Posted on Feb 28, 2022
Can a CSM go into POV’s without the owner present?
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So our BN CSM walked through our barracks parking lot, and began going into POVs and looking around them and inside of them while the owner is not present.
I'm curious if he is allowed to do that, I haven't found any regs saying he can or cannot do that, does anyone have any insight?
I'm curious if he is allowed to do that, I haven't found any regs saying he can or cannot do that, does anyone have any insight?
Barracks
XVIII ABN Corps
Housing
Posted 4 y ago
Responses: 48
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Looking in, yes. Entering the vehicle, nope. As long as it's on an P/C/S installation. Off post is a different discussion. Entering even if unlocked without a real cause would be a no-go.
Officers and Senior NCOs have a duty to take care of the troops in their span of control for a range of reasons (life, safety, health, morale) but that has limits. Especially off post.
Officers and Senior NCOs have a duty to take care of the troops in their span of control for a range of reasons (life, safety, health, morale) but that has limits. Especially off post.
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I would say no he doesn't have your permission and if he indeed had suspictions he should take them to an MP and go through legal channels
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LCDR Robert S.
Even if you read the sign, it's actually making a statement that violates the 4th Amendment. Consent given can be revoked at ANY time. And if that's a revocation of consent to search a POV the ONLY legal recourse that those who wanted to search have is to 1) let the person go without searching their vehicle, or 2) require the person to immediately remove their vehicle from the base.
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No. Worse yet if he did find anything in there it would not be admissible based upon it being an invalid search.
He could also be charged with a crime for breaking into the vehicle, even if it is unlocked.
He could also be charged with a crime for breaking into the vehicle, even if it is unlocked.
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You probably will not find anything in Regs saying yes or no, but you will find a firm No in both the US Constitution's Fourth Amendmant and 32 CFR 552.18, both of which specify reasons and requirements for conduct of such searches.
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Suspended Profile
Take a guess...but first, PRIVATELY owned stuff - a car, a truck, a pair of pants - is PRIVATE property.
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Maybe he was just trying to get his stuff back?!?! But seriously lock your doors and this wouldn’t be an issue.
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This CSM sounds like a toxic leader. I wonder what else he has been doing.
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Once upon a time at Ft Bliss they pulled every car driving on a particular road (may have been the whole post) into the nearest motorpool and 100% of the vehicles were searched by random NCO’s. Looking for guns specifically, I believe it was 2014 the day after the shooting on Ft Hood. I always wondered about the legality of that particular instance.
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