Saturday, March 29, 2014

Military Rules of Evidence 315 - Searching off post housing

Won't you be glad when I get back to the kitchen? I know I will be! That's not going to happen yet.

This morning our house was searched for the third time by my husbands Squad Leader. As I have said before we have nothing to hide so we let them. What I am fed up with is the harassment by his Chain of Command.

I did some digging just to find out the military legality of what they are doing. I found my answer in the Military Rules of Evidence 313-315. It is really technical and boring. If you want to read it for yourself it can be found here.

I found where someone had asked a similar question to what I'm dealing with and a Military lawyer answered with this: "The commander has no authority to order a search of your home for evidence of a crime. That is because they have no jurisdiction for such an order." Link.

Do I continue to let them search and document each time they do and let the evidence rack up against them or do I go ahead and file an IG complaint? They are not going to find any alcohol because there simply is none in the house so we have no reason to care if they continue to search other than being harassed.

What would you do?

I'm trying to think of this outside of a military perspective. It would be the equivalent of police showing up at your door every few days to look through your things. I would never tolerate that without a fight.

I still don't know what to do. If I put my foot down they will just find other ways to retaliate.


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