UCMJ and searching Off-post residence

[TigerD]

If you got BAH pay - they got a right to enter.

DC

And given your job field and access to secure information and materials, they have plenty of other additional cause as well.

 

[Shay-Pari'e]

If you got BAH pay - they got a right to enter.

DC

And given your job field and access to secure information and materials, they have plenty of other additional cause as well.

Exactly!************************************************************************************......

 

[fozzy2]

"If you got BAH pay - they got a right to enter.

DC

And given your job field and access to secure information and materials, they have plenty of other additional cause as well."


I'd be interested in seeing a citation for authority to search based on either receiving BAH or on access to classified information. I'm not aware of any exceptions to the laws regarding searches in either case.

 

[Shay-Pari'e]

"If you got BAH pay - they got a right to enter.

DC

And given your job field and access to secure information and materials, they have plenty of other additional cause as well."


I'd be interested in seeing a citation for authority to search based on either receiving BAH or on access to classified information. I'm not aware of any exceptions to the laws regarding searches in either case.

Look it up Fozzy, you will find it.

 

[ElvisG]

My chain-of-command did some stuff that was on the boundaries of illegal within my last month of service. The lesson I learned is to let it go and don't look back. Remember, the government, especially the military, will have the upper hand if it comes to you picking a fight with them.

 

[badapple40]

Look it up Fozzy, you will find it.

I have looked it up in the past. We (the command) need a warrant or consent to enter. Why don't you show us authority to the contrary?

The command can enter an offbase residence with the consent of the military member. Otherwise we need a warrant. Of course, we can always order that member back on base if the member refuses to give consent. And the refusal to give consent, coupled with some other evidence of wrongdoing can be the basis for a warrant.

And guess what, that warrant isn't from the military magistrate. We have to go to the civilians to get a warrant to search an off-post residence.

I'm making the assumption that the off-post residence is not military-owned property.

 

[Shay-Pari'e]

I have looked it up in the past. We (the command) need a warrant or consent to enter. Why don't you show us authority to the contrary?

The command can enter an offbase residence with the consent of the military member. Otherwise we need a warrant. Of course, we can always order that member back on base if the member refuses to give consent. And the refusal to give consent, coupled with some other evidence of wrongdoing can be the basis for a warrant.

And guess what, that warrant isn't from the military magistrate. We have to go to the civilians to get a warrant to search an off-post residence.

I'm making the assumption that the off-post residence is not military-owned property.

It's been years since hubby was in, so I could very well be wrong. I do know there are alot of of post military owned homes now, so that could be the reason. Sorry if I was wrong, you certainly know more about this than I do.

 

[TigerD]

I have looked it up in the past. We (the command) need a warrant or consent to enter. Why don't you show us authority to the contrary?

The command can enter an offbase residence with the consent of the military member. Otherwise we need a warrant. Of course, we can always order that member back on base if the member refuses to give consent. And the refusal to give consent, coupled with some other evidence of wrongdoing can be the basis for a warrant.

And guess what, that warrant isn't from the military magistrate. We have to go to the civilians to get a warrant to search an off-post residence.

I'm making the assumption that the off-post residence is not military-owned property.

I'll cede to your knowledge -- but it never stopped my chain of command in 3 ACR. There were several visits to off-post homes. I had a man I went to bat for -- turned out to be a coke head.

DC

 

[bobjones]

If you got BAH pay - they got a right to enter.

DC

And given your job field and access to secure information and materials, they have plenty of other additional cause as well.

It seems as though you are speaking in a realm you know very little about. If a military member gets BAH they (one can assume you are talking about the COC) have the right to enter? Never heard of this....Feel free to site information. I will be standing by to read said info.

Again your last sentence was full of fluff. IF rngrbird was caught bringing home sensitive information they would STILL need a warrant to search his home. I'm not saying it does not happen (and I do not know him personally) but anyone who does his line of work and has accomplished what he said he accomplished you don't just throw it away by taking home classified information to use as bathroom reading material. Additionally (again not impossible) it would be rather tough to "sneak" any type of TS info. out of any meeting/breifing room.

bob jones