Can The Army Inspect My House If I Live Offpost?

Yesterday a military spouse asked this question:

As you can see there were hundreds of responses but our lovely moderator Genia posted the following:

I then took it upon myself to see if I could locate the regulation and found the following:

Reference for these regulations will not be found in an AR, but in the manual for courts martial. Military Rule of Evidence 313-315 covers inspections and searches

As for off post housing, military commanders have no authority to authorize a search or inspection. See military rule of evidence number 315. It states explicitly who may authorize what searches. Competent military authority is limited to authorization of searches of military property. Civilian owned property located off of a military installation requires a civilian search warrant.

Official Regulation:

Rule 315. Probable cause searches
(a) General rule. Evidence obtained from searches
requiring probable cause conducted in accordance
with this rule is admissible at trial when relevant and
not otherwise inadmissible under these rules.
(b) Definitions. As used in these rules:
(1) Authorization to search. An “authorization to
search” is an express permission, written or oral,
issued by competent military authority to search a
person or an area for specified property or evidence
or for a specific person and to seize such property,
evidence, or person. It may contain an order directing
subordinate personnel to conduct a search in a
specified manner.
(2) Search warrant. A “search warrant” is an express
permission to search and seize issued by competent
civilian authority.
(c) Scope of authorization. A search authorization
may be issued under this rule for a search of:
(1) Persons. The person of anyone subject to military
law or the law of war wherever found;
( 2 ) M i l i t a r y p r o p e r t y . M i l i t a r y p r o p e r t y o f t h e
United States or of nonappropriated fund activities
of an armed force of the United States wherever
located;
(3) Persons and property within military control.
Persons or property situated on or in a military installation,
encampment, vessel, aircraft, vehicle, or any other location under military control, wherever
located;

You can read the regulation in full at  http://court-martial.com/Media/military-rules-evidence.pdf  under rules 313-315 pages 12-15.

I am sure there are different scenarios but these are the official regulations regardless.

For the record I am no lawyer and all information should be verified with the proper official and authority on the situation!

 

Comments

comments

Powered by Facebook Comments

3 comments

  1. Ashley

    Absolutely not. They have no right to enter your private residence. If this ever happened to us I would have my lawyer right there to inform them of that. People need to be informed and know their rights and be steam rolled by Big Army or USAF, etc. etc. Don’t be taken for a ride people.

  2. Megan

    I am currently having the same issue for the same reason with my husband and his command. We own out home, and like you said we have nothing to hide, however I feel this is completely wrong. I am at my wits end with this company and the mockery they are making of the army and it’s values. Never in my life have I seen such a lack of distrust and consideration for soldiers and their families. It’s also become a concern that if we refuse to allow them to invade our privacy, my husband fears that this may ruin his career and his chances of promotions or recognition in this Unit. I also know that those doing the inspections are only following the order given by their command and feel it is completely unfair to put an NCO in this position. I am honestly thinking of calling IG though I know my husband would not agree with my doing so.

Leave a Reply

Your email address will not be published.

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>