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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CDR William Kempner
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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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Brig Gen Joe C
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Edited 3 y ago
On post...government owned housing. Though it should never be done, yes they legally can.
Off post...I have never heard of this and see no way this is legal.
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Not only no, but hell no.
SFC Eric Stoneburner
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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.
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TSgt Vincent Chenevert
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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
TSgt Vincent Chenevert
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Sorry They cannot inspect off base housing, it would be trespassing if the government does not own the property.
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SSG Jason Clack
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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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SSgt Mathew Cummings
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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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SGT(P) Recruiter
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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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SSG Glenn Barker
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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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1SG Danny Vorreyer
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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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