SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Do I have Rights on a miltary base?
Page 1 2 3 4 
Go
New
Find
Notify
Tools
Reply
  
Do I have Rights on a miltary base? Login/Join 
Member
Picture of rtquig
posted Hide Post
On this joint base, there are 3 different branches of the military that man the main gate. Army, Navy, and Air Force. I have seen contractors patrol the base but these were military police. It could have been Air Force or Army, at the time I was not so concerned to determine which branch was guarding the students.

In past posts I have explained here that there are 7 high schools in this vocational district. Today, I went to our town high school to watch my daughter (Drum Major) perform at the last football game of the season. She has been staying at a friends house dog sitting the last two nights and I only told her there had been an evacuation yesterday, no details. One of her drum line members came up to me and said she heard I was the main suspect in yesterdays evacuation and lock down. As far as I know only the teachers with me at the time of the incident heard what I was being asked, yet a school 30 miles away think I am a suspect? I don't know what the actual problem was, could it be an intruder? I don't know but I do know I don't like my name being put out as a suspect.


Living the Dream
 
Posts: 4015 | Location: New Jersey | Registered: December 06, 2010Reply With QuoteReport This Post
always with a hat or sunscreen
Picture of bald1
posted Hide Post
quote:
Originally posted by rtquig:


One of her drum line members came up to me and said she heard I was the main suspect in yesterdays evacuation and lock down. As far as I know only the teachers with me at the time of the incident heard what I was being asked, yet a school 30 miles away think I am a suspect? I don't know what the actual problem was, could it be an intruder? I don't know but I do know I don't like my name being put out as a suspect.


Blame the teachers' network and kids overhearing their gossip. Frown



Certifiable member of the gun toting, septuagenarian, bucket list workin', crazed retiree, bald is beautiful club!
USN (RET), COTEP #192
 
Posts: 16208 | Location: Black Hills of South Dakota | Registered: June 20, 2010Reply With QuoteReport This Post
Member
Picture of rtquig
posted Hide Post
^^^^^^^^ Most likely.


Living the Dream
 
Posts: 4015 | Location: New Jersey | Registered: December 06, 2010Reply With QuoteReport This Post
Ignored facts
still exist
posted Hide Post
Places I try to avoid because I have limited rights there:

Mil bases
secure part of an airport
inside of a courthouse / Sheriff's office / jail
some concert venues
larger pro sports stadiums
federal buildings
Indian Casinos (and perhaps other tribal property)

Hey wait, these are the places I cannot CCW. Smile
(Schools are still ok in my state)

This message has been edited. Last edited by: radioman,


----------------------
Let's Go Brandon!
 
Posts: 10923 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
Member
Picture of rtquig
posted Hide Post
Every year I have to renew my ID to get on base. Every year the person that renews it looks up from the computer screen and says something to the effect "you know you can't bring firearms on the base". I wonder if they know what I own as I live in a communist state, or do they just tell everyone?


Living the Dream
 
Posts: 4015 | Location: New Jersey | Registered: December 06, 2010Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by mlazarus:
You do have rights on a military base but many of the fourth amendment protections are waived by your entry.


This. I was an Army MP. There is a sign at the gate usually that will inform you that you’re subject to search. We were told to ask people anyway but I think that was just a courtesy
 
Posts: 3371 | Registered: December 06, 2006Reply With QuoteReport This Post
Member
posted Hide Post
I was DoD Police at Wright-Patterson AFB. Full Federal police powers.
And you do have rights, but you have generally consented to search / seizure once you enter a Federal Reservation.


End of Earth: 2 Miles
Upper Peninsula: 4 Miles
 
Posts: 16088 | Location: Marquette MI | Registered: July 08, 2014Reply With QuoteReport This Post
Muzzle flash
aficionado
Picture of flashguy
posted Hide Post
quote:
Originally posted by radioman:
Places I try to avoid because I have limited rights there:

Mil bases
secure part of an airport
inside of a courthouse / Sheriff's office / jail
some concert venues
larger pro sports stadiums
federal buildings
Indian Casinos (and perhaps other tribal property)

Hey wait, these are the places I cannot CCW. Smile
(Schools are still ok in my state)
You missed Theme Parks.

flashguy




Texan by choice, not accident of birth
 
Posts: 27902 | Location: Dallas, TX | Registered: May 08, 2006Reply With QuoteReport This Post
fugitive from reality
Picture of SgtGold
posted Hide Post
I assume you work at Joint Base Dix-McGuire? Is this the incident you're talking about?

http://wobm.com/joint-base-mcg...ily-put-on-lockdown/

A recent court decision on applicable law for consenting to a search upon entering a military base is Morgan v. United States.

https://caselaw.findlaw.com/us...circuit/1054663.html

I was an MP up until 2013. The probable cause needed to perform what someone would recognize as your typical traffic stop and vehicle search is pretty much identical to what goes on in the civilian world. The same thing goes for anything that involves potential crimes on school grounds. Someone fingered you as the unidentified individual, and no one was going anywhere until they sorted the situation out.

Edited for bad link.

This message has been edited. Last edited by: SgtGold,


_____________________________
'I'm pretty fly for a white guy'.

 
Posts: 7073 | Location: Newyorkistan | Registered: March 28, 2007Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by SgtGold:
I assume you work at Joint Base Dix-McGuire? Is this the incident you're talking about?

https://www.tuffwriter.com



Don’t think that’s the link you wanted.


--
I always prefer reality when I can figure out what it is.

JALLEN 10/18/18
https://sigforum.com/eve/forum...610094844#7610094844
 
Posts: 2363 | Location: Roswell, GA | Registered: March 10, 2009Reply With QuoteReport This Post
Sigforum K9 handler
Picture of jljones
posted Hide Post
quote:
Originally posted by Sig2340:
quote:
Originally posted by mlazarus:
You do have rights on a military base but many of the fourth amendment protections are waived by your entry.


∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆
THIS


While you voluntarily waived your rights under the Second and Fourth Amendments the Constitution of the United States (the Second only as it applies to bringing arms onto the installation and Fourth only insofar as it relates to property brought onto the installation, i.e., the waiver does not extend to searches of your house off the installation) by entering onto the installation, the minute you were detained by agents of the federal government who began asking you investigatory questions, you should have immediately invoked the balance of your rights under the Constitution, specifically Amendments One, Four, Five, Six, Eight, Nine, Ten and Fourteen.

For example when they began asking about specific items and whether they were yours, I would have asked them about the nature of their inquiry and what led them to think that those items might be yours. Had they refused to provide a reasonable answer, I would have invoked my 5th Amendment right under the Constitution to remain silent so that I do not incriminate myself.

People think that I am overboard in my response, and I merely say see Scooter Libby. Or Martha Stewart. Or Lieutenant General Flynn. All (and many others) were convicted of misleading investigators due to inconsistencies in statements made (and not always under oath) two investigators. I am simply not going to take that risk. No longer do I trust the government with my freedom or to represent my interests in any way shape or form in any criminal investigation even if I am not the target of that investigation


Hey, also don’t forget to ask them “Am I being detained?” And also remind them that you don’t want to create “joinder” with them. They like that a lot, and it’ll help you out greatly.




www.opspectraining.com

"It's a bold strategy, Cotton. Let's see if it works out for them"



 
Posts: 37117 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
Go ahead punk, make my day
posted Hide Post
Jones wins the internet on a quiet Saturday night.

 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
fugitive from reality
Picture of SgtGold
posted Hide Post
quote:
Originally posted by SigJacket:
quote:
Originally posted by SgtGold:
I assume you work at Joint Base Dix-McGuire? Is this the incident you're talking about?

https://www.tuffwriter.com



Don’t think that’s the link you wanted.


What? I like tactical pens........ Razz

Fixed it. Smile


_____________________________
'I'm pretty fly for a white guy'.

 
Posts: 7073 | Location: Newyorkistan | Registered: March 28, 2007Reply With QuoteReport This Post
Ignored facts
still exist
posted Hide Post
quote:
Originally posted by jljones:
quote:
Originally posted by Sig2340:
quote:
Originally posted by mlazarus:
You do have rights on a military base but many of the fourth amendment protections are waived by your entry.


∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆
THIS


While you voluntarily waived your rights under the Second and Fourth Amendments the Constitution of the United States (the Second only as it applies to bringing arms onto the installation and Fourth only insofar as it relates to property brought onto the installation, i.e., the waiver does not extend to searches of your house off the installation) by entering onto the installation, the minute you were detained by agents of the federal government who began asking you investigatory questions, you should have immediately invoked the balance of your rights under the Constitution, specifically Amendments One, Four, Five, Six, Eight, Nine, Ten and Fourteen.

For example when they began asking about specific items and whether they were yours, I would have asked them about the nature of their inquiry and what led them to think that those items might be yours. Had they refused to provide a reasonable answer, I would have invoked my 5th Amendment right under the Constitution to remain silent so that I do not incriminate myself.

People think that I am overboard in my response, and I merely say see Scooter Libby. Or Martha Stewart. Or Lieutenant General Flynn. All (and many others) were convicted of misleading investigators due to inconsistencies in statements made (and not always under oath) two investigators. I am simply not going to take that risk. No longer do I trust the government with my freedom or to represent my interests in any way shape or form in any criminal investigation even if I am not the target of that investigation


Hey, also don’t forget to ask them “Am I being detained?” And also remind them that you don’t want to create “joinder” with them. They like that a lot, and it’ll help you out greatly.


Nah, just immediately declare yourself as a sovereign citizen.


----------------------
Let's Go Brandon!
 
Posts: 10923 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
Armed and Gregarious
Picture of DMF
posted Hide Post
quote:
Originally posted by stoic-one:
Entry is consent to search on almost if not all bases, I'll bet you'll see signs posted as you enter stating such.
Only at the entry points, just like crossing the border at ports of entry. You do in fact have your full rights on a military base. The Constitution doesn't magically get suspended just because you are on a military base. Some commanders foolishly don't understand that, but they 're idiots and wrong.


___________________________________________
"He was never hindered by any dogma, except the Constitution." - Ty Ross speaking of his grandfather General Barry Goldwater

"War is the remedy that our enemies have chosen, and I say let us give them all they want." - William Tecumseh Sherman
 
Posts: 12591 | Location: Nomad | Registered: January 10, 2003Reply With QuoteReport This Post
Armed and Gregarious
Picture of DMF
posted Hide Post
quote:
Originally posted by ensigmatic:
In a word: No.

I had a friend that was a girl, back right after I'd gotten out of the Army. She asked to borrow my car. Unbeknownst to me, what she wanted it for was to go try to sell some pot on base. Somebody she sold to was an informant for the MPs and she got popped. I got a call telling me I needed to get over to the MP station immediately and open the trunk for them so they could complete the search, or they'd bust it open. Furthermore: If they found anything in the trunk, for which she'd had no keys, they'd seize my car.

Luckily it was but a five-minute walk to the base. Arriving at the gate I explained why I was there and asked if an MP could come fetch me, which they did.
Neat story, and if we assume it accurate, their authority to search the vehicle was based on probable cause to believe she used it commit a crime, and probable cause to believe that mobile conveyance may contain evidence of a crime, and therefore was legally allowed to be searched under what is known as the Carrol Doctrine, otherwise known as the mobile conveyance exception to the 4th amendment. it applies whether in a military base or off.


___________________________________________
"He was never hindered by any dogma, except the Constitution." - Ty Ross speaking of his grandfather General Barry Goldwater

"War is the remedy that our enemies have chosen, and I say let us give them all they want." - William Tecumseh Sherman
 
Posts: 12591 | Location: Nomad | Registered: January 10, 2003Reply With QuoteReport This Post
Step by step walk the thousand mile road
Picture of Sig2340
posted Hide Post
quote:
Originally posted by jljones:
quote:
Originally posted by Sig2340:
quote:
Originally posted by mlazarus:
You do have rights on a military base but many of the fourth amendment protections are waived by your entry.


∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆
THIS


While you voluntarily waived your rights under the Second and Fourth Amendments the Constitution of the United States (the Second only as it applies to bringing arms onto the installation and Fourth only insofar as it relates to property brought onto the installation, i.e., the waiver does not extend to searches of your house off the installation) by entering onto the installation, the minute you were detained by agents of the federal government who began asking you investigatory questions, you should have immediately invoked the balance of your rights under the Constitution, specifically Amendments One, Four, Five, Six, Eight, Nine, Ten and Fourteen.

For example when they began asking about specific items and whether they were yours, I would have asked them about the nature of their inquiry and what led them to think that those items might be yours. Had they refused to provide a reasonable answer, I would have invoked my 5th Amendment right under the Constitution to remain silent so that I do not incriminate myself.

People think that I am overboard in my response, and I merely say see Scooter Libby. Or Martha Stewart. Or Lieutenant General Flynn. All (and many others) were convicted of misleading investigators due to inconsistencies in statements made (and not always under oath) two investigators. I am simply not going to take that risk. No longer do I trust the government with my freedom or to represent my interests in any way shape or form in any criminal investigation even if I am not the target of that investigation


Hey, also don’t forget to ask them “Am I being detained?” And also remind them that you don’t want to create “joinder” with them. They like that a lot, and it’ll help you out greatly.


An attack ad hominem is beneath you Jones.

How many criminals talk themselves into prison by keeping their mouths shut and invoking their rights guaranteed under the Constitution?





Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
 
Posts: 31436 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
Member
Picture of reloader-1
posted Hide Post
2340, that wasn’t an ad hominem attack - he never said anything about you, your qualifications or your background.

Instead, he addressed your point with a follow on, and a quite valid one from a layman’s perspective. There is a fine line between cooperation and obstruction, and crossing that line would tend to incur the close scrutiny of nearly anyone, LE or not.

Jones was calling that out, methinks.
 
Posts: 2325 | Location: S. FL | Registered: October 26, 2010Reply With QuoteReport This Post
If you see me running
try to keep up
Picture of mrvmax
posted Hide Post
quote:
Originally posted by radioman:
Places I try to avoid because I have limited rights there:

Mil bases
secure part of an airport
inside of a courthouse / Sheriff's office / jail
some concert venues
larger pro sports stadiums
federal buildings
Indian Casinos (and perhaps other tribal property)

Hey wait, these are the places I cannot CCW. Smile
(Schools are still ok in my state)

I’m with you, I was active duty in the 90’s but I don’t want to deal with this type of nonsense the OP mentioned. I value my rights so I stay away from places where they’ve been limited.
 
Posts: 4106 | Location: Friendswood Texas | Registered: August 24, 2007Reply With QuoteReport This Post
Step by step walk the thousand mile road
Picture of Sig2340
posted Hide Post
quote:
Originally posted by reloader-1:
2340, that wasn’t an ad hominem attack - he never said anything about you, your qualifications or your background.

Instead, he addressed your point with a follow on, and a quite valid one from a layman’s perspective. There is a fine line between cooperation and obstruction, and crossing that line would tend to incur the close scrutiny of nearly anyone, LE or not.

Jones was calling that out, methinks.


Jones' statement "Hey, also don’t forget to ask them “Am I being detained?” And also remind them that you don’t want to create “joinder” with them." is a direct attack on me, insinuating that I do not understand when I'm being detained or that I would attempt to create some mythical thing called joinder. Together they insinuate that I am one of those sovereign citizen loons, as that is typical of their behavior.

My position claims only those rights guaranteed under the Constitution. What I'm curious about is why anybody asserting the rights guaranteed them under the Constitution of the United States is immediately the subject of scorn.

He could have just as easily said that my assertion of my constitutional rights would slow my being interviewed by the police and subsequently cleared or arrested, followed by evidence supporting his position.





Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
 
Posts: 31436 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
  Powered by Social Strata Page 1 2 3 4  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Do I have Rights on a miltary base?

© SIGforum 2024