Civil rights for the non-military on military bases?

Status
Not open for further replies.

civilian

New Member
This is my first post. Hi everyone!

From a legal perspective, how are the civil rights of non-military (US) citizens affected when they are on a military base? That's probably a rather generic question, but I'm not a lawyer, and I'm curious about the relationship between military policy and normal civil rights when a non-military person is on a military base. Do we implicitly give up any of our rights by choosing to work on a military base?

Background: I am not in the military, and I never have been. But recently I started working for a Federal contractor which has an office on a US Army fort in the State of Alaska. When I'm on-post, I feel a little uncertain about some of the rights I feel more certain about elsewhere. Some specific examples:

1. Fifth amendment: If Military Police come into our area, and start taking statements regarding some issue that happened in the vicinity, do I have to answer any of their questions? (This does happen.)

2. Search and seizure: My coworkers say they can search my vehicle whenever they want without a warrant. Is that true? What gives them the legal right to do that? Can they search my person or my other property as well without a warrant?

I'm not bringing this subject up because I don't like the military or because I want to start trouble. But civil rights has been an important subject to me, and I like to always know where I stand in any given circumstance, so I can be better prepared to exercises my rights if I need to do so.
 
Military Police can't search your vehicle, however DOD Police (civilians) can and will be called if you refuse. The FBI retains primary jurisdiction for major investigations on military installations.

You have all the rights as a civilian on a military installations as you do off. The constitution and federal statute govern that. If you get a traffic ticket, you see a federal magistrate, not an army judge.

Ask your employer or the post JAG for more detailed information. Your presence on a military installation allows the search of your property and person according to federal statute.
 
The 5th Amendment does not apply unless you are the suspect of a crime. If you do not wish to speak with police and provide a statement you are not obligated to. They can't force you to speak. However, your failure to cooperate with an investigation could be an issue with your employment.

Your vehicle absolutely can be searched on a military base. Next time you go on the base take a moment to read the notices posted at the entrance. If you don't agree with the terms, do not drive your vehicle on the base.
 
Status
Not open for further replies.
Back
Top