Legal Question in Military Law in North Carolina

Re: inspections

If you were admitted to the residence voluntarily then you are there by consent and what you observe in plain sight is fair game. If you have suspicions of unlawful activity you should report them up the chain of command.

Re: inspections

No, there is no "health and welfare" authority off-post. If the command or NCO feels you are engaged in unlawful activity they must take it to law enforcement. At that point, a CIVILIAN judge or magistrate would have to authorize a search warrant in accordance with the Fourth Amendment. However, if they come to visit and you voluntarily let them in, that's a closer question. It may still be an unlawful search if the NCO somehow used his authority or "threat" to in essence to make it an "involuntary" entry. There are quite a few facts here that would need to be properly explored.

Sincerely, www.court-martial.com

Re: inspections

As a former judge advocate I would frequently get questions about health and comfort inspections from Staff NCOs. The conversation would go something like this.

SNCO - Hey Judge, I want to do a health and comfort inspection on Pvt Smith and Jones, is that legal?

JA Well, why are you concerned about their health and comfort?

SNCO I think they have weed in their barracks room somewhere, I�m just sure of it!

JA Then your health and comfort inspection is really a search for illegal drugs, right? If not for your suspicious of drug activity, there would be no reason for the inspection, right?

SNCO Well. yes.

JA Then no, your inspection is really a search for evidence and not permissible on the code. However, we can get a Command Directed search based on your evidence.

Your twist about an off base residence is really a question about the jurisdiction of Command Search authorization. If a Command wants to search an off base private residence then they would have to coordinate with the local jurisdiction and most likely CID/NCIS.