Posted on Jul 28, 2015
JAG said I violated his 4th Amendment rights. What say you?
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JAG said I violated his 4th Amendment rights. What say you?
http://business.wikinut.com/1st-Sergeant-Perspective%3A-4th-Amendment-Rights-Violated/1gf2lc85/
http://business.wikinut.com/1st-Sergeant-Perspective%3A-4th-Amendment-Rights-Violated/1gf2lc85/
Posted >1 y ago
Responses: 7
First, great article and I stand behind your decisions and GREAT final outcome. That is what Leaders should do.
There was a great deal of discussion regarding the 4th amendment when I went to Army Senior Leaders Course. A great deal of that was more focused on Soldiers living off base. There was some conversation about hotel parties, which were a huge problem when I went through AIT (Army's MOS schooling). The general consensus was that a Commander can give probable cause and, dependent on circumstance, a First Sergeant who is acting on behalf of the Commander can do so as well. There was a fine line between when that would be, but the given situation would be within that realm. If the MTL had gone without you or without Commanders approval, that would be a hard no. My Drill Sergeants got past that with a blanket order of authorization from the Commander 12 years ago. Don't know if that would still hold up.
There was a great deal of discussion regarding the 4th amendment when I went to Army Senior Leaders Course. A great deal of that was more focused on Soldiers living off base. There was some conversation about hotel parties, which were a huge problem when I went through AIT (Army's MOS schooling). The general consensus was that a Commander can give probable cause and, dependent on circumstance, a First Sergeant who is acting on behalf of the Commander can do so as well. There was a fine line between when that would be, but the given situation would be within that realm. If the MTL had gone without you or without Commanders approval, that would be a hard no. My Drill Sergeants got past that with a blanket order of authorization from the Commander 12 years ago. Don't know if that would still hold up.
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Leaders should use tough love, understand the constitution of a person, and when they have been punished enough. If they are worth salvaging, pick them up, dust them off, and send them on their way to redemption.
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SMSgt Tony Barnes
Great work 1st Sgt! Lucky? Well - I don't think it was "luck". I do think it was just as you said - keeping the INTENT of the law instead of the LETTER of the law! Yes - maybe (and I say maybe because rather than "unreasonable search without probable cause" I think it was more like a "reasonable search with probable cause") the case would have been different in court, but I think the JAG KNEW they had only a shred of a chance and that the actions you took were the right actions! God Bless you, SIR!
Great work 1st Sgt! Lucky? Well - I don't think it was "luck". I do think it was just as you said - keeping the INTENT of the law instead of the LETTER of the law! Yes - maybe (and I say maybe because rather than "unreasonable search without probable cause" I think it was more like a "reasonable search with probable cause") the case would have been different in court, but I think the JAG KNEW they had only a shred of a chance and that the actions you took were the right actions! God Bless you, SIR!
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