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Can the army search off post residence without warrant?
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.
You want to be a martyr, I want to make you one.
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.
The Great Kazoo's Feedback
"when you're happy you enjoy the melody but, when you're broken you understand the lyrics".
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.
MSgt, USAF (Retired)
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.......
Errrrrrrrrrrrrrrr
Haw haw haw?..
The local news media always appreciate a good human interest story...
MSgt, USAF (Retired)
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.
You want to be a martyr, I want to make you one.
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?
I see you running, tell me what your running from
Nobody's coming, what ya do that was so wrong.
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