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.
Chain of Command
Housing
Inspections
Posted 5 y ago
Responses: 197
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Not sure, but if this is government housing you live in and you receive money to rent or military pays for your housing, it's quite possible inspections are authorized. When I was active not many fellows soldiers lived off base.
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Generally off post housing cannot be inspected or searched in CONUS unless a warrant or probable cause for an exigent entry exists. There are exceptions, however. In a nutshell, in CONUS it depends on the lease, overseas on the SOFA and the lease as well (see Military Rule of Evidence 315(c)(3), 315(c)(4), 311). If the Service leases your off post housing, it can be considered an extension of government quarters and is as such subject to inspection or search, provided the inspection/search is reasonable under the conditions (Donnelly v. United States - United States v. Reppert). When reaching the courts, elements like the government rather than the individual leasing the property, language in the lease stipulating the right of the service to conduct inspections; government owned furniture, furnishings, appliances, etc. present in or at the location; any contractual liability for the government arising from the occupation of the location; the degree, timeliness, and frequency of inspection notices; along with the reasonableness of the inspection or search in terms of military discipline or order, are deciding factors in how far a Commander can go.
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You may want to check with your local JAG. In ancient times, early 70s, it was allowed, especially during IG inspections.
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1stSgt Nelson Kerr
Even when we were serving in the 70s it was a violation of law and Regs, it is just that nobody enforced them. The 4th Amendment has been around for far longer that evenold farts like us.
Some rules get ignored, I remember a base Commander in Korea who decide he had some say about whether troops married locals, when Congress specifically took that power away , after many abuses, in 1966.
Some rules get ignored, I remember a base Commander in Korea who decide he had some say about whether troops married locals, when Congress specifically took that power away , after many abuses, in 1966.
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If you live on post as I understand it yes your quarters can be inspected and or searched at any time. If you live off post they can not inspect your quarters however remember they can make you move on post but they can not make your family move.
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SSG Dennis Mendoza
No I know that just was asking, they were slick about it they literally came to the house and said oh can you invite us in oh thank you for inviting us in to your home, they were really slick
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SSG Watis Ekthuvapranee
Go up the chain of command and complain, open-door policy. The IG is the only one left if not the chain of command. The IG is where any soldiers can file a legal complain in according to the Army's law. However, the people that have any kind of authority at all on base is the Garrison Command for that base. They own and have the authority over on base housing. However, if it leases out to private company for management, then that company has the authority over that housing.
I used to work for Garrison Command. I was drafted, actually, by the CSM. So, I know a little bit about housing stuff.
Another way is to call a cop on them and refuse to let them in to your house doesn't matter whether on or off-base because your family are not in the military. They have every write in according to the State's law. If your family refuses to allow them to come in, chain of command cannot do anything without court order with probable cause. Meaning they have to have a warrant to do so. Your chain of command should back down because your family can pursue a legal matter in accord of States law.
I used to work for Garrison Command. I was drafted, actually, by the CSM. So, I know a little bit about housing stuff.
Another way is to call a cop on them and refuse to let them in to your house doesn't matter whether on or off-base because your family are not in the military. They have every write in according to the State's law. If your family refuses to allow them to come in, chain of command cannot do anything without court order with probable cause. Meaning they have to have a warrant to do so. Your chain of command should back down because your family can pursue a legal matter in accord of States law.
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1stSgt Nelson Kerr
SSG Dennis Mendoza - Go higher after stopping at the JAGs office, A letter to your congress critter might be necessary.
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1stSgt Nelson Kerr
SSG Dennis Mendoza - one secret is top contract the IG in writing and openly CC your Congress critter.
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The chain of command is not coming out to inspect your on/off post housing like you do to inspect the Soldiers' rooms in the barracks. They come by your home to check if you live at the residence, if you have running water and electricity at your residence and that Uncle Sam's BHA is covering your rent and utilities. Basically the chain of command wants to ensure that the BHA is more than sufficient for quality of life.
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Here is an article you might want to refer to but I would encourage you to speak with your local JAG or IG as well.
http://asktop.net/q-and-a/can-i-inspect-a-soldiers-quarters-or-off-post-housing-for-health-and-welfare/?all=1
Also consider the following YouTube Channel: Mentor Military https://www.youtube.com/channel/UCj0IXu7SmA2wLoPrNAUfSZA
http://asktop.net/q-and-a/can-i-inspect-a-soldiers-quarters-or-off-post-housing-for-health-and-welfare/?all=1
Also consider the following YouTube Channel: Mentor Military https://www.youtube.com/channel/UCj0IXu7SmA2wLoPrNAUfSZA
can-i-inspect-a-soldiers-quarters-or-off-post-housing-for-health-and-welfare
I would caution about giving the impression that the command can "at will" inspect a Soldiers on or off post housing. The command must have permission of the
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