military searches

[mikeyboston]

I have questions on searches. When and who is authorized to search someone's common area. Do they need reasonable suspicion. Are health and welfare inspections supposed to be announced? Is someone's living area in any barracks able to be searched by anyone at anytime unannounced?

[fozzy2]

Originally Posted by mikeyboston

I have questions on searches. When and who is authorized to search someone's common area. Do they need reasonable suspicion. Are health and welfare inspections supposed to be announced? Is someone's living area in any barracks able to be searched by anyone at anytime unannounced?

Common questions, the answers can get very complicated. Basically, however, you have "no expectation of privacy" in any "common areas within a command." You have a "reasonable expectation of privacy" in wall/foot lockers, sometimes desks, etc. As you might guess, having "no expectation of privacy" means that common areas can be "searched" on a whim and inspected whenever, by almost anyone.

Health and welfare inspections do not have to announced. According to most policies, they must be pre-planned, but they do not need to be disclosed to the people/areas being inspected. This is to prevent commanders from using a "snap" health and welfare inspection as a ruse to get around laws/regulations pertaining to searches. But the inspection does not have to be announced. ( I.E. the inspection might be scheduled ahead of time on some confidential command calender or via a letter in the COs records, but it may come as a surprise to those being inspected).

Generally, a search of an area where there is a "reasonable expectation of privacy" can only be authorized by the Commanding Officer with jurisdiction, and only in accordance with applicable laws. This is where you get into "probable cause" and such. A "search" is seeking specific items from specific people/places for law enforcement purposes. An "inspection" is to maintain standards/morale/etc., but generally "contraband" or other evidence found during a lawful inspection can be seized and used as evidence.

example: The chief thinks you look like a "druggie", and has your locked personal locker opened to rummage around your stuff. He finds some drugs.
This is a search, and unlawful. Not properly authorized and probably not probable cause in any event. The government probably can't use the drugs against you at trial.

The CO schedules a routine "personal drawer" inspection a week ahead of time. When that time arrives, the Chief orders everyone to empty their personal drawer onto the floor. Your bag of weed is exposed and the Chief sees it and seizes it and charges you. You are probably the proverbial toast.

Barracks have a "much diminished" expectation of privacy and the term "common area" can be stretched pretty widely. Thus, in barracks you don't have much privacy -- even though nowadays barracks are more physically structured like apartments, the legal protections have not changed much.