Legal Specialist
Legal Specialist
Posted on Oct 28, 2024
Can leadership check the inside contents of your POV during a POV Inspection?
4.83K
31
12
4
4
0
During POV inspections checklist a LT and Captain started looking thought the soldiers vehicle, just due to soldier having a dirty car
Military Police Officer (MP)
Help
POV
Posted 24 d ago
Responses: 9
8
8
0
Simple answer is yes. Especially if you pay attention to these signs that are at every DoD Installation. They have the right to search any of your personal property to include backpacks, purses, cars etc.
(8)
(0)
7
7
0
Inside the vehicle, yes.
If they are following the checklist to the letter, they are ensuring all seat belts work, defrost works, and they need to see that both registration and insurance are current (though the owner should be handing that over personally).
Beyond that, we'll need a little more information; was there just some trash from a couple of drive-thrus, or does the car look like a hobo has lived in it all year? If closer to the latter, then it just became a health and welfare issue.
Bear in mind that all annoying Army activities (POV inspections, health and welfare inspections, cyber awareness, etc) are all designed for, and are required because of, the lowest common denominator. It may only be an unnecessary inconvenience for you, but there are always going to be enough people in the formation that make it a real issue that still needs to be resolved.
If they are following the checklist to the letter, they are ensuring all seat belts work, defrost works, and they need to see that both registration and insurance are current (though the owner should be handing that over personally).
Beyond that, we'll need a little more information; was there just some trash from a couple of drive-thrus, or does the car look like a hobo has lived in it all year? If closer to the latter, then it just became a health and welfare issue.
Bear in mind that all annoying Army activities (POV inspections, health and welfare inspections, cyber awareness, etc) are all designed for, and are required because of, the lowest common denominator. It may only be an unnecessary inconvenience for you, but there are always going to be enough people in the formation that make it a real issue that still needs to be resolved.
(7)
(0)
1SG Nestor Torres
Within a safety check list there should be no problem nor conflict with the legality of the inspection. However, inspecting Officers and or NCOs must exercise a careful approach as to keeping the inspection from becoming a search of a private vehicle without the consent of the registered owner. The best approach is to have the registered owner demonstrate to the inspection team that the items in the safety inspection list are in working order and satisfy the inspection team's safety criterion. If in doubt, the Commander can request for clarity the advice of the installation Staff Judge Advocate prior to conducting POV safety inspection.
(5)
(0)
MSG Thomas Currie
1SG Nestor Torres - POV inspections exist in a fuzzy grey area where the legality depends greatly on how the people involved describe what happened and honestly on the personality and prejudices of the local JAG.
The mandatory POV Safety Inspection is legally voluntary. You have to voluntarily allow the inspection if you want to bring your vehicle onto the installation, but it is voluntary.
The POV Safety Inspection is an inspection not a search, but the personnel conducting the inspection are not blind. They cannot hunt for contraband, but they are legally able to respond to any contraband that is seen while performing the inspection.
Something observed in plain sight may provide probable cause for a search. This is one area where units occasionally cross the line. Finding drug paraphernalia "in plain sight" can be probable cause for a search, but that search needs to be authorized and conducted properly -- you can't just go directly from "I saw a crack pipe lying out on the dash" to "I looked in the console and found his stash."
The mandatory POV Safety Inspection is legally voluntary. You have to voluntarily allow the inspection if you want to bring your vehicle onto the installation, but it is voluntary.
The POV Safety Inspection is an inspection not a search, but the personnel conducting the inspection are not blind. They cannot hunt for contraband, but they are legally able to respond to any contraband that is seen while performing the inspection.
Something observed in plain sight may provide probable cause for a search. This is one area where units occasionally cross the line. Finding drug paraphernalia "in plain sight" can be probable cause for a search, but that search needs to be authorized and conducted properly -- you can't just go directly from "I saw a crack pipe lying out on the dash" to "I looked in the console and found his stash."
(4)
(0)
2
2
0
Can leadership inspect the inside of a car during a POV inspection. Within reason following the POV inspection checklist. There are several items on the list on the inside of the vehicle. It isn't just an external inspection. How dirty is dirty? If there is so much debris and trash where they have to move stuff to get to the spare tire, seat belts, or something else that gets into nasty territory. That context is needed. The inspection shouldn't be considered a shake down and should not look like Police looking for a murder weapon. It also isn't a white glove room inspection. Only the things on the checklist should be looked at but if somebody has a funky, filthy vehicle and the inspectors mentioned as much while trying to look at the spare and etc. that isn't crossing a line. Having done my fair share of Vehicle inspections during my time I always hated having to sift through garbage in a car trying to check everything.
(2)
(0)
Read This Next
Continue with Facebook 
Continue with Google