Posted on Mar 20, 2019
Can a Drill sergeant search you and only you without permission?
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I’m here at AIT and I have this drill sergeant that absolutely hates everything me and another person in our platoon does the first 2 weeks we did get off on the wrong hand but I just wasn’t use to the freedom coming fresh out of basic I told her that and I’ve been staying under the radar for a while but she just looks for any and everything to chow us out about or give us a counseling so today we had a random room expectation and our rooms got trashed me and the guy she hates also so what she did was thrower everything out our drawers and brought the females to our room and told them that this is how we live and we’re dirty so she took our phones and a couple more guys I gave her a phone but she said I had more than one phone so she made me open my locker and searched through my bags in my locked locker with no permission and found a old phone I was wrong for not turning it in but everyone is telling me to go talk to my 1Sgt because it wasn’t right how I was the only one that got searched and she was never given permission to search any of my personal belongings she just decided to and made me open my locker should I talk to my first sergeant about this? Or is this just something I should just deal with 8 more weeks because I think she is trying to get me put out and I can’t take it
Drill Sergeant
AIT Student
Inspections
Posted >1 y ago
Responses: 410
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Just on the legal side of this discussion- A wall locker, a desk, a file cabinet etc provided by the government is not your personal space. It is government property and subject yo search without a warrant. When you use government property you lose some expectations of privacy. Just as in high school the pricipal can search your locker.
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You need to realize that you are not in the civilian world or even the army yet. You are in training. It is of the utmost importance that you learn to obey, and follow the rules and regulations (no matter how ridiculous or nonsensical they may seem.) Once you leave this protected environment you will enter another unfamiliar world. When you enter the "real" Army, it will be extremely important.
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Unless it was health in wellness she had to right to go to your secured locker
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SGT (Join to see)
SSG(P) Geoffrey Carter - ok, we’re on the same page. The DS has every right to search a single locker.
PV2 (Join to see) feels otherwise, but has been unwilling, or unable to provide the regulation to support his claim.
PV2 (Join to see) feels otherwise, but has been unwilling, or unable to provide the regulation to support his claim.
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PV2 (Join to see)
–2. Probable cause searches
Guidelines for probable cause searches are listed below.
a . S e a r c h a u t h o r i z a t i o n . G e n e r a l l y , p r o b a b l e c a u s e se a r c h e s
should be conducted only under the authority of a search authoriza- tion or a search warrant. Exceptions to this policy are found in paragraph 2–2g.
b. Power to authorize a search. An authorization to search may be granted by—
(1) The commander or acting commander. However, the com- mander or acting commander must not have become an active par- ticipant in gathering evidence to be used as the basis for requesting the authorization.
(2) A military judge.
(3) A military magistrate.
(4) Civilian judicial officials.
(5) Any other person authorized to exercise such authority under
the provisions of AR 27–10. , I asked one of my ds also , anything secured and personal items cannot be searched unless approved by those above ^
Guidelines for probable cause searches are listed below.
a . S e a r c h a u t h o r i z a t i o n . G e n e r a l l y , p r o b a b l e c a u s e se a r c h e s
should be conducted only under the authority of a search authoriza- tion or a search warrant. Exceptions to this policy are found in paragraph 2–2g.
b. Power to authorize a search. An authorization to search may be granted by—
(1) The commander or acting commander. However, the com- mander or acting commander must not have become an active par- ticipant in gathering evidence to be used as the basis for requesting the authorization.
(2) A military judge.
(3) A military magistrate.
(4) Civilian judicial officials.
(5) Any other person authorized to exercise such authority under
the provisions of AR 27–10. , I asked one of my ds also , anything secured and personal items cannot be searched unless approved by those above ^
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SGT (Join to see)
PV2 (Join to see) - I suppose the DS that did the searching is just lucky she found contraband. However, regardless of what another DS told you, per the regulation above, a search is authorized. (The Commander can authorize the drill sergeants to conduct searches. What isn’t clear about that?)
Additionally, from chapter 2-2, e. “Power to conduct a search. Any commissioned officer, warrant officer, noncommissioned officer, criminal investigator, or military policeman may conduct a search. Other persons designated by proper authority to perform guard or police duties or agents of such persons may conduct a search.”
But if that’s not enough, look a bit further into the reg. Ch 2-3 C, (2) e.
“Searches of Government property. Government property, in- cluding vehicles, may be searched without probable cause. Howev- er, the person to whom the property is issued or assigned may have a reasonable expectation of privacy therein at the time of the search. Normally, a person does not have a reasonable expectation of pri- vacy in Government property that is not issued for personal use. Wall or floor lockers in living quarters are normally issued for storing personal possessions. If the lockers are used only for this purpose, they should not be searched under the provisions of this subparagraph. However, whether there is a reasonable expectation of privacy in Government property issued for personal use depends on the unique facts and circumstances surrounding each case. While s e a r c h i n g a G o v e r n m e n t v e h i c l e w i t h o u t p r o b a b l e c a u se , i f separately contained personal property such as a suitcase or duffel bag is found, this property may not be seized or searched without a separate authorization or exigency. However, such property may be searched under the provisions of paragraph 2–2g(3) when there is probable cause to believe an operable Government vehicle contains persons, property, or evidence connected with crime, or that a per- sonal container such as a suitcase or duffle bag located in an opera- b l e v e h i c l e c o n t a i n s c o n t r a b a n d o r o t h e r p r o p e r t y o r ev i d en ce connected with a crime. Such property may be searched under the provisions of paragraph 2–3b if persons are apprehended while occupants of a Government vehicle.”
Wall lockers are searched every single day. If it wasn’t legal or authorized, I’m quite certain that it would have become an issue by now.
Additionally, from chapter 2-2, e. “Power to conduct a search. Any commissioned officer, warrant officer, noncommissioned officer, criminal investigator, or military policeman may conduct a search. Other persons designated by proper authority to perform guard or police duties or agents of such persons may conduct a search.”
But if that’s not enough, look a bit further into the reg. Ch 2-3 C, (2) e.
“Searches of Government property. Government property, in- cluding vehicles, may be searched without probable cause. Howev- er, the person to whom the property is issued or assigned may have a reasonable expectation of privacy therein at the time of the search. Normally, a person does not have a reasonable expectation of pri- vacy in Government property that is not issued for personal use. Wall or floor lockers in living quarters are normally issued for storing personal possessions. If the lockers are used only for this purpose, they should not be searched under the provisions of this subparagraph. However, whether there is a reasonable expectation of privacy in Government property issued for personal use depends on the unique facts and circumstances surrounding each case. While s e a r c h i n g a G o v e r n m e n t v e h i c l e w i t h o u t p r o b a b l e c a u se , i f separately contained personal property such as a suitcase or duffel bag is found, this property may not be seized or searched without a separate authorization or exigency. However, such property may be searched under the provisions of paragraph 2–2g(3) when there is probable cause to believe an operable Government vehicle contains persons, property, or evidence connected with crime, or that a per- sonal container such as a suitcase or duffle bag located in an opera- b l e v e h i c l e c o n t a i n s c o n t r a b a n d o r o t h e r p r o p e r t y o r ev i d en ce connected with a crime. Such property may be searched under the provisions of paragraph 2–3b if persons are apprehended while occupants of a Government vehicle.”
Wall lockers are searched every single day. If it wasn’t legal or authorized, I’m quite certain that it would have become an issue by now.
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Okay. First, as was pointed out, you're going to be doing a lot of writing when you get to your duty station and it needs to be professional. If you need assistance in writing, please get online and search for examples, or wait till you get to your permanent duty station and seek assistance there. Now, on to the problem at hand. I am not here to hurt you in any way, but I am here to tell you that you DEFINATELY are not off to a good start. If this DS has you in her sights, it's time for you to grow up, have a "come to Jesus" moment and ask yourself why. I can guarantee you she just didn't decide to make you the "object of her affection" as soon as you got off the bus. One of the best pieces of advice that I can give you early in your career is a simple one. That is to take ownership in all that you do...right or wrong (especially wrong). By doing so, that shows the NCO's and Officers that are in charge of you that you are in fact an adult, and that you understand that you are going to make mistakes and are ready to learn from them. Another piece of advice is equally simple. If more Junior Enlisted Soldiers would practice this simple lesson, there would be a lot less money going to the Old Soldiers home. That lesson is "if it feels wrong...it is wrong, and if what you are going to do feels stupid....it is stupid". Now, that's the best advice I have. Don't listen to barracks lawyers, simply because they're usually uninformed idiots. Oh and as for this searching situation? More advice....just let it go. It's a no win situation for you. Pick yourself up, dust yourself off and start becoming the Soldier that I know you can be. Good luck in your future!
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I couldn’t really concentrate because of your lack of periods. I really suggest that you learn to communicate through the written method before seeking advice through a forum such as this.
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If I were you and I believed my 4th Amendment to the US Constitution had been violated then I would go straight to the top. I would immediately request to speak with BG Brad McBride (55th Quartermaster General) on his open door policy.
Make sure that you tell him that I said "Rock of the Marne" and Happy New Year!!! I can guarantee you 100% that he will take can of the situation.
Make sure that you tell him that I said "Rock of the Marne" and Happy New Year!!! I can guarantee you 100% that he will take can of the situation.
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I was what they called a ground pounder 11b10. Blue rope. First we weren't mechinezed , we either ran every where or was bussed then ran. No problem. Jump school didn't have to go, they beged you to quit. Fights at the water troughs . Basic and AIT are the easy part when you get to the advanced schools where you could drop out, some of those were the hard part, I have helped the guy running beside me. We might carry him. Just saying basic is basic, ait is your mos mine was 11b10. rifleman.
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There is an old joke that seems to apply here, If your DS tells you to go jump in a lake, you have every right to complain, but when you DO complain, your sorry ass had better be wet. If you are unwilling to follow orders, the military is NOT for you.
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Look on the fences and at the gates, entering all military and federal facilities is consent to search. Do what you're expected to do and you have no worries, play stupid games win stupid prizes. If this minor incident is that butt hurting for you maybe the military wasn't the right choice for you.
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