Posted on Sep 24, 2020
SSG Dennis Mendoza
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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.
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SFC Retention Operations Nco
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Your chain of command isn’t allowed to enter your off post residence without your invitation. JBLM is conducting these inspections as well, but they are courtesy inspections, not mandatory. The intent is to make sure our Soldiers are being taken care of and not living in decrepit conditions because of bad landlords. You are not required to give entrance to them, and if you do you are not required to let them go anywhere you don’t want them to go. The police can’t even enter your house without your approval and they have legal authority. Your chain of command has no authority over your family or your home.
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SSG Deron Santiny
SSG Deron Santiny
3 y
COL Jim Ainslie - I think your comment is spot on Sir. In my opinion, you and your PSG showed excellent Leadership skills that more likely than not encouraged that soldier to want to be an effective leader. Apparently you were not there for a "Surprise" inspection where the soldier had to be worried about being chastised or worse by what you saw. There is a difference in being an effective leader and being an "Ass" which, you were obviously an effective leader and I am sure your soldiers appreciated you and your PSG for it. You obviously made it to the rank of Colonel for a reason, you are obviously what the Army needs(ed) as a leader unlike some that I am sure we can both say we have seen throughout our careers.
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1SG Mike Robinson
1SG Mike Robinson
3 y
COL Ainslie, I agree with you. When I was a 1SG, my commander and I required health and welfare checks by out PSG and LT's on our solders living off post. I agree, it's up to the solider if they let you in. Soldier's also need to know the COC is their to help if they need it.
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SP6 Richard Kellar
SP6 Richard Kellar
3 y
Given your current military woke protocol it shows wisdom denying. However you may be scrutinized unfairly unless there are signs you are woke. Be careful like your on point. I would make a large wager regarding their ultimate interest.
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A1C Medrick "Rick" DeVaney
A1C Medrick "Rick" DeVaney
3 y
SFC (Verify To See).....
Living In a Predominantly USAF Neighborhood, The Inspections Don't Amount To Much More Than A General Inspection Of Your Residence Conditions, Your Shrubbery And Lawns Appearance. Simply Insuring Everything's Is Up To Code & Not A Hazard To Anyone's Health.
As You Stated Though...:
"command isn’t allowed to enter your off post residence without your invitation"
SURE, Go Ahead And Refuse Them Entry To Make An Inspection. BRILLIANT Move.
I'm Certain They'll Understand. LOL..... Uh NOPE!
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MSG Intermediate Care Technician
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Off post housing is not under the jurisdiction of the military, last I knew anyway. I do not believe that the Army has legal capabilities of inspecting off post housing. On post....some bad stuff had to have happened for on post housing getting inspected as I have never heard of that before. I recommend you speak with JAG on this.
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SSG Darrell Peters
SSG Darrell Peters
3 y
PO3 Pamala McBrayer - The word is Probable Cause and the standard for Probable cause is high. The Military Police can only enter your property if they have Probable cause that a crime is in progress or they have a warrant. Meare suspicion is not enough to gain entry.
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MSgt Gilbert Jones
MSgt Gilbert Jones
3 y
PO3 Pamala McBrayer - As a First Sgt, I had been called out to a house off base by the city police when there was a problem. Normally when I arrived the police would normally turn things over to me - that is as long as no one was hurt, threatened, or a weapon involved. I did get called out once and the airman had a rifle, and a container of bullets. The police officers told me they were leaving, I asked them did they think my diamonds made me bullet proof, they just smiled. My troops thought First Sgt's were paid combat pay.
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MSgt Rafael Cortes
MSgt Rafael Cortes
3 y
MSgt Gilbert Jones - hell from dirty things First Sgt have to deal with they should get it. I'd rather go into combat than deal with those issues.
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CW5 Edward "Tate" Jones Jr.
CW5 Edward "Tate" Jones Jr.
3 y
unless it contracted housing.
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SFC Christopher Perry
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I found this one a little amusing. Not amused that you asked the question. More at the thought of my chain of command assuming they could inspect my home. Would have been amusing enough on post. But we owned the home we lived in off post.

I would have actually kind of enjoy watching this one. Show up at my house and I would feel inclined to just stand back and watch. My wife makes me look nice at times. She knew she wasn’t in control of a whole lot when we went back in. It would be so much fun to watch someone step into the one place she felt she still had some control, and act like they are in charge.
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MSgt Brian Williams
MSgt Brian Williams
3 y
CINCHOUSE. I wish someone would have tried. My wife is from the Bronx so good luck with that.
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Capt Robert Vincelette
Capt Robert Vincelette
3 y
I never encountered anyone who would disrespect the privacy of off base residence when I served a long time ago. But if there were an abusive landlord we would get help for the victim through the legal services available to service personnel to get a landlord into trouble with the proper civilian authorities and support our people.
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Capt Robert Vincelette
Capt Robert Vincelette
3 y
Unlike in the military, I quit my last job teaching as a math professor because I had a supervisor/department chair demanding I do personnel errands for him as a condition for contract renewal. He wanted me to get rid of my house because he considered its futuristic architectural style unbecoming of the professional image of a college professor. I miss how if he were in the military he would get court marshaled.
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Capt Mark Miller
Capt Mark Miller
3 y
Capt Robert Vincelette - My experience was similar. Overseas in Okinawa. we were as Security Police called for Off Base Incidents at times, often handling things unless the Japanese Police showed up. Responded to a medical emergency out of the Navy Side Gate and beat the Medics and Japanese officials to the location. I tired as a young Captain to give an active-duty female CPR but soon realized although she felt warm, she had been dead for a while. Turnes out the mink blanket kept the body heat in. Husband was a dirtbag who had been kicked out of the USAF, they had smoked some dope and smacked her around which when she went to sleep, she never woke up. Japanese authorities did not try to prosecute the now 'civilian' just deported him with his dead wife's Military Life Insurance. I hope Karma caught up with that a-hole.
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My chain of command just announced that they're going to inspect on and off-post housing. What are they allow to inspect?
TSgt Senior Cyberwarfare Capabilities Instructor/Integrator
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The phrase "Get a warrant" comes to mind. Because these quarters more often than not are occupied by civilians (even on base), this would be a violation of search and seizure protections guaranteed under the 4th Amendment.
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A1C Medrick "Rick" DeVaney
A1C Medrick "Rick" DeVaney
3 y
It's FEDERAL Government Property, State Laws Have No Authority
Only Subject To Our UCMJ, MILITARY Laws
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A1C Medrick "Rick" DeVaney
A1C Medrick "Rick" DeVaney
3 y
...............It's FEDERAL Government Property, State Laws Have No Authority
Only Subject To Our UCMJ, MILITARY Laws, But Cooperation Between The Two Is Not Unusual......
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GySgt Kenneth Pepper
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I'm sorry, but I have never heard of off-post housing being subject to inspection.
What I am about to say is prefaced by the fact that this question came from a SNCO, not some 18 month SPC looking for a way to circumvent his CoC.....
Unless you provide permission, no one in your CoC has the authority to enter your private domicile. I'm sure a lawyer will tell you the same. Your spouse and children are not subject to military law. They certainly have a right to privacy.
I must ask; did something happen in your command that spurred such a drastic action? I was in a unit that had a huge drug bust back in the early 90s and because of it a bunch of people who didn't do anything wrong got their rights shit on. Is that the case here?
Bottom line, you are going to have to choose whether or not you allow this to happen. Much like a vampire, they need permission to enter. Once they have it, your life and the life of your family is open to all kinds of scrutiny. Choose wisely.
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SFC Recruiting and Retention NCO (ANG)
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A1C Medrick "Rick" DeVaney perhaps laws have changed in the last 2/3 of a century?
Maybe not....might have been super illegal then, too
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SSG Investigator
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A1C Medrick "Rick" DeVaney They absolutely can not enter off post housing. They can ask to come in but you, your spouse, or whoever else lives with you can tell them they can't enter.
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SSgt Forensic Meteorological Consultant
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A1C Medrick "Rick" DeVaney - Our unit was never tasked inspected except for our unit commander and he seldom did.
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A1C Medrick "Rick" DeVaney
A1C Medrick "Rick" DeVaney
3 y
SFC (Join to see) - ,,,
I'd Think Many Things & Rules Have Changed Over The Past 60 Years Since I Was In The USAF, No Doubt; But It Seems As Though The Commands Have Lost/Are Losing, Command Of Their Organizations. The Troops Have So Many "Rights", How Does Command Get Anything Accomplished.?
HOLY CHIT !!.....During My Days, Unless We Were Sure The Order Was Illegal & Detrimental, We Did As We Were Told....
When In a Combat Situation, There's No Time To Hold A Meeting & Vote On The Situational Decisions...
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COL Health Services Plans, Ops, Intelligence, Security,Training
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As a former commander, I never considered entering off-post housing as an option. I may have authority over the soldier but not his/her family. Since the housing is off-post, it falls under civilian jurisdiction. If I have reason to believe (through police reports and other reports) that the living conditions are unhealthy or unsafe, then I engage civilian authorities in the matter and/or have the soldier temporarily live in the barracks until the situation is resolved. I have the authority to inspect buildings occupied by my soldiers and no more.

But I know this because I started my career as an enlisted soldier and this was taught at the NCO Academy. NCOs are responsible for their troopers. As much as I wanted to ensure their health and welfare, my authority was limited, as it was when I became an officer. If my 1SG or CSM came to me with concerns about the living situation of a soldier, who lives off-post, I directed that NCOs handle this with the soldier not with an order to visit off-post housing. The PSG or Squad Leader should be aware of how the soldier is getting along at home. If they have concerns, then we talk to the soldier and determine the problem. But there is no legal or practical reason for me to go to off-post housing looking for problems.

Finally, unless someone with legal authority (warrant) is seeking to enter your house, you never give permission. If they end up at your front door, demanding entrance, you step outside and shut the door behind you. Your duty is to the Constitution and as such, knowing your rights is just as important as defending them. Hopefully, the Army and the country hasn't changed so much that this has been lost.
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Sherra Scott
Sherra Scott
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"Your duty is to the Constitution and as such, knowing your rights is just as important as defending them." <- This person gets it.
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MSgt Rafael Cortes
MSgt Rafael Cortes
3 y
thank you for the clarfication
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COL Victor Hagan
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No. You are no required to allow a member of your chain of command to enter your off-post residence. Although I do recall making these visits to my junior enlisted Soldiers homes when I was a 2LT stationed in Germany 30+ years ago. Having just graduated from college I thought it was a waste of my time and a violation of the Soldier's privacy until I saw some of the conditions a few of them were living with their families. The good news is we were able to get a few emergency housing and landlords to make necessary repairs. So don't necessarily look at it as a negative. Many of your senior NCOs have all kinds of stuff in their garages and storage units that they might donate if they only knew you needed it.
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SSG (Other / Not listed)
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One of your responsibilities as a leader is to look out for your people's welfare. Their home life has a huge effect on their performance and their family's well being. I was taught how to do everything in the military, from brushing my teeth, to lacing my boots, to taking a shower. We expect our people to know how to manage a spouse, kids, and house on their own.

Like the COL, I've seen some horror stories, and I've found it is vital to get in and see your subordinates homes from time to time. There's a non-creepy friendly way of doing this, and then there's the Army way, where they call it an inspection.

What I would do is tell them that I was bringing a meal by for them, and let them know ahead of time. This worked particularly well when they were sick. That would, at the very least, let me get a peek in their front door, and usually got me invited in. It took care of my people, built relationships with them, and hopefully made their spouse hate the military just a little less.
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LTJG Kevin Matthews
LTJG Kevin Matthews
3 y
SSG, you and the COL have the right mindset here. "Inspection" has a negative connotation to it. More often than not it's to find what's "wrong" and "gig" someone for it. A concerned chain of command will want to know their people are living in decent and adequate housing. They will want to know there's hot water and electricity. They will want to know the kiddos are able to sleep at night without cockroaches crawling all over them. Some folks come from desperate situations and figure they'll just "make do" because it's better than what they left back on the block. Some people get into bad situations and their pride keeps them from asking for help. A quick 5-10 minute visit in a non-confrontational way will let the servicemember know the chain cares about their well-being. If such a visit raises hackles, there are deeper problems within the chain that need to be addressed.
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SSgt Liz Phalen
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No, they do not have jurisdiction to demand entry to your off base residence. Even CID, NCIS, or AFOSI would need either a warrant or exigent circumstances to enter your off post residence without your consent
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SGT Career Counselor
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Negative off base they can not. On base they have to have permission from your spouse. Unless there is an immediate threat or health and wellness going on for the kids or adults living in the house.
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Cpl Vic Burk
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On base they may have the authority to inspect your living quarters since by being on a military base you authorize search any time. Off base housing not owned by the government, I think not! Unless they secure a search warrant I seriously doubt they have the authority to enter your place of residence unless you say they can. You might want to go talk to a legal beagle (military lawyer so you don't have to pay for it) and let them answer the question, legally. I think someone is overstepping their boundaries here.
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SGT Air Defense Radar Repairer
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Off post is out of bounds
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SGT Bryon Sergent
SGT Bryon Sergent
>1 y
Depends if it DoD contracted housing. If it is they don't need a warrant because of the DoD. They would have to go through civil and Military to secure a warrant. Will be pretty easy consider the 2 police agencies work close together. Now with that being said if it isn't contracted they can pitch a fit if they want and give you all kinds of hell but they do not have the authority to search/inspect a private residence off post. Now then again if the property is owned by the Post then that is a horse of a different color.
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CW2 Amd Tech
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3 y
All on post housing is privately contracted, you sign a lease on who is able to enter your dwelling with out permission. On post or off post a warrant is needed. Legal can't authorize entry to a on post housing, neither can anyone in your chain of command.
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COL Health Services Plans, Ops, Intelligence, Security,Training
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SGT Bryon Sergent - 'Securing a warrant' requires an affidavit claiming criminal activity or potential for harm (to self or others). A commander can't just request one and get it.
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