Is your leadership allowed to conduct a Barracks Room inspection without warning or without me being present?

PFC Private RallyPoint Member — Thu, 22 Feb 2024 13:48:47 -0500

So I live on fort bliss, and recently there was a random room inspection done. Just for me not anyone else. I live in a suite type barracks room, and I was just wondering if even though it's a government owned building, are they allowed to go through your room without your knowledge? Even when we do health and wellness checks we stand outside the room while they check so I'm just wanted to ask if somebody got away with something that should've happen. I'm fairly new to the Army so I have no clue.

Response by Cpl Vic Burk made Feb 22 at 2024 1:55 PM

Cpl Vic Burk — Thu, 22 Feb 2024 13:55:36 -0500

PFC Private RallyPoint Member If they selected just your room to be inspected there is more to this that meets the eye. Either they suspect something or someone reported something is my guess. I'm not an expert on legal matters on this but I'm sure there is someone on here who can give you a better answer that follows regulation.
COL Randall C. Can you weigh in on this one?

Response by MSG Private RallyPoint Member made Feb 22 at 2024 1:59 PM

MSG Private RallyPoint Member — Thu, 22 Feb 2024 13:59:21 -0500

Googling the FT Bliss Barracks Policy from 2021 (and I am betting the 2024 version is very very similar), it states that Unit Leaders will conduct walk through inspections. The closest I see in the policy is stating that Leadership will balance the need for good order and discipline and the privacy of the Soldier. I saw nothing stating that the Soldier must be present.

Are you sure that your room, and your room ONLY was the room inspected? No other rooms? Because, I have to say that if your room was the ONLY room inspected, that could speak on your cleanliness.

However, if you TRULY want to know if the Leadership can go through your room without your presence, then I recommend you seek out the most up to date policy for the base and your unit regarding barracks inspections.

Response by SSgt Christophe Murphy made Feb 22 at 2024 4:16 PM

SSgt Christophe Murphy — Thu, 22 Feb 2024 16:16:46 -0500

What does the current Barracks policy state? I'm sure there is something in there in regards to room inspections and walk throughs.

Walk throughs are pretty standard and not uncommon at all. Health and Comfort inspections are a different beast than what they did during a walk through. They are looking for any red flags ranging from issues with the building (lights, plumbing, floors, ceilings, windows, mold, vents etc) and also making sure that basic conditions are within standards. No garbage, laundry laying around, nobody living in the room that isn't you, and nothing else out of the ordinary like hot tubs, motorcycles or other randomness that shouldn't be sitting in the room. Your personal belongings should have been secured in your wall locker/secretary so that is why you aren't there like you are during health and comfort.

I understand the feeling you are experiencing but you should ask or wonder why they do this stuff. Folks have weird stuff in their rooms and there is also the issue of rooms not passing the requirements for basic health and safety needs.

Response by SFC Private RallyPoint Member made Feb 23 at 2024 3:54 PM

SFC Private RallyPoint Member — Fri, 23 Feb 2024 15:54:14 -0500

If it's a health and welfare inspection, they don't have to notify you at all. They can do a health and welfare without telling you and without your presence.

Military Rules of Evidence 313

If you really want to know your rights, go talk to JAG about this. If your room was the only room, there's more to the story than you're telling or you know. Idk.

Response by SSG Dale London made Feb 28 at 2024 7:58 PM

SSG Dale London — Wed, 28 Feb 2024 19:58:43 -0500

Simple answer: yep. As a member of the military, while on active duty, you can be subject to searches and seizures, but these actions must still comply with the Fourth Amendment. For example, if they only search your room or locker but no-one else's, they need to have a search warrant or probable cause. But if they search everybody's stuff, they don't. Likewise, they are not required to give you prior warning of an inspection. That is down to the commanding officer's discretion.
If you are living in the barracks, you are not presumed to have a reasonable expectation of privacy - which can negate a lot of the protections under the 4th amendment.

Response by GySgt Private RallyPoint Member made Feb 29 at 2024 12:30 AM

GySgt Private RallyPoint Member — Thu, 29 Feb 2024 00:30:02 -0500

Seem to be some missing information in this post. What does random room inspection mean? Did someone walk into your suite and ensure your room was kept in a clean and sanitary state and that there were no dogs or cats, mold growing, or trash piling up? If that was the case, no you do not need to be present. From the question, that is what I suspect happened. If the person went through your suite and cut open your wall locker locks and dug through your stuff, they will need a consent to search from the CO with what is being looked for and why.

If you were not present, how did you know about the inspection and how do you know you were the only one inspected. Since you are a boot, do you regularly have issues or struggle with your regular room inspections? Since you were not there but still managed to figure out you were inspected, did your source tell you what they were looking for? That information would be important to a post like this.

Response by Cpl Jeff Ruffing made Mar 3 at 2024 6:11 PM

Cpl Jeff Ruffing — Sun, 03 Mar 2024 18:11:01 -0500

As long as you are on a military installation, you and your possessions are subject to search. It’s posted at the front gate of every military installation

Response by MAJ Darnell Stokes made Mar 8 at 2024 4:09 PM

MAJ Darnell Stokes — Fri, 08 Mar 2024 16:09:12 -0500

I would recommend you go to JAG. I've never seen a Solders room being entered without them unless they weren't seen or heard from.

Response by 1st Lt Mary James made Mar 24 at 2024 12:45 PM

1st Lt Mary James — Sun, 24 Mar 2024 12:45:54 -0400

Retired USAF here. It was an expectation that inspections would be conducted, whether or not we were present; after all, it is Government property. Also being assigned to the "Presidential" base (Joint Base Andrew) and our dorms (barracks) located near the flight line, I would expect anyone to safeguard the area, from leadership in our command to the Security Police. There were a couple of times the SPs came through with the dogs at 2 am, but it was only after certain suspicions arose. Funny thing is, when the very people who howled the loudest about their rights being violated to where they got quarters off base, the inspections died off also. We had a couple of jerks who thought they could keep a ferret in their room. Others decided to cook in their rooms. These are the kinds of activities that are curtailed with inspections because there will always be someone who violates the rules. Every on-base barracks or dorm room I was in, we were allowed to have a locked cabinet for our valuables. If a dog lit onto this area for a suspicious scent, you would be summoned to open your locked cabinet- no one would bust into it. So yes, inspections along with some safeguards towards rights and privacy make for a better functioning base and living quarters.

Response by 1st Lt Mary James made Mar 24 at 2024 12:48 PM

1st Lt Mary James — Sun, 24 Mar 2024 12:48:25 -0400

Just an addendum, the barracks/ dorm assignments were during my enlisted years, E-1 to E-4 ( made it to E-7 before To commissioning)

Response by SPC David C. made Mar 28 at 2024 10:17 PM

SPC David C. — Thu, 28 Mar 2024 22:17:16 -0400

Lol...dude, are you new? If a commander wants to search your shit, they're going to find a way. You, PFC snuffy, can argue it all the way up the chain all you want, but do you really think that is going to improve your situation or career? If you have anything to hide, they'll just keep coming up with more reasons and ways to look. If you're innocent, let it go. They're wasting their time. If you're doing something stupid, then you deserve to get caught.