UCMJ and searching Off-post residence

[Rngrbird]

What is the name of your state? NOW residing in TX, Does anyone know of exact UCMJ quotes, etc. that protects a soldier from illegal searches of his off-post residence?

 

[fozzy2]

The Fourth Amendment of the U.S. Constitution would seem to apply. Seriously, giving a few more details about the search would probably help. There is no one single "everything you wanted to know about searches" section of the UCMJ or MCM. You say the search was "off-post." Was it a government owned property? Did anyone consent to the search? How did the government justify the search? Was there a warrant? etc. etc. etc.

If the search was illegal then the suppression doctrine would probably be applicable, but it is probably the illegality of the search you are wondering about and not the remedies for an illegal search.

 

[WANTED1]

A few details would definitely be more helpful. For example, was this a Health and Welfare inspection being conducted by your command, or was this in relationship to something else?

 

[xylene]

You have way too many assertions in your question.

Do mean that the search was ruled by the COURT as illegal?

Or do you mean that you did non consent?

What do you mean?

 

[Rngrbird]

Reply/More info on search of "Off-Post Private Residence"

1st of all - I was an E-7(P) Active Duty Special Forces Soldier with 7th Special Forces Group (Airborne) Fort Bragg, NC - with TS/SCI Security Clearance. The search was done on MY "Off-Post" Non-Military private residence in Hope Mills, NC. I am the 'only' person who lived there and did NOT grant "permission" for any search, as I was gone to church at the time and had no knowledge my residence was being ransacked. I was going through a bitter divorce at the time; "EX-WIFE" was restrained from any communications with my chain of command, and all rights + privileges in reference to the residence (no trespass order) had been placed upon her by Cumberland County Judge. My chain of command denied going on my property and into my residence. Yet, I had Cumberland County Sheriff's Dept. Crime Scene Investigator and dusted for prints and came up with my chain of commands' prints. WHEN I blew the whistle, to MPI, SOCOM IG, and XVIIIth Abn Corp Commander/Commander of Fort Bragg, NC = I was Involuntarily Discharged with an Honorable Discharge... within one month.
Actually, there are NO assertions here! This should clarify for all.

 

[fozzy2]

Well, if "they" did indeed search your house then their denying the fact is pretty good evidence in itself that the search was illegal. However, there is at least a remote possibility that the military authorities had a "sneak and peek" warrant, which would mean that you are under investigation for some serious stuff.

Did the local police consider pressing any charges? You may want to ask them why not. Are there any other possible explanations for the fingerprints being found in your house?

 

[SHORTY LONG]

And let us not forget the "Patriot Act;" and how long ago did this happen?

 

[bobjones]

Rngrbird...turn on your PM's. Have something which might help.

 

[Rngrbird]

PM's Are Turned On !!

bobjones, and ANY others:
I turned my PM's on, yet have not received any messages. I finally did get a phone call from Hope Mills, NC Police Detective who directed me to provide him some information. I must find his name and provide that info to him; then I understand that formal civilian charges will be brought against the Cpt, 1Lt, and 1SG of 7th SFG(A). When I made the formal complaints and filed "military" charges at Fort Bragg, NC to: - MPI, SOCOM IG, AND XVIIIth Airborne Corp Commander I was quickly ushered out of the Army. Still Need help here guys, somebody has to have some knowledge of UCMJ and from what I "understand" my chain of command violated - to the tune of Felony Breaking and Entering and Felony Larceny.
Thanks all..... I anxiously await guidance.

 

[Rngrbird]

Date of violation

SHORTY LONG,
This incident happened on March 9, 2002 at my "Non" Military housing / Off-Post, and Not within any jurisdiction of DOD 'period'...

 

[Rngrbird]

ref. too many assertions - xylene

xylene,
Ok, so you say I have too many assertions, please explain yourself.

I do NOT reference the COURT at all, and my past "school-trained" 95BV5; as a Military Policeman/Military Police Investigator = told me that "No entity of the DOD has any right to enter into any member of DOD's Non Military and Off-Post Residence, i.e my private residence - no connection to the military (? Am I being clear here ?)

What I mean is that I had no knowledge, and was NOT told or informed that my chain of command was going to search my Off-Post Residence.

I hope this clears up my "too many assertions".

Sorry, no sarcasm here, just trying to lay out the facts, and get some real help and direction here************** Thanks..

 

[Rngrbird]

Wanted1 - reply to questions

A few details would definitely be more helpful. For example, was this a Health and Welfare inspection being conducted by your command, or was this in relationship to something else?

This was "NOT" a Health and Welfare inspection. "Period" the Military, i.e. my chain of command had no right to even step foot on my property, further more - NOT to enter my home.

I was going through a divorce with an adulterous "now" ex wife. She and her attorney were both restrained by court order not to communicate with my chain of command, additionally to return all sets of keys to the "Former Marital Residence". My ex was directed that she had no rights or privileges in reference to my residence, ... IN plain words "UNCLE" was wrong....

I'm pushing this entire issue with a TX congressman, yet it would be nice to get some assistance (knowledge wise) prior to submitting my signed approval for the congressman to force the military to open-up and additionally view my Military records...

Thanks much...

 

[Rngrbird]

fozzy2

Well, if "they" did indeed search your house then their denying the fact is pretty good evidence in itself that the search was illegal. However, there is at least a remote possibility that the military authorities had a "sneak and peek" warrant, which would mean that you are under investigation for some serious stuff.

Did the local police consider pressing any charges? You may want to ask them why not. Are there any other possible explanations for the fingerprints being found in your house?

--- NOT even the slightest chance of a "sneak and peek" warrant.... I had a TS/SCI clearance and I stayed clean and honest totally to UNCLE.

No formal charges by local civilian police, yet that is coming..

NO possibilities for fingerprints found "in" or "about" my house. My ex had done some $11,000.00 worth of damages to a new home, and I had the entire house "Professionally" painted !!!, So you see, No possible explanations - as I lived there alone... and secured it prior to any departure.

 

[fozzy2]

There are a large number of factual issues to resolve. First of all, precisely who entered your house and why? If someone from the military did, were they acting "under color of authority" or for some military purpose? Or were they just friends of your (soon to be ex) wife? If your wife asked someone to help gather her things, or search for something, they might not necessarily have known that she did not have legal authority to enter the premises. In other words, if she just asked a couple of guys to help her move or whatever, and had a key (even if she wasn't supposed to), then they probably did not commit any crime - though she may have. A more "gray area" would be if she told your chain of command that you had, say, stolen military property in the house and once again she consented to the search even though she didn't have legal authority. In that case the military members would probably have been acting in "good faith" and not liable. If it was a presumed consent search there would probably be no warrant nor official notification needed.

There are sometimes cases where the military gets pulled into the middle of domestic fights. If your wife misrepresented (i.e. lied) to the military about her authority to authorize the search of a residence, then the military may just be stonewalling and hoping the whole issue goes away. For all you know right now, she may have reported that she "thought she saw papers marked 'SECRET'" on your desk one night, or that you were selling body armor on E-Bay or trading in kiddie porn. If she told the military they could search the residence (once again, she is lying here) then they almost certainly would. There is probably nothing illegal done by the military (providing the search was done in "good faith"), though your wife could have opened herself up to a mess of trouble.

Which actually leads to another question: Do you have any idea what they were searching for? They didn't seize anything?

 

[bobjones]

rngrbird

...pm sent