Posted on Sep 24, 2020
My chain of command just announced that they're going to inspect on and off-post housing. What are they allow to inspect?
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So my question is can they order me open up my kid's room if my son and daughter are in their rooms, or if my dogs are in one of the rooms behind a closed door because of not being friendly to strangers can they order me to open. I apologize for such a naive question, I just have never experienced this before. Is there anything I can reference about off post house inspection by the chain of command.
Posted 5 y ago
Responses: 197
Tell them to go to hell. They don't have the authority. Off post housing cannot be "inspected" by the chain of command without your expressed assent.
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SPC Donald Donovan
I would consult a jag officer without delay, off post civilian housing is not within the jurisdiction of the United States military. Be prepared for some pushback by some overzealous NCO or officer in charge of this “project“.I don’t know what they’re telling you, but I know what they’re trying to feed you. Just sayin.
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Since the military has been getting negative news because of deaths at certain installations maybe this their way of showing the country they're trying to take care of their troops. However of the 22 years i spent in the Army i jever saw nor heard of anything like this happening. Thats why military move off post in the first place. To get away from it
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SSG Dennis Mendoza
You're right about that SFC but in this matter they showed up to the pff post homes and pretty much worded as thank you for inviting us in to your home. My wife was not happy but she was working and my kids didn't want to see them. Only my PLT SGT and PLT Leader came by. From what they're said was to get to know us better but to be honest they still don't know their subordinates better.
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I never heard of such thing but they can inspect only on post housing but off base housing is off limits. I never heard of such a thing!
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If you live in base housing that's off the main installation, they can in fact check your place. BUT if you are living in a privately owned location that is owned by a private entity, then they have to be invited by you. Your command has no control over non government property.
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So my wife brought up a good point, why is the chain of command coming to subordinates homes when this pandemic is going on.
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Be good question for a lawyer. I can see that they might be able to inspect quarters both on and off if you are using guvment funds (BAH) to rent the qtrs. It might be said that the Guvment is the tenant. If paying with your own funds, NO. If there are still some guvment owned houses on post then yes, they can.
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1stSgt Nelson Kerr
If the spouse or anyone else put even a penny into the household budget that argument would fall through
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The only time my command ever inspected my off base housing was in Philippines and it was before I moved in to make sure it was not some dive or a fake address. This was so I could collect BHA and BAQ allowance in my paycheck. By order of comnavstaphil. After that no other inspections were allowed. I would first take this issue to the command Master Sergeant then to legal follow your chain of command
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On base, yes, it is government housing but it can not be unannounced and it must be arranged with you through coordination. Off base, no, only with your permission and only if you want them in your house. You have a constitutional right to personal privacy and the government does not have the right to intrude, yet!
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Tell your commander that the only way he can enter your home is if he has a court order signed by a civilian judge and is escorted by the local sheriff's office.
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Whaaattt? This must be something just
new? Never heard of such a thing, except in civilian law.
new? Never heard of such a thing, except in civilian law.
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AS a courtesy, perhaps, if invited. On base/post/station, it's their property. Understood. Off base/post/station, it is PRIVATE PROPERTY!! They have NO BUSINESS entering a non-government property without a warrant. While I can appreciate a well meant safety and health inspection, it would still need to be done with permission of the occupants, and I can't see those running afoul of standards/regulations allowing ANYONE in without a warrant. Sounds a little shaky.
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Suspended Profile
Not only no, but hell no.
This question has been around for years; and like many, I was on the wrong side of it until I researched it; the answer is NO, your chain of command CANNOT order you to allow them into your off-post housing; even on-post they have extremely limited options to view your living quarters. I recommend doing the research yourself.
1. contact base housing / know your lease and landlord's restrictions.
2. ask JAG.
3. check with the MPs.
4. know your rights under the 4th amendment.
granted its been a few years since I looked into it, but I doubt much has changed; most of your units will call it a "courtesy inspection program" to at least give it the pretense of legality. remember by law your spouse/dependents are also residents and do not have to allow them entry. so if you want to avoid any confrontation just have your significant other refuse them entry. if they attempt to "force" their way in, in any manner, call the police, that should fix the situation.
1. contact base housing / know your lease and landlord's restrictions.
2. ask JAG.
3. check with the MPs.
4. know your rights under the 4th amendment.
granted its been a few years since I looked into it, but I doubt much has changed; most of your units will call it a "courtesy inspection program" to at least give it the pretense of legality. remember by law your spouse/dependents are also residents and do not have to allow them entry. so if you want to avoid any confrontation just have your significant other refuse them entry. if they attempt to "force" their way in, in any manner, call the police, that should fix the situation.
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They cannot inspect off base housing. It would be trespassing id the government does not down the property.
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TSgt Vincent Chenevert
Sorry They cannot inspect off base housing, it would be trespassing if the government does not own the property.
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Most what I read is accurate. I haven't read all comments, but having 22 years in the Army and 10 years as a LEO, the Command can have the civilian LE agency do a welfare check on the soldier or sailor only. The LE agency can't go inside if the soldier or sailor is standing outside with them. They would only be able to go inside if no one answers AND they felt there was an absolute emergency happening inside (i.e. dead body, burning house, etc.). But as for a warrant, no. A magistrate would only sign a warrant with probable cause of any illegal acts happening on that property (drugs, drug distribution, child endangerment, etc.).
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Forgot to mention, this is a common place visit. If they tell you to open anything they must have local law enforcement, MPs, a search warrant and intent.
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Wouldn't this be something to address with a JAG officer though? I'd imagine that there would certain limitations and boundaries and all? If you don't know, you'll find out kind of thing? And it's important.
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It has been a while since I had to research this, but Army command Policy states they are only allowed to inspect Unit controlled areas, they can't even enter your on post housing for any type of inspection. They can however inspect your vehicle if it is parked in a Unit controlled area, but if they feel a need to do that beyond a safety inspection, they should probably get law enforcement involved.
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If your home is off post, not sure the law permits that. They can have the local police do a health and welfare. If on post housing you must make your home available for inspections. They have that right, If someone complained of mold or other property issues I would let them so then they can help you get it fixed.
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