M mibound Member. Just trying to find the right answer. I tried looking over AR but I could not find anything. Here is my question: Does the CoC have any rights to do a health and welfare in my house that I own off post. Original Post. Searches conducted off military installations or in areas or buildings not under military control normally must be conducted by civilian authorities under the authority of a search warrant.
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M mibound Member. Just trying to find the right answer. I tried looking over AR but I could not find anything. Here is my question: Does the CoC have any rights to do a health and welfare in my house that I own off post. Original Post. Searches conducted off military installations or in areas or buildings not under military control normally must be conducted by civilian authorities under the authority of a search warrant. These searches may be conducted in the United States, its territories and possessions, and the Commonwealth of Puerto Rico.
Military personnel will not execute search warrants or assist civilian police during a search. However, military personnel, when directed by competent authority, may accompany civilian police in the execution of a search warrant. A commander may examine the whole or part of a unit, organization, installation, vessel, aircraft, or vehicle, including entrance and exit points. An inspection may not be used as a subterfuge for conducting a search.
Come to my house and get the door slammed in your face, whether you want to call it a search or a health and welfare. It doesn't matter. Bottom line, you don't have to let anyone in your house you don't want to, no matter their reason. If you got nothing to hide, why not allow your leadership to get to know you a little better? S sgtmac33 Member. Didn't we just have this conversation? I iluvlamp Member. Just gotta give whatever state-mandated notification period.
B bradmeister Member. Originally posted by Daddy Warcrimes: Didn't we just have this conversation? So, all the party that live in that house, and also present in the house of the time of the consensual search, HAS to agree with it Originally posted by erikwithak Come to my house and get the door slammed in your face, whether you want to call it a search or a health and welfare.
T thebarbarian Member. Yes we did, and I'll repeat what has been told to me by several 1SG's in the past: 1 The CoC must give 24 hr prior notice that they are coming to inspect. Even one saying no means they cannot come in. They are not allowed to inspect bedrooms or other private areas; and they cannot open any drawers or cupboards, only look at what might already be open. F fivepointnine Member. I would not go to any of my soldiers off post residents and no way would I allow anyone on my property,thats why I live 20 miles from post, to get away from that crap.
Call me a mindless robot if you want, but when approx. I told him I would like to come over tomorrow and inspect his house. Notice I did not say I will be coming over. He was hesitant at first, but said ok. Next day I went over, he invited me in, I looked in the kitchen as I walked past toward the living room. Clean, floor swept, no stack of dirty dishes in the sink.
Walked into the living room, it was clean and tidy, no stacks of dirty clothes or anything piled into corners or on furniture. I met his wife, introduced myself as her husband's Section Sergeant, welcomed her to the area Soldier was new to the Unit.
The three of us talked for a little bit, then I excused myself and left. Whole thing took about ten minutes. That, in my opinion, is how an off post inspection should go. If your house is not trashed, I'm going to spend about the same amount of time in it as I do in a Solder's barracks room doing their inspection.
I believe I have a right to know if my Soldier is living in a house that could be featured on "Hoarders". As for research, I did find this. W will25u Member. Originally posted by fivepointnine: I would not go to any of my soldiers off post residents and no way would I allow anyone on my property,thats why I live 20 miles from post, to get away from that crap. Bradmeister I just call it how I see it. It's cool when you are a PVT to say "this is what my Squad Leader told me" " this is what my PSG told me" but when you become an NCO, I'd like to think you could quote a regualtion or speak from experience first hand rather than say some 1SG's told me.
Therefore, mindless robot. If you'd like mindless NCO better, than ok. Like that's a high number. It's not that hard to count or remember four people And who the hell gave you the right to do a Health and Welfare? Off whose guidance? Let's just say you inspected one of your Soldier's homes. Originally posted by TransAm95NCO: not to be picky but your quote regulation does not answer the question, his question was if the chain of command can conduct a health and welfare on his home off post, your quote says that they cannot use be used to go around and do a shady search without a warrant This is the second discussion of this type in the last few weeks on here.
I finally have to say something. I agree with both sides; I enjoy my privacy and getting away from "work". But I am a member of the US Army which means something specific to all of us.
Everyone keeps throwing out legal this, warrant that, and things about privacy laws. Here is the law that everything the Army is based on derives from. Originally posted by MattU: quote:. I agree with you in that it's all in the delivery. If you want to base your argument on regs you don't know, I'm going to quote them to you all day long until you get it.
If you come to me and deal with me as a human being while in execution of your duties, we're going to have a much better working relationship. Barbarian I'll try to help with some of your confusion: quote:. It's not that hard to count or remember four people.
And who the hell gave you the right to do a Health and Welfare? Thanks for helping with my confused mind, sometimes it takes an 18 year Sergeant to square me away. It just amazes me when I ask who gave you the right to do a Health and Welfare and you say the Soldier? Not the Commander but the Soldier, what the hell is a new Soldier to the unit going to tell his first line supervisor?
I highly doubt you know the difference between an off post housing inspection and a class "A" inspection. Which is why you're calling it a Health and Welfare. It's kind of like in the Infantry and all across the Army we use Tactical Questioning instead of Interrogation because saying you did a Health and Welfare on someone's off post housing instead of saying one of my new Soldiers granted me permission to check out his place is huge. So, THANK YOU for squaring me away You just come off as soup You see generally only a Commander may order an inspection like this and generally it's only to his area of responsibility Generally you nor your Commander have the authority to conduct inspections to a Soldier's off post housing I'm just saying.
I DO expect for my leadership to look at me as a grown man who is old enough to be their older brother or even their father. I have two children, one of whom is only a few years younger than some of the people I work with, so I have a little life experience under my belt. I also grew up the son of a career Army Officer, so I understand how the Army works.
If you as my leader refuse to lend any weight to my life experience and continue to treat me like a 20 year old wet behind the ears Soldier, then don't expect any respect from me more than what is required by the UCMJ. As for why I am a 42 year old Specialist. I went through and completed ROTC in college, but was denied a medical waiver due to the drawdowns of the early 90s. I spen the next 15 years waiting for the chance to get into the Army. In I got my foot in the door. The next 15 months were spent fighting for a medical waiver which I ultimately was granted in I enlisted at age 36 and turned 37 during Week 5 of Basic Training.
I have spent the last few years trying to become an Officer, which has led to my NCOs ignoring my requests to go to the promotion board, despite winning company Soldier of the Month and BN Soldier of the Quarter, coming in 3rd at the Brigade Soldier of the Quarter competition.
At the end of the day I am grateful to be where I am, as it is where I have always wanted to be. I am a Soldier and I am good at it. It is what I was born for and to. Learning all that I can and showing that I exceed the standard on a daily basis works for me both personally and professionally.
If there are those who resent me for knowing what I do, then oh well, that's on them. MattU Agreed Like I said earlier from reading several of your post in the past, you seem like you are tracking more than the average Specialist. With that being said, I'm going to treat a 21 year old Specialist the same way I treat a 40 year old specialist for the most part.
Honestly, a lot of civilian life experiences have little to do with military life experience. Off the top of my head, that's what I come up with right now. I guess what I'm trying to say is just because you're 40 does not mean through your life experience you will be a better Soldier than a 18 year old fresh out of high school. Also, growing up the son of an Army Officer means nothing.
Let's be real What's the difference between treating a 20 year old Spc whose wet behind the ears and a 40 year old Spc wet behind the ears?? I don't know.
AR 190-22 PDF
Vilrajas I tried looking over AR but I could not find anything. This applies to employers in all activities, including nonappropriated fund activities established as Federal instrumentalities according to ARNonappropriated Fund System, concessionaires of such activities, and other private employers. Violations of State laws which apply to military reservations according to the provisions of section 13, title 18, U. United States District Courts. Originally posted by Will25U: They are not allowed to inspect bedrooms or other private areas; and they cannot open any drawers or cupboards, only look at what might already be open. Oversea commanders should consult with the appropriate judge advocate to determine to what extent wr provisions of treaties or agreements, or the provisions of local law may make inapplicable, in whole, or in part, the provisions of these regulations.
Health and Welfare | Army Study Guide
Army Regulation — Military Police. Searches, Seizures, and Disposition of Property. Any previously published permanent numbered changes have been incorporated into the text.
ar 190-22 - searches, siezures, and disposition of property