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Can the chain of command confiscate a soldiers civilian clothing?
Posted in these groups: 
JAG
CG-LGL10: Legal
JAG CG-LGL10: Legal
Posted 9 y ago
Responses: 7
Unless part of a post or training policy, I think you'll find the answer is no.
I also think you'll find it is done anyway.
And no restrictions are allowed prior to conviction unless pretrial confinement has been approved. Any restrictions imposed pretrial will likely come back to haunt the commander and the adjudication process.
Its often said you can not take a SM car keys for no insurance, failed safety inspection, no DL.. Thats correct/ Nor can you tell them they can't drive the car....(unless part of a legal restriction adjudication process) But you can still effect the same restriction, with words and later actions.
"Soldier, you have no valid insurance, if that car is operated, you will be in violation of state law and post/ Army policy. Violating those laws and policies will likely result in UCMJ action"
Car moves and no valid insurance, start the UCMJ process.
Car does not move until insurance is obtained, you effected the desired outcome
I also think you'll find it is done anyway.
And no restrictions are allowed prior to conviction unless pretrial confinement has been approved. Any restrictions imposed pretrial will likely come back to haunt the commander and the adjudication process.
Its often said you can not take a SM car keys for no insurance, failed safety inspection, no DL.. Thats correct/ Nor can you tell them they can't drive the car....(unless part of a legal restriction adjudication process) But you can still effect the same restriction, with words and later actions.
"Soldier, you have no valid insurance, if that car is operated, you will be in violation of state law and post/ Army policy. Violating those laws and policies will likely result in UCMJ action"
Car moves and no valid insurance, start the UCMJ process.
Car does not move until insurance is obtained, you effected the desired outcome
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SSG (Join to see) Search Rally Point answers for, "Can the Chain of Command confiscate a Soldier's POV keys?" Answered by SGT Jennifer Riser, Paralegal Specialist, dtd. 01 Apr 2014. That's the best information that I found at a quick glance. The answer provided by SGT Riser also covers your question.
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SSG (Join to see)
I've seen it happen in the Navy, but only as the result of an Article 15 or Court Martial.
A JAG or legal clerk would obviously know the full rule.
LTC John Shaw, I know you're not JAG but you are a lawyer. Are you qualified to give this type of legal advice?
I've seen it happen in the Navy, but only as the result of an Article 15 or Court Martial.
A JAG or legal clerk would obviously know the full rule.
LTC John Shaw, I know you're not JAG but you are a lawyer. Are you qualified to give this type of legal advice?
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LTC John Shaw
PO1 John Miller SSG (Join to see) I am not a JAG or practicing attorney, so my advice is worth what you pay for it. :)
I don't see any basis for a Commander securing a soldier's personal clothing in a US Garrison except in a lawful investigation. When my unit ran Kandahar, Afghanistan as the US Garrison and we seized a piece of personal property they only acceptable reason was as evidence in a pending prosecution. If not directly related to the charge, it must be returned in a reasonable timeframe (2-3 days).
I don't see any basis for a Commander securing a soldier's personal clothing in a US Garrison except in a lawful investigation. When my unit ran Kandahar, Afghanistan as the US Garrison and we seized a piece of personal property they only acceptable reason was as evidence in a pending prosecution. If not directly related to the charge, it must be returned in a reasonable timeframe (2-3 days).
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SSG (Join to see)
I don't feel comfortable taking a soldiers personal items but I can only fight so much until I'm told to shut up and color. The soldier is pending court martial, is restricted to base, has been arrested for trying to come back on base after the restriction and has a stack of paperwork. We are OCONUS in Japan.
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PO1 John Miller
SSG (Join to see)
From what limited information you're allowed to provide, it sounds to me like you/your chain are probably okay as far as being allowed to confiscate the Soldier's property.
From what limited information you're allowed to provide, it sounds to me like you/your chain are probably okay as far as being allowed to confiscate the Soldier's property.
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