Can CQ use Command Authority to search a Soldier's barracks room?

2019-11-15T23:24:31-05:00

Currently have to write an essay on "Legal and the NCO Leader" in BLC. I've been reading the MCM and searching the web for an answer to this question and can't find anything clear and direct. Does the CQ NCO have the right under Command Authority or Scope of Authorization form a Soldier's commander to inspect an SM's room under reasonable suspicion? Does the CQ have to notify the MP's?

Response by SFC Private RallyPoint Member made Nov 16 at 2019 3:39 AM

2019-11-16T03:39:40-05:00

A more accurate question is does the commander have this authority? The commander can grant all kinds of authority but not the authority they don't possess.

Response by SSG Private RallyPoint Member made Nov 16 at 2019 4:12 AM

2019-11-16T04:12:03-05:00

Simple answer is no, they do not have that authority. Any time we needed a room searched, we had to get a search authorization from the Commander if the SM did not give permission. If he/she was not available, we would go to the Judge Magistrate. They can't search just because they want to they need a reason for it (probable cause, etc.), which is why Commanders often opt on just doing a Company Health and Welfare Inspection. On the drug team, we would get involved in the inspection and run dogs through.

Response by LTC Jason Mackay made Nov 16 at 2019 10:38 PM

2019-11-16T22:38:26-05:00

No.

From the 2019 Commander's Legal Guide pg 49 onward:
"2. Search Warrants and Authorizations
a. Commander’s Authorization
A commander may authorize searches of his or her Soldiers and equipment, or areas he or she controls, when there is probable cause to believe that items connected with criminal activity are located in the place or on the person to be searched. When time permits, the commander should consult a legal adviser rst. A commander may not delegate the authority to authorize searches to others in the unit. The power to authorize a search, however, may devolve to an act- ing commander if the commander is absent. The authority of an acting commander to authorize searches should be documented in writing by the absent commander."

https://www.jagcnet.army.mil/Sites/jagc.nsf/0/EE26CE7A9678A67A85257E [login to see] /$File/CommandersLegalHandbook.pdf

The commander himself must consult legal counsel if feasible before conducting such a search. Probable cause is also very specific. Certainly not delegated to a CQ.

CommandersLegalHandbook.pdf

Response by MAJ Javier Rivera made Nov 18 at 2019 11:21 AM

2019-11-18T11:21:15-05:00

No, s/he cannot! Remember the 4th Amendment of the US Constitution!!!!!!!!

However, as a CQ, there are unit policies and duty briefs which become your “how to”; think about the general orders. Those constitute your legal framework when on CQ or other guard duty.

You have receive a lot of great information in the various answers to your post.

Take a quick glimpse on the attached document:
https://www.jagcnet.army.mil/Sites/jagc.nsf/0/EE26CE7A9678A67A85257E [login to see] /$File/CommandersLegalHandbook.pdf

CommandersLegalHandbook.pdf

Response by CSM Richard StCyr made Nov 19 at 2019 12:11 PM

2019-11-19T12:11:38-05:00

No they must notify and gain Commanders consent. Trying to find you a source to cite other then the NCO guide.