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My unit has lost some equipment. They just searched all of our cars and now they say that they will search our homes. I am staying in my dad's RV off post. Can I demand a warrant before they search my dad's RV? I have nothing to hide, but warrantless searches aren't exactly something that is kosher with me.
Contact the base attorney, and or a civilian one. Remember consultations are free. HOWEVER Stolen .gov property isn't. Any search needs to be specific.
I would refuse any off-post/base search in the absence of a search warrant. On-post/base is a completely different story. There are signs posted at base/post entrances that state entry implies consent to search of your vehicle and person. Off post/base is a completely different story. Tell them to pound sand unless they have a search warrant.
Not to mention its not your RV. So im guessing that the title to it is not in your name and your dad is not in the mil. Just a thought
Not sure for a criminal purpose, but they can do a welfare check on off base housing if you get BAH to make sure you are not living in filth. But I would definitely contact an attorney to verify. JAG might know too.
Only time I saw this was when the CO found out some soldier was in an apartment and not cleaning to the point of roaches, mold on the counters and basically living in a biohazard.
*cough* IG *cough*
excuse me, damn spring pollen.......
The local news media always appreciate a good human interest story...
Search, by a member of the Military Police, of a soldier's private dwelling,
not on a military reservation, without the soldier's consent and without
a search warrant, and seizure therein of property believed to have
been stolen are illegal and an unwarranted invasion of the soldier's constitutional
rights; and upon a subsequent prosecution of such soldier for
larceny, the property so seized is not admissible in evidence.21 http://www.wcl.american.edu/journal/.../16/larkin.pdf
I love that media idea. Thanks guys.
Ya know damn well they are just looking to see who bolts to run home and move the stuff. they probably have an idea who it is and just want to see if that person(s) take it somewhere else. Bigger than a breadbox?
Just puff out your chest, thump it really hard with your fist and tell them there's no way they're coming in. Lots of folks seem to think that's the correct approach. So it'll probably work.
I agree with the "IG" comment as well as throw out " Congressional Inquiry" if a demand for a warrant is met with adverse actions to your military status (such as reprimands, etc).
Are you paying for that residence with BAH?
It doesn't matter. They can not enter your off base/post residence without a search warrant unless you give your permission.Quote:
Originally Posted by LigersRCool
If someone knows of an Army/USAF/Marine/Navy regulation that states otherwise, please post it. In my 25 years on active duty (the last few as our squadron First Sergeant) I never saw one.
Well said, no one can enter your off base home with out a warrant or you invite them. Puffy out your chest and telling them to pound sand is the right approach. I would also consult with IG and a Attorney.Quote:
Originally Posted by TennVol
Josh,
id think that your commander is smart enough to get advice before trampling all over his Soldiers. Unless he flipped a 180 in the last two months, I don't think you have anything to worry about (unless you actually have the item, which would surprise the crap outta me and not in a good way)......
others are right: no warrant = no searchee.