlock. We clarify the intersection between discovery rules and the Fourth Amendment, discuss the distinction between seizure of an electronic device and the data contained within, and provide takeaways for the field.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.
| Date Taken: | 04.08.2026 |
| Date Posted: | 04.08.2026 08:33 |
| Category: | Interviews |
| Audio ID: | 91175 |
| Filename: | 2604/DOD_111615846.mp3 |
| Length: | 00:22:21 |
| Location: | US |
| Web Views: | 5 |
| Downloads: | 0 |
| High-Res. Downloads: | 0 |
This work, The Quill & Sword | CAAF Chats Ep 68: United States v. Secord (C.A.A.F. 2025), must comply with the restrictions shown on https://www.dvidshub.net/about/copyright.
