Okinawagaijin
New Member
I am in Okinawa Japan serving in the the US army. Recently, CID obtained permission to search my room and all my belongings and take a urine sample from me because they found what they considered to be suspicious perephenilia that they thought were steroids in my mailbox. This search took place while I was still deployed in support of Operation Enduring Freedom. The items in question were a mix kit that I was planning to use to make injectible amino acids. I made sure before I ordered them that these items and intended use were legal. And if I had any doubts about their legality, these doubts were erased when the lab results came up negative and CID even subsequently gave them back to me.
My problem isn't with the search itself. It was authorized by the base commander so it was legal. They found nothing either on my person or in my room or car that was illegal and the urine sample came back negative. The problem that I have is that the base commander authorized them to search my room, and all my belongings, with the exception of my computer. When I returned from deployment, my computer was not only seized but already sent to a forensic lab in Korea.
The CID agent handling my case also told me that he had already been looking through computer and found some bodybuilding sites I had visited that he found suspicious. Then he asked me to sign a "consent to search" form since he did not yet have consent to search it. I said that I wanted to talk to a lawyer because he had already been searching the computer without permission. I also said that I needed the computer because I had enrolled in an online college that I had already taken out a $5000 loan to cover. I also let him know that my marriage paperwork was on the thumbdrive he confiscated and that I needed it because my girlfriend was 5 months pregnant and time was of the essence because I need to enroll her in military health care.
He told me that it was already on its way to Korea and that there was nothing I could do about it. He said that if I did not sign the form, it would just take longer for me to get it back because he would just go through other channels to get authorization and it would stay there until the search got approved anyway.
Another problem was that US army personnel in Okinawa have no legal representation on the island. Thats right, none. We have to rely on phone conversations with JAG defense lawyers that are in Korea. These lawyers are overburdened with the task of working with defendents of both the large number of soldiers in Korea and Okinawa. They also have very limited hours of operation and are often not even present during duty hours. For some reason, though, there are plenty of prosecutors here.
So against better judgement, I signed the consent to search form. A few days later, I finally was able to contact a lawyer in Korea and he helped me submit a "withdrawal of consent" form. But even with this, they will not give my computer back. Now my computer sits in Korea with no return date in sight.
I still have not been charged with anything and have done nothing wrong but I feel like I am already being punished. The urine sample I provided proved that I had no illegal drugs in my system, the extensive search recovered absolutely nothing illegal. I have endured violations of my privacy (legal or not) and the CID agent has obviously had errors in his investigative procedures.
I am an excellent soldier who has served for 6 years and have never been in any kind of trouble. In fact I have never so much as shown up late to formation. I have had nothing but good reviews from my superiors and have been on over 12 deployments in support of Operation Enduring Freedom. I am trying to get married and also further my career by enrolling in college. The confiscation of my computer is impeding my progress and placing undue stress not only on me, but my new family.
Am I wrong in feeling like I'm being harassed here? My commander was angered about my situation before I was even notified about it and has filed a complaint in my behalf. But his superiors are telling him not to make a stink about it so that tells me that he probably isnt getting any support from above channels. So most likely his complaint will fall on deaf ears. Does anyone know what my real options are? Because nobody on this island seems to want to give me a straight answer. Thanks for any input or advice.
My problem isn't with the search itself. It was authorized by the base commander so it was legal. They found nothing either on my person or in my room or car that was illegal and the urine sample came back negative. The problem that I have is that the base commander authorized them to search my room, and all my belongings, with the exception of my computer. When I returned from deployment, my computer was not only seized but already sent to a forensic lab in Korea.
The CID agent handling my case also told me that he had already been looking through computer and found some bodybuilding sites I had visited that he found suspicious. Then he asked me to sign a "consent to search" form since he did not yet have consent to search it. I said that I wanted to talk to a lawyer because he had already been searching the computer without permission. I also said that I needed the computer because I had enrolled in an online college that I had already taken out a $5000 loan to cover. I also let him know that my marriage paperwork was on the thumbdrive he confiscated and that I needed it because my girlfriend was 5 months pregnant and time was of the essence because I need to enroll her in military health care.
He told me that it was already on its way to Korea and that there was nothing I could do about it. He said that if I did not sign the form, it would just take longer for me to get it back because he would just go through other channels to get authorization and it would stay there until the search got approved anyway.
Another problem was that US army personnel in Okinawa have no legal representation on the island. Thats right, none. We have to rely on phone conversations with JAG defense lawyers that are in Korea. These lawyers are overburdened with the task of working with defendents of both the large number of soldiers in Korea and Okinawa. They also have very limited hours of operation and are often not even present during duty hours. For some reason, though, there are plenty of prosecutors here.
So against better judgement, I signed the consent to search form. A few days later, I finally was able to contact a lawyer in Korea and he helped me submit a "withdrawal of consent" form. But even with this, they will not give my computer back. Now my computer sits in Korea with no return date in sight.
I still have not been charged with anything and have done nothing wrong but I feel like I am already being punished. The urine sample I provided proved that I had no illegal drugs in my system, the extensive search recovered absolutely nothing illegal. I have endured violations of my privacy (legal or not) and the CID agent has obviously had errors in his investigative procedures.
I am an excellent soldier who has served for 6 years and have never been in any kind of trouble. In fact I have never so much as shown up late to formation. I have had nothing but good reviews from my superiors and have been on over 12 deployments in support of Operation Enduring Freedom. I am trying to get married and also further my career by enrolling in college. The confiscation of my computer is impeding my progress and placing undue stress not only on me, but my new family.
Am I wrong in feeling like I'm being harassed here? My commander was angered about my situation before I was even notified about it and has filed a complaint in my behalf. But his superiors are telling him not to make a stink about it so that tells me that he probably isnt getting any support from above channels. So most likely his complaint will fall on deaf ears. Does anyone know what my real options are? Because nobody on this island seems to want to give me a straight answer. Thanks for any input or advice.
