Can the First Sergeant enter my family residence uninvited?
This morning, the First Sergeant announced that he was going to do home inspections to all married soldiers on and off post. I am living on post with my wife and daughter. My wife is furious and feels that if the First Sergeant (or other soldier) that her 4th amendment right will be violated (The 4th amendment is part of the constitution that declares all the rights of its citizens). Of course the 4th amendment declares privacy in ones own home. This is obviously a violation of my family's 4th amendment.
How can I stop my command from proceeding with this violation?
- Anonymous8 years agoFavorite Answer
Everybody telling you that there's nothing you can do is full of s*it.
As long as one person living in that home is a civilian, the military CANNOT enter your home whenever they want to. If your wife says no, it's no. People saying otherwise know nothing about military housing.
The same thing happened to us. My husband is in the Army and I am a civilian. His unit wanted to do a home inspection and the CO even told my husband that as long as I say no, they are unable to enter our home. I said no the first time because I just straight did not want them in my house and nothing happened to my husband. The never asked again. We lived in military housing. A lot of people say that it's the military's money and therefore, they have the right to do what they want. They are full of it. It is the service member's money; he/she EARNS that money...like any other job. You do a job and you get paid accordingly. No other job tries to invade your home. You ARE entitled to your privacy. Do not let them bully you!
That aside, the only reason they do home inspections is to make sure that the service member has food in the house and is living in a somewhat clean area. They aren't going to white glove anything or go through your stuff. They just want to make sure that you are not starving and/or living in filth.
This is why we choose to live off post. If you live off post in civilian housing, there is NOTHING the military can do. They cannot inspect your home (at least not without permission) nor can they just show up at your abode and demand to be let in. On post housing can be tricky. If you want your privacy respected, live off post. They can't touch you.
Nco's are full of whatever authority they think they have although in reality, they have none. Once soldiers become NCO's, they think they're something special..LMFAO!!! As if...We live in civilian housing and my name is on the lease. Guess what? The military can't do or say a damn thing about it. They can ask to do an inspection but they can't force the issue.
- SSG ReddingLv 58 years ago
Most installations have a home inspection policy. They almost always require on/off post housing to be inspected once per quarter. They are not going through with a white glove. They are not going to go through your stuff. They just want to get a general idea of your well being. Many of the suicides we see have indicators which would have been noticed if anyone had looked at the persons house or talked to the family.
Also, the 4th ammendment protects agains search and siezure. Since they are neither searching for anything or taking anything, quit complaining.
- Marine5Lv 78 years ago
Bottom Line....NO He CANNOT Enter Your ABODE at any time...EVER !!!!
Either ON or OFF Base...With out Your or Wife's Permission...
If there is a SEARCH WARRANT Granted to enter the ABODE,
it will be by the MP's Law Enforcement ONLY...
As like anything else in the Military...
The Officers and SNCO's ASSUME that they can do what they want...THEY CANNOT !!!!
It isn't even in the UCMJ...
No such thing as a Health & Welfare Inspection of any-ones ABODE...
(Living in On Base Housing is your PRIVATE ABODE...)
Has ZERO to do with your Command...NOTHING !!!!
It is something that some one started and you tell everyone that it OK,
long enough it takes on a Life of its own...
You did that back in my day you would have gotten a Boot up your BUTT
and Charged with "Home Invasion"...
Just because you Enlisted into the Services...
No where in that Contract does it say you GIVE UP your RIGHTS under the US Constitution...
4th Amendment: The right to be protected from Unlawful Searches...
There is a whole lot of Unlawful BS going on in the Services Today...
All which is just Officers/SNCO's/NCO's over stepping their Bounds...
ASSUMING they can do what they want...they can go to Federal Prison for Most of it...
ALL of you had best start studying the UCMJ...
Be surprised at the amount of BS that isn't in there...
I was a Platoon Sgt and I would never think about going to a Married Service Members ABODE,
it just wasn't done...Actually they are Out Of Bounds...Source(s): Retired Marine...VSO...Getting as Bad as the NSA...Assuming they can listen in on Private Conversations with out a Warrant...
- 8 years ago
You live on Base, so they can do whatever they want. It's mainly to see if your home meets healthy living standards & your not doing anything illegal. But you can still keep them out of certain areas of your home if you tell them you do not consent them to check your rooms. But if you really want to take it up the Chain of Command, it'll take a long time to get settle and either way they would most likely side with the Military way of life.
- How do you think about the answers? You can sign in to vote the answer.
- EODbotLv 68 years ago
From the Manual for Courts Martial:
Searches of government property. Government property may be searched under this rule unless the person to whom the property is issued or assigned has a reasonable expectation of privacy therein at the time of the search. Under normal circumstances, a person does not have a reasonable expectation of privacy in government property that is not issued for personal use. Wall or floor lockers in living quarters issued for the purpose of storing personal possessions normally are issued for personal use; but the determination as to whether a person has a reasonable expectation of privacy in government property issued for personal use depends on the facts and circumstances at the time of the search.
That being said, if the MPs are called when a 1SG is doing a unit inspection, the would laugh and tell you to move off base if you don't want you government issued quarters inspected. If you live off base, a spouse could call the police and have a trespasser arrested and press charges.
MrsJVB has a misconception that BAH is paid to the SM, that money belongs to the SM, and still fails to read the Federal Financial Management Regulation which says that:
The statutory purpose of BAH on behalf of a dependent is to at least partially reimburse members for the expense of providing private quarters for their dependents when government quarters are not furnished, and not to pay BAH on behalf of a dependent as a bonus merely for the technical status of being married or a parent. Proof of support of a lawful spouse or unmarried, minor, legitimate child of a member is generally not required. However, when evidence (e.g., special investigation reports; record reviews; fraud, waste and abuse complaints; sworn testimony of individuals; statement by member) or complaints from dependents of nonsupport or inadequate support of dependents are received, proof of adequate support as stated in subparagraph E is required.
SUB E :Adequate Support. If the support requirements are not established by court order or legal separation agreement, a member must provide support in an amount that is not less than the BAH-DIFF rate applicable to the member’s grade. The amount of support required to retain or receive BAH on behalf of a dependent does not necessarily mean that such amount is adequate to meet the policy of the Service concerned as to what constitutes adequate support in the absence of a legal separation agreement or court order. See Table 26-12 for BAHDIFF rates.
They cannot force your spouse to live on base and if you don't sign for government quarters, they have to give you BAH to support your spouse. Further if your spouse chooses to move off base, you will not be authorized to stay in housing by yourself.Source(s): http://www.apd.army.mil/pdffiles/mcm.pdf http://comptroller.defense.gov/fmr/archive/07aarch...
- Anonymous5 years ago
No a special request, but I guess that I have the right to know who they are before entering my life*
- MrsjvbLv 78 years ago
not worth the firestorm you will cause.
sure she can refuse him access.
YOU CANNOT. there are many instances where this is perfectly legal to do. since everyone is being inspected, suck it up.
tell your wife to do a little dusting and run the vacuum.
and yes you can and will get into trouble if your home is a mess, or you are living in substandard quarters
on or off base does not matter: if BAH is being used they have the right to inspect where their money is going.
- mrsdLv 58 years ago
I think they can enter on base housing, but not off base unless a problem is suspected.
- Yak RiderLv 78 years ago
Off post, no. On post, only after giving a timely notice. Contact legal for advice.
- DylanLv 58 years ago
You live on base, you aren't being violated.