Can an officer or senior enlisted (not an MP) order or demand a soldier/servicemember out of a POV on post whilst driving?

SGT Private RallyPoint Member — Tue, 21 Jan 2020 13:31:53 -0500

Response by MAJ Javier Rivera made Jan 21 at 2020 1:43 PM

MAJ Javier Rivera — Tue, 21 Jan 2020 13:43:07 -0500

Depends on the circumstances! A safety violation, perhaps?

Response by MSG Private RallyPoint Member made Jan 21 at 2020 1:56 PM

MSG Private RallyPoint Member — Tue, 21 Jan 2020 13:56:58 -0500

General Military Authority. If said Officer or NCO witnesses an unsafe act...such as driving crazy like....yes, they can order them out of the car and detain them until MPs arrive.

Response by LTC Private RallyPoint Member made Jan 21 at 2020 2:00 PM

LTC Private RallyPoint Member — Tue, 21 Jan 2020 14:00:44 -0500

If you're in this situation, drive to the MP station or public area before you stop.
I would expect rode rage more likely than an on the spot correction of your driving.

Response by 1SG Dennis Hicks made Jan 21 at 2020 2:14 PM

1SG Dennis Hicks — Tue, 21 Jan 2020 14:14:00 -0500

What was the driver doing or not doing while in the car? Disobeying a direct or a lawful order can bring you much more grief that stoping then complaining to appropriate authorities later. Driving on post is not a right and can be curtailed. If the other driver was road raging a quick call to DOD/MP HQ can fix the issue quicker and with less to no repercussions to you.

Response by SSgt Private RallyPoint Member made Jan 21 at 2020 4:31 PM

SSgt Private RallyPoint Member — Tue, 21 Jan 2020 16:31:37 -0500

Possible scenarios:

1. You cut off an officer or senior enlisted personnel. Oops. Officer/SNCO meets you at the next light and demands you exit the vehicle. He's irate. No, I'm not getting out of the car. Let him follow you to a public area, but find one quick.
2. Officer/SNCO smells what he perceives to be marijuana in your car at a traffic light (don't laugh, I've seen it happen). Officer/SNCO better follow you to your duty station and talk with your immediate CoC, or take down your plate and report same. Anything else contaminates the scene.

Response by Maj John Bell made Jan 22 at 2020 2:54 AM

Maj John Bell — Wed, 22 Jan 2020 02:54:23 -0500

Yes.

Response by MSgt Steve Sweeney made Jan 22 at 2020 6:56 AM

MSgt Steve Sweeney — Wed, 22 Jan 2020 06:56:47 -0500

Yes. Unless an order is blatantly and immediately illegal, follow the order and then take it up with your chain of command if you feel it was out of line. If you fail to obey the order, then you don't have a leg to stand on. Then the discussion centers around why you didn't obey the order rather than the validity of the order in the first place.

Response by MAJ Byron Oyler made Jan 22 at 2020 4:24 PM

MAJ Byron Oyler — Wed, 22 Jan 2020 16:24:59 -0500

If I tell someone junior to get out of a car and I am well identified, you better do it however keep in mind whenever I use my rank in such a fashion, I better have good rationale to back this up. If they don't, you have every right to report it to your chain of command and the MPs. You get out of a car related to road rage and they assault you, it is their ass. it is a judgment call and I am in the business of making friends, not enemies so if someone asks me something, I tend to work to comply and address major issues later.

Response by SSG Michael Vance made Jan 23 at 2020 10:23 PM

SSG Michael Vance — Thu, 23 Jan 2020 22:23:45 -0500

Not knowing the complete circumstance of the situation, the short answer on a commissioned officer or senior non-commissioned officer being able to issue a lawful order to a soldier/service member is YES