Posted on Feb 28, 2022
Can a CSM go into POV’s without the owner present?
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So our BN CSM walked through our barracks parking lot, and began going into POVs and looking around them and inside of them while the owner is not present.
I'm curious if he is allowed to do that, I haven't found any regs saying he can or cannot do that, does anyone have any insight?
I'm curious if he is allowed to do that, I haven't found any regs saying he can or cannot do that, does anyone have any insight?
Posted 3 y ago
Responses: 50
Logic dictates that POVs would be considered private property and that no one is authorized to go thru vehicles without probable cause. Even if the doors are unlocked. That being said, I would recommend you seek out the MP/Provost Marshall office and ask them. Then, if they confirm that this is an illegal search then you need to do the right thing and file a report with the MPs and IG. But, make sure you have written statements from witnesses. Because if you saw it happen, I am certain other folks did as well.
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SP5 Ed Nolan
Former MP here, and no, you cannot randomly just go into a POV and search it without just cause, and usually any cadre will call the MP's to do the search if they suspect something. And still, if there is no just cause the MP's would probably decline to search the vehicle, even if it's unlocked, as a matter of fact, they just might secure the vehicle then leave the area.
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Suspended Profile
The word "PRIVATE" in POV is a dead giveaway...for sure.
SPC Gary Watson
SP5 Ed Nolan - 100 % correct! The only time I ever searched a vehicle without the owner being present was when our patrol found an abandon vehicle. Other than that a POV was a "privately" owned vehicle.
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Having your vehicle unlocked doesn’t give anybody the authority to search it.
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SSG Kenneth Cox
SSgt Joseph Baptist - I was the Physical Security NCO of 2 different units while I was on AD. One at Ft Campbell and the other in Germany. Both units had policies, approved by JAG and the Provost Marshall's Office, that the senior leadership (BN CSM, 1SG, PSG) could and would conduct security checks of POVs in the company lots. If the doors were found to be unlocked, the visor and floor mats, etc would be checked to see if keys were there. If so, a note would be left on the seat, with the unit leadership and the CQ/SDNCO where that soldier could find their keys and the POV would be locked. Loss prevention and physical security consciousness were the goals of the policies as we dealt with COMSEC and sensitive communications gear. We had a policy about barracks room doors and offices on post. Off base housing, vehicles and on base family housing were left to the MPs as that was in their lane.
Loss of personal belongings and security failures took the time and focus of the soldiers and leadership from mission requirements. If you remembered to secure things and follow the policies, it saved everyone a big hassle. Ever had to buy a PAGST helmet? One vehicle that was left unsecured on the back line of the company lot lost one, a set of new ALICE gear and an intermediate sleeping bag...4 days before a deployment.
Loss of personal belongings and security failures took the time and focus of the soldiers and leadership from mission requirements. If you remembered to secure things and follow the policies, it saved everyone a big hassle. Ever had to buy a PAGST helmet? One vehicle that was left unsecured on the back line of the company lot lost one, a set of new ALICE gear and an intermediate sleeping bag...4 days before a deployment.
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SSG Kenneth Cox
SSgt Joseph Baptist CSM or whichever 1SG was accompanied by the other 1SGs and usually a Physical Security NCO or two to log which vehicle and where keys were found and who was keeping them for retrieval. We are talking un the late 80s and early 90s and post physical security policies also required vehicle security. I am not going to argue with anyone over this.... Some will always try to place fault on someone else because they fail to be accountable for their own actions.
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SSG Kenneth Cox
SSgt Joseph Baptist - "Sounds like there were mutliple (sic) people violating the law at those units. That's top-down corruption providing cover for criminal activities. But hey, "leaders" are above the law." Well Joseph, with a comment like this I figured you knew how this stuff was done. Just like a layout inspections of TA-50 or hand receipt items, etc there was always an inspector and a person to record the findings/notes for the inspection follow-up. The fact a note was left told the service member who had been there....so one would think it was clear who had been there.
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LCDR Robert S.
SSG Kenneth Cox - What SSgt Baptist is responding to is something that occurs all-to-frequently on this site. A jr. enlisted will ask a question about something that he observed that *is* illegal, and SNCOs and Os will tell them "Shut up and do your job," or otherwise look at things from the perspective of someone who doesn't want to give a proper answer, they just want someone to roll over and take it, because a senior-subordinate relationship shouldn't be muddied by subordinates seeing illegal activity on the part of the senior and worrying about it. And he (and I, when I see them) will call out the SNCOs or Os and point out that letting a senior NCO or officer do things that are against the UCMJ is more predjudicial to good order and discipline than having a PFC report the illegal activity to the MPs or IG and they investigate and arrest the SNCO.
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