DAF Form 1364: Consent for Search and Seizure Guide

DAF Form 1364: Consent for Search and Seizure Guide – If you serve in the U.S. Air Force (USAF), U.S. Space Force (USSF), or work as a Department of the Air Force (DAF) civilian, you may encounter DAF Form 1364, officially titled Consent for Search and Seizure. This form documents voluntary written consent for security forces or law enforcement to search a person, their property, vehicle, dorm room, or other areas under their control.

Understanding this form protects your Fourth Amendment rights while ensuring compliance with military rules of evidence and Department of the Air Force procedures.

What Is DAF Form 1364?

DAF Form 1364 (formerly AF Form 1364) is a standard Department of the Air Force form used by Security Forces to obtain and document voluntary consent for a search and seizure. It applies when an individual freely agrees to let authorities search their person, personal possessions, vehicle, residence, or workspace.

Unlike AF Form 1176 (Authority to Search and Seize), which commanders or authorized officials use for non-consensual searches based on probable cause or authorization, DAF Form 1364 relies entirely on the individual’s freely given consent. Security Forces use it to create a clear written record that the consent was informed and voluntary.

Key purposes:

  • Document that consent was given freely and voluntarily.
  • Specify the exact areas or items subject to search (e.g., vehicle, dorm room, personal effects).
  • Protect the chain of custody for any evidence found, making it admissible in courts-martial or administrative proceedings.
  • Provide a defense against later claims of unlawful search under the Military Rules of Evidence (M.R.E.), particularly M.R.E. 314 on consent searches.

The current official fillable PDF is available for download directly from the Department of the Air Force e-Publishing site:
Download DAF Form 1364 PDF

When Is DAF Form 1364 Used?

Security Forces or investigators typically use DAF Form 1364 during:

  • Investigations into suspected misconduct, theft, drug offenses, or other violations under the Uniform Code of Military Justice (UCMJ).
  • Routine or probable-cause-based stops where the individual agrees to a search instead of requiring a commander’s search authorization.
  • Searches of on-base housing, vehicles on base, or government-issued equipment when consent is granted.

Important: Consent must be voluntary. Coercion, undue command influence, or misleading statements can invalidate the consent. The form helps prove voluntariness by documenting that the person was informed they could refuse without penalty and that anything found could be used against them in legal or administrative actions.

The form is referenced in current guidance such as DAFI 31-118 (Security Forces Standards and Procedures) and related manuals.

How to Complete and Use DAF Form 1364? (Key Sections)

While the exact layout is in the official PDF, standard blocks typically include:

  1. Information of the Person Granting Consent — Name, rank/grade, SSN (or DoD ID), organization/unit, and contact details.
  2. Description of Property/Area to Be Searched — Specific details (e.g., “2022 Toyota Camry, license plate XYZ, parked at Bldg 123” or “Dorm room 456, Bldg 700”).
  3. Consent Statement — The individual acknowledges that they voluntarily consent, understand they may refuse or limit the search, and know that evidence found may be used in proceedings.
  4. Signatures — Signature of the consenting person, date/time, and witnesses (often the Security Forces member and a second witness).
  5. Additional Notes — Any limitations on the scope of consent or withdrawal of consent.

Best practices for Security Forces:

  • Explain rights clearly before asking for consent.
  • Advise the person that they can refuse, limit the search, or withdraw consent at any time.
  • Have the individual read and understand the form.
  • Retain the completed form in the case file (usually one copy).

If the official form is unavailable, consent can be documented on plain paper with the same essential details (time, date, scope, signatures), but using the official DAF Form 1364 is strongly preferred for consistency and admissibility.

Under the Fourth Amendment (as applied to the military) and Military Rule of Evidence 314:

  • Consent must be voluntary under the totality of circumstances.
  • You do not have to consent to a search.
  • You can limit the scope (e.g., “only the trunk” or “only this specific bag”).
  • You can withdraw consent at any time during the search.
  • Mere submission to authority or fear of consequences does not equal valid consent.
  • The government bears the burden of proving consent by clear and convincing evidence if challenged.

In the military environment, rank and command structure can create subtle pressure. If you feel coerced, politely refuse and request to speak with your commander, legal counsel (Area Defense Counsel), or the Inspector General.

Note: Consent searches differ from other exceptions, such as searches incident to lawful apprehension, commander-authorized searches, or exigent circumstances.

Why Documentation Matters?

A properly completed DAF Form 1364 strengthens the prosecution’s case by showing the search was lawful. It also protects the individual by creating a clear record of what was agreed to. Poor documentation can lead to evidence being suppressed in a court-martial or administrative hearing.

For commanders and supervisors: Ensure Security Forces follow proper procedures to maintain the integrity of investigations and protect service members’ rights.

Download and Additional Resources

  • Official DAF Form 1364: Download here from Air Force e-Publishing.
  • Department of the Air Force e-Publishing portal: www.e-publishing.af.mil
  • Related guidance: DAFI 31-118 and Security Forces training materials.

Disclaimer: This article provides general information based on publicly available Department of the Air Force publications and military legal principles as of 2026. It is not legal advice. For specific situations, consult your installation’s legal office, Area Defense Counsel (ADC), or chain of command. Laws and procedures can be updated; always refer to the latest official publications.

If you are a service member facing a search request or investigation, know your rights and consider seeking advice immediately.