Health and Welfare inspections

[BrianSayler]

I know that the topic of health and welfare inspections has been addressed in this forum before...but I have a new twist to add!

I am a civilian, not in the military...but living and working on a US military base in Iraq. I work for a private company, not the US government, but our housing is provided by the military. The housing area contains a mixture of military personnel, government civilians, and civilian contractors (like me).

yesterday morning we had a "health and welfare" inspection. It wasn't like the ones I used to have when I was in the army. This one was conducted by military police (at the invitation of the command, I can only assume), who cordoned off the whole housing area and ordered everyone to leave their rooms (and the housing area itself). They had drug sniffing dogs and showed up with bags in hand, ready to remove contraband.

In my personal backpack (not military issued one), adult DVDs were found. Being X-rated, they are prohibited by a general order pertaining to Iraq and Kuwait. These DVDs were missing when I returned to my room.

Also missing was my personal computer (again, not government owned or issued). it was not located with the DVDs; it was a across the room on a desk, not powered on, with nothing on the screen. I can only assume they seized it with the intention of searching its contents, as computers themselves are not prohibited items.

I was not allowed to be present during the search of my room. I was not asked for, and did not give, consent to search my personal affects (backpack and computer). I was not told of the seizure, and 2 days later I still have not been formally told what was taken from the room or why. It was all carted off by the MPs in trash bags.

My question to you is this: can a commander simply invite law enforcement personnel to go on a warrantless, limitless fishing expedition for evidence of a crime or contraband and get away with calling it a "health and welfare"? This search wasn't conducted by the the command itself to see inquire as to our health and safety...it was done by law enforcement personnel at the invitation of the command for the express purpose of finding contraband.

Isn't there a reasonable expectation of privacy in a closed backpack and and a turned-off, folded up, personal laptop computer?

doesn't a civilian contractor have a greater expectation of privacy in those personal affects than would a military person?

Thanks in advance for any advice!What is the name of your state?

 

[SHORTY LONG]

I know that the topic of health and welfare inspections has been addressed in this forum before...but I have a new twist to add!

I am a civilian, not in the military...but living and working on a US military base in Iraq. I work for a private company, not the US government, but our housing is provided by the military. The housing area contains a mixture of military personnel, government civilians, and civilian contractors (like me).

yesterday morning we had a "health and welfare" inspection. It wasn't like the ones I used to have when I was in the army. This one was conducted by military police (at the invitation of the command, I can only assume), who cordoned off the whole housing area and ordered everyone to leave their rooms (and the housing area itself). They had drug sniffing dogs and showed up with bags in hand, ready to remove contraband.

In my personal backpack (not military issued one), adult DVDs were found. Being X-rated, they are prohibited by a general order pertaining to Iraq and Kuwait. These DVDs were missing when I returned to my room.

Also missing was my personal computer (again, not government owned or issued). it was not located with the DVDs; it was a across the room on a desk, not powered on, with nothing on the screen. I can only assume they seized it with the intention of searching its contents, as computers themselves are not prohibited items.

I was not allowed to be present during the search of my room. I was not asked for, and did not give, consent to search my personal affects (backpack and computer). I was not told of the seizure, and 2 days later I still have not been formally told what was taken from the room or why. It was all carted off by the MPs in trash bags.

My question to you is this: can a commander simply invite law enforcement personnel to go on a warrantless, limitless fishing expedition for evidence of a crime or contraband and get away with calling it a "health and welfare"? This search wasn't conducted by the the command itself to see inquire as to our health and safety...it was done by law enforcement personnel at the invitation of the command for the express purpose of finding contraband.

Isn't there a reasonable expectation of privacy in a closed backpack and and a turned-off, folded up, personal laptop computer?

doesn't a civilian contractor have a greater expectation of privacy in those personal affects than would a military person?

Thanks in advance for any advice!What is the name of your state?

If you have read your 'contract or work agreement' with the private company
you are working for, then, you most likely will find that the Government hired
them etc. Lastly, given that we are eradicating all evildoers who are trying
to kill us, and by this, the CO has that powwer and authority to order at
anytime such searches.

 

[fozzy2]

In theory, this could present several interesting issues if it ever went to trial. In reality, however, it is unlikely to go to trial and the short answer is : There isn't squat you can do about it.

Health and Welfare inspections are regulated but you fall under at least three situations that lead to vast loopholes: you are in a foreign nation and you are in a combat zone and you are a contractor. The good news - it is very unlikely that anyone is going to claim any kind of criminal jurisdiction over you. If someone hauled you into court and charged you with a crime you could make all sorts of arguments to exclude the evidence. But it is far more likely that any sanctions you face will be called 'administrative' and thus virtually without recourse. The worse the US government would ever do to you is probably put you on an airplane out of the country.

If the military won't tell you what is happening, simply report your computer as "stolen." It is gone and no one has claimed authority to take it, so go down and fill out a report. For all you know it really *has* been stolen and is in some MPs quarters showing your porn. Tell them that you are making an insurance claim, they will probably at least tell you where your computer is. (as in "We've got it. Get lost...").

On a strictily "military law" note, it is not certain that you are even covered by the UCMJ. In *theory* congress changed some statutory language in a manner that might be interpreted to include contractors in the field under UCMJ jurisdiction. It is a legal black hole, however. I recently asked a JAG General back from Iraq if the military has *ever* tried to charge a contractor with a crime in Iraq. The simple answer, "No." She said they have constant problems, but even if contractors are caught drug-smuggling, etc. the only thing the mililtary does is kick them out of the country. I asked if this would apply in cases like rape and murder. She tactfully replied "I'm not going to get into that." The military bottom line seems to be that someone else (the FBI/DOJ?) should be enforcing non-military people in Iraq. But there isn't anyone else...

 

[BrianSayler]

Oh, I'm not worried about being charged criminally...I know that won't happen. My fear is precisely the one you mention, the possibility of being put on a plane and kicked out of the country (i.e., losing my job) that concerns me.

the whole manner in which it was conducted smacks of an unrestricted law enforcement raid on a housing area, with a nominal invitation by the command to make it permissable as a "health and welfare inspection". Seriously...surrounding the housing area with a couple dozen MPs, ordering everyone out, "tossing" the rooms (i.e., ransacking them and leaving them a mess), confiscating property not even defined as contraband (such as a personal computer), drug sniffing dogs, etc. The MPs didn't merely assist in the search by sending a dog handler...they conducted the whole thing while the deputy commander stood by.

Like you said, though, if all they do is fire me and send me home I guess I have no recourse to argue it in any forum. By the time I find someone to hear me complain, I'll be long gone (and so will my job).

 

[SOLDIERFIRST]

Sorry, but

My question to you is this: can a commander simply invite law enforcement personnel to go on a warrantless, limitless fishing expedition for evidence of a crime or contraband and get away with calling it a "health and welfare"? This search wasn't conducted by the the command itself to see inquire as to our health and safety...it was done by law enforcement personnel at the invitation of the command for the express purpose of finding contraband.

Isn't there a reasonable expectation of privacy in a closed backpack and and a turned-off, folded up, personal laptop computer?

doesn't a civilian contractor have a greater expectation of privacy in those personal affects than would a military person?

Thanks in advance for any advice!What is the name of your state?[/QUOTE]

Read your contract with your employer or ask your employer to show you the contract agreement signed with DOD. I will state that all employees will follow all military rules and laws.

Let me ask you as question. If the FOB you are located at is attacked, would you expect JOE to protect and defend you? My state is TEXAS

The military does not need a warrant do conduct any searches or seizures. Feel for you, but think of all the money you are making.

v/r

Soldier First