Multiple Article 31 violations can create cumulative effects requiring exclusion of all evidence connected to the pattern of misconduct, even evidence that might survive individual violations. Military courts recognize that systematic rights violations demonstrate bad faith warranting broader suppression than isolated mistakes. When investigators repeatedly violate Article 31 across multiple sessions, with different suspects, or through various tactics, courts may exclude entire investigative products rather than parsing individual violations. This cumulative approach deters systematic misconduct more effectively than piecemeal suppression.
The “course of conduct” analysis examines whether violations represent isolated mistakes or deliberate investigative strategies. Factors include violation frequency, different methods used to circumvent Article 31, supervisor awareness, and corrective action failures. When patterns suggest institutional disregard for rights, courts apply enhanced scrutiny to all evidence connected to the investigation. Even properly obtained evidence might face exclusion when inextricably intertwined with systematic violations, preventing the government from benefiting from overall misconduct.
Practical applications often involve complex investigations where initial violations lead to witness identification, who are then questioned without warnings, revealing physical evidence. Courts might exclude the entire evidentiary chain rather than attempting to segregate tainted from untainted portions. This comprehensive exclusion recognizes that parsing individual fruits from poisonous trees becomes impossible when violations permeate investigations. The deterrent effect requires ensuring systematic violators cannot salvage cases through partial compliance.
Litigation strategies for comprehensive exclusion require documenting violation patterns across the entire investigation. Defense counsel should map connections between violations and all government evidence, demonstrating how misconduct infected case development. Presenting violations as systematic rather than isolated strengthens arguments for broad suppression. The possibility of total evidentiary exclusion from multiple violations provides powerful leverage in negotiations and strong incentive for investigative compliance. This cumulative approach ensures meaningful consequences for systematic Article 31 violations protecting service members from comprehensive rights deprivations.