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Do I have Rights on a miltary base? Login/Join 
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Picture of rtquig
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Yesterday, while working on a high school on a Joint Base we were evacuated to a separate building and guarded by what looked like combat ready troops. Helmets, body armor, Looked like M4's. At first I thought it was a whole base lock down, then since we could see people coming and going at will we all thought it was just a school evacuation. At least 20 armed military police were in the gym with us.
I was then called from our group and asked if I had a sweatshirt and backpack, and if I had left the school building. This was by a school administrator. I hadn't left the building, didn't have a sweatshirt or backpack. I had a fleece jacket left in an upstairs classroom and carry a shoulder bag. No big deal, they are looking for someone else. It happens again, asked the same questions and I answer where I was and students where in class with me. Still not a big deal.
3rd time the administrator comes with an armed guard who states that I am the one identified and asks the exact same questions. We were kept away from the school for 2 hours before being let back in for the last class of the day.
Afterwards I started thinking that asking me 2 times is okay, they are ruling out me as the person seem leaving, but 3 times and now with the military police I am thinking they owe me some type of explanation. I have a DoD ID, school ID, am allowed to leave the building on brake, but I didn't.
At the end of the day during sign out, I mentioned to the administrator "what a strange day". Nothing was mentioned about what they were looking for or why I was questioned.
If this had gone further and they asked to search my truck, do I have any rights to say no? I have nothing to hide and would allow them to search if they asked. I did notice that my fleece jacket was on a desk and my bag left open so I believe they did search my things left behind in the classroom.


Living the Dream
 
Posts: 4015 | Location: New Jersey | Registered: December 06, 2010Reply With QuoteReport This Post
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IIRC, entry onto base gives the SPs/MPs consent to search your vehicle.
 
Posts: 516 | Registered: October 13, 2007Reply With QuoteReport This Post
Nullus Anxietas
Picture of ensigmatic
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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.



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26009 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
אַרְיֵה
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Way way back in the dark ages, when I was in the Navy, I had no rights at all with respect to searches.

In later life, when I, as a civilian, entered a military base, it was made clear to me that all vehicles, backpacks, briefcases, etc., were subject to search.



הרחפת שלי מלאה בצלופחים
 
Posts: 30677 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
Unflappable Enginerd
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Entry is consent to search on almost if not all bases, I'll bet you'll see signs posted as you enter stating such.


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Posts: 6214 | Location: Headland, AL | Registered: April 19, 2006Reply With QuoteReport This Post
Leave the gun.
Take the cannoli.
posted Hide Post
No
 
Posts: 6634 | Location: New England | Registered: January 06, 2003Reply With QuoteReport This Post
Official Space Nerd
Picture of Hound Dog
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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.



Yeah, there should be a large prominent white sign stating "You are entering a US military installation, all persons and property are subject to search at any time."

Basically, you leave your 'rights'at the gate and get them back when you leave.



Fear God and Dread Nought
Admiral of the Fleet Sir Jacky Fisher
 
Posts: 21847 | Location: Hobbiton, The Shire, Middle Earth | Registered: September 27, 2004Reply With QuoteReport This Post
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I was a little put off when the MP claimed that I was the one Identified. Impossible, and how was I Identified? Camera? Witness? At least tell me. The school is one of the furthest I travel to and I try to work more at the schools near me. Almost makes me want to say no thanks when asked to work there again.


Living the Dream
 
Posts: 4015 | Location: New Jersey | Registered: December 06, 2010Reply With QuoteReport This Post
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quote:
Originally posted by Hound Dog:
Basically, you leave your 'rights' at the gate and get them back when you're allowed to leave.


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Posts: 13401 | Location: Bottom of Lake Washington | Registered: March 06, 2007Reply With QuoteReport This Post
Nullus Anxietas
Picture of ensigmatic
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quote:
Originally posted by rtquig:
Almost makes me want to say no thanks when asked to work there again.

That might be your best option. Sounds like you were never in the military, otherwise none of this would have caught you by surprise and you probably wouldn't have your shorts all in a bunch about it.

Stay well clear of the border and Federal waterways, too. Otherwise you may find yourself in for another rude surprise.



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26009 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
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You do have rights on a military base but many of the fourth amendment protections are waived by your entry.


Ignem Feram
 
Posts: 528 | Registered: October 03, 2009Reply With QuoteReport This Post
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Picture of rtquig
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quote:
Originally posted by ensigmatic:
quote:
Originally posted by rtquig:
Almost makes me want to say no thanks when asked to work there again.

That might be your best option. Sounds like you were never in the military, otherwise none of this would have caught you by surprise and you probably wouldn't have your shorts all in a bunch about it.

Stay well clear of the border and Federal waterways, too. Otherwise you may find yourself in for another rude surprise.



I have never been in the military, was the only teacher questioned. Too late, I have already been out of the country many times. Also, part of my house sits on Federal property, a National Wildlife Reserve. Worked for government before retirement, just not Federal government.


Living the Dream
 
Posts: 4015 | Location: New Jersey | Registered: December 06, 2010Reply With QuoteReport This Post
The Unmanned Writer
Picture of LS1 GTO
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quote:
Originally posted by ensigmatic:
quote:
Originally posted by rtquig:
Almost makes me want to say no thanks when asked to work there again.

That might be your best option. Sounds like you were never in the military, otherwise none of this would have caught you by surprise and you probably wouldn't have your shorts all in a bunch about it.

Stay well clear of the border and Federal waterways, too. Otherwise you may find yourself in for another rude surprise.


This is close to my response also.

Being retired navy, I met and married my wife after retiring - she had never been in a military base until then. She won't drive on base nor do without me after witnessing a couple incidents the second time we were there.

Although for me, it's the rent-a-thugs I do not care for. I'd rather see a Marine corporal with a weapon than one of the thugs






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



"If dogs don't go to Heaven, I want to go where they go" Will Rogers

The definition of the words we used, carry a meaning of their own...



 
Posts: 14038 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
Official Space Nerd
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quote:
Originally posted by LS1 GTO:

Although for me, it's the rent-a-thugs I do not care for. I'd rather see a Marine corporal with a weapon than one of the thugs


I work on the US Air Force Academy, and I work closely with quite a few of your so-called 'thugs.' Every one I interact with is professional and courteous.

Your experiences may differ from mine, of course, but the contractors are no more likely to make mistakes than the military cops.



Fear God and Dread Nought
Admiral of the Fleet Sir Jacky Fisher
 
Posts: 21847 | Location: Hobbiton, The Shire, Middle Earth | Registered: September 27, 2004Reply With QuoteReport This Post
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Perhaps you look suspicious. LOL I was detained for a time when the bank across the street from my office was robbed. The TV crew was just setting up for a tight shot of me as the bad guy. Fortunately the bank tellers said I was the wrong guy. The description in the paper of the perpretrator was not even close. I was complaining about it to a friend when he remarked "Well be happy they didn't shoot you."
 
Posts: 17238 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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quote:
Originally posted by Hound Dog:
quote:
Originally posted by LS1 GTO:

Although for me, it's the rent-a-thugs I do not care for. I'd rather see a Marine corporal with a weapon than one of the thugs


I work on the US Air Force Academy, and I work closely with quite a few of your so-called 'thugs.' Every one I interact with is professional and courteous.

Your experiences may differ from mine, of course, but the contractors are no more likely to make mistakes than the military cops.


A good portion of the contract security are former military.
 
Posts: 1474 | Location: Washington | Registered: August 30, 2007Reply With QuoteReport This Post
Step by step walk the thousand mile road
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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





Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
 
Posts: 31444 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
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quote:
Originally posted by rtquig:
how was I Identified? Camera? Witness? At least tell me.

You should have asked him in a respectful way. MP or not, I'm certain he puts his pants on one leg at a time like everyone else.
 
Posts: 6273 | Registered: March 24, 2008Reply With QuoteReport This Post
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Just to be clear:

Military bases use service members, civilian DOD Police officers who are sworn federal law enforcement officers and contract security guards.

Depending on where you are they may use all or none of these.

Locally we mostly see service members and DOD Police.

The use of contract guards has decreased as the GWOT has wound down making service members more available for such duties.

Due to the current joint base structures you will see some interesting combinations. We have USAF SF at the gates of Army bases and the last time I was at the Naval Weapons station in Charleston SC they had USAF SF at the gate since it is now part of Joint Base Charleston.”
 
Posts: 528 | Location: Texas | Registered: March 25, 2013Reply With QuoteReport This Post
Age Quod Agis
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Yes, you have rights on a military base. You give up some as mlazarus states, with respect to search of vehicles and things, but you still have your basic PERSONAL 4th amendment rights, your 5th amendment rights, and all such searches must be reasonable.

When I was a JAG, we had some MPs decide to strip search a young lady because they thought she was drunk (she wasn't) and probably also because she was cute (she was). She was also a Bird Colonel's wife. My boss got to handle that mess.

So, you give implied consent to some searches, but you still have your rights.



"I vowed to myself to fight against evil more completely and more wholeheartedly than I ever did before. . . . That’s the only way to pay back part of that vast debt, to live up to and try to fulfill that tremendous obligation."

Alfred Hornik, Sunday, December 2, 1945 to his family, on his continuing duty to others for surviving WW II.
 
Posts: 12779 | Location: Central Florida | Registered: November 02, 2008Reply With QuoteReport This Post
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