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
Yes, The bill of rights. Some ppl think that just because they are in the military, every inch of their lives is open for the chain of command. If it's on post, then yes. Off post, definitely NOT. If you are looking for case law, go to the on-post library and look up military case law that refers to off post housing inspections.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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This isn’t a naive question when in reality is a great question. The truth is simple anyone with in your chain of command isn’t allow to enter your housing without your Permission. If you refused to allow them yes they can ask housing authority to schedule One and they both can walk through. See housing since they have updated their policy for housing, they shut provide you with a book with the do & don’t ok. Airborne!!
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CSM Colin Patterson
They cannot ask the private contractor to enter your home. You can sue that contractor for allowing your chain of command into your home. The only person can enter your privately contracted home on a base or off based housing is CID and Military police with a search warrant.
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They may take a peek or they may tell you not to worry. They are not trying to disrupt you. They are looking to make sure that you and your family are living good quarters. Civilians who want to work with the Government and rent their properties to military personnel have rules and regulations to follow to make sure your living in a good set of quarters.
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Suspended Profile
No longer on active duty...but having commanded two companies, I would never have considered "inspecting" my Soldiers residences, less barracks inspections OR mobile home park trailers which had a history of fires, etc. If I lived off-post - no way I would ever allow anyone to "inspect" my home, which my wife kept in a meticulous manner.
When I lived on post, we were told up front that our quarters could be inspected by our CoC if there was complaints about living conditions. That was the case for any government owned housing. Section 8 housing falls under those same guidelines. Off post housing is different. Some installations have contracts with private landlords who rent to military. In the rental contract it is agreed that your CoC or military housing could inspect your house with proper notice. If you own the house you live in, then you don’t have to let anyone in without a court order. I know some commands who visit their soldiers residence to see if the spouses and dependents are in need of anything or to address concerns over a long deployment that the soldier is about to go on.
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1stSgt Nelson Kerr
Whomever told you it applied to Section 8 housing either lied to you of is clueless. Folks usingSection 8 have the same rights as anyone else
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SFC David Pope, MBA
1stSgt Nelson Kerr - My brother owned a house that was rented under section 8. The case worker for the family that stayed there would schedule inspections to insure there were no extra people living in the house including the woman's boyfriend. When they enroll in Section 8 they agree to those terms. All the information was lined out in the contracts that they gave my brother. I read those documents before my brother agreed to them as a landlord. It also outlined items he was responsible for as the landlord. It wasn't a matter of someone telling me this, it was a matter of me reading the section 8 housing rules from the government. Section 8 housing rent is offset by the government, and the government sets the rates that will be paid to the homeowners.
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SFC David Pope, MBA
1stSgt Nelson Kerr - Section 8 is a government program. I was only using it as an example of government housing. Military personnel are not eligible for Section 8 housing when I was in the military. I don't know what the requirements are now. In 1988-1992 when I was in the 25th ID, if you lived on post, you were subject to inspection by your command or post housing. That has changed since then, but it was very real back then.
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They can not come to your off-post housing. if they do they can only and only see from the living room period. I will try and find the regulation, I used to live off base too while in active and no way was I going to allow them to come in but, you are supposed to but no further than the living room and what they can eye from there only. IF your spouse says they got to go then "THEY GOT TO GO!!!". now the coc can threaten you with "well we can put you in a barracks room if you wanna play that game". they have no business in your home unless they have pause to, due to complaints or other reasons, but if they are doing it for s and giggles then make sure you get the regs. EITHER WAY, THEY WILL PULL RANK AND THEY WILL MAKE SURE TO LET YOU KNOW WHO HAS THE RANK AND WHO DOESN'T. I had nothing to hide, at the same time if you have a blue falcon that is making life miserable and causing all this then your coc needs to hemm him up and not blanket punish like they love to do.
living room only but if your place is a mess then your butt is going back to the barracks.
living room only but if your place is a mess then your butt is going back to the barracks.
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Big deal1 I have always obeyed lawful orders. It is designed that soldiers don't always relate to problems at their place of residence. Bad landlords, unfit living conditions, etc
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They are just making sure everything is ok with you and your family living situation. There is some funny business going on with the landlords who are managing these apartment complexes. If you don't have anything to hide then there shouldn't be an issue.
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Inspecting off-post housing might be seen as an infringement on the Constitution guaranteeing our rights to be free from unreasonable search, or searches without judicial consent. Seems to me this invasion of what is categorized by the courts as falling under the castle doctrine definition might be the actions of an overzealous command structure. I personally wouldn't go down this path without a civil judge buying in based on evidence of some demonstrated wrongdoing by the military family member, not a suspicion
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CSM Colin Patterson
Military has no authority off base they cannot inspect on post contract housing. Therefore off post housing would be totally off limits.
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