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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SFC Dennis Yancy
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They can not enter your off post home. Even though some troops need the be checked up on.
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SGT Signals Intelligence Analyst
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A few years back my chain of command announced they were going to inspect our houses off post. I informed them that they were not authorized to enter my house and that if they did my wife would call the police and have them arrested for criminal trespass (which she would have). They backed down.
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CSM Tim Bebus
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I dont think there intention is anymore then a health and welfare check. Sure as folks on here pointed out you can deny anyone you want entry into your home, but how do you think your chain of command would take that? I believe the purpose is just to make sure your doing OK.
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SSG Dennis Mendoza
SSG Dennis Mendoza
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CSM I totally understand, and the entire thing was worded wrong they told us inspection also I have no trust in my leadership. So, I'm very uncomfortable to allow any of them into my home, I have cameras in my home, and I can always pull it up if they like they can see through there. But when this happened, I was very comfortable with my PSG and PL
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
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The intention of the actions is to deprive any other person living there of their rights under the first amendment and doing so without a lawful basis for doing so.
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SSG James Lansberry
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Having been attached to AGI inspections, health and safety and building inspections in the military years ago, the only way your living on the economy housing could be entered is due to a complaint received by the inspecting department, weather it be by you or your landlord. And then the premise can only be entered with both parties present. And the complaint’s can be, for instance from the landlord, bad smell coming from the premises, high water usage, if the landlord pays the water every month. With residents, it can be almost anything that is complained about.
Somebody already said that most inspections are to
Insure the health and welfare of the troops that live both on base and on the economy.
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SGT Christopher Sigafoos
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Off Post housing does not fall under Military jurisdiction, so you are within your rights to decide that the only thing they can visually inspect is the front yard. If there is some form of evidence that the home is unsafe/unhealthy for the Soldier (whether the command has inspected the actual home or not) they can order the Soldier (i.e. you) to live in the barracks. If that happens, the Soldier does still receive BAH/BAS for their dependents. Good commands that do such will also have the soldier verify that the family is receiving the funds to pay rent and purchase food.
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CSM Colin Patterson
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They cannot, it's not authorized, don't have authority to. They cannot inspect onpost housing if it's contract housing. Therefore off post falls in the same category.
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Sgt Dale Briggs
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Your off post, your house, they have no say or authority.
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SPC Carmen Ramirez
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They cannot go to your house off post to inspect it without a warrant. ALSO, the military police have no jurisdiction off post. You cannot inspect a home off post as an NCO officer under any circumstances PERIOD. If this has been happening to you, you have a good case and can sue. It violates your rights under the 4th amendment; 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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PO1 Todd B.
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For on base, I don't know the current rules/regs but OFF base, they CANNOT ENTER YOUR HOME WITHOUT A WARRANT. PERIOD.
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I would REFUSE to let them in, either on-base or off-post housing. If they distrust people so as to intrude on their families home, something is terribly wrong with your chain of command.

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