Wrongful Search by a Military Fire Department

[otherwayplz]

I'm active duty serving overseas in germany. A few weeks ago the local fire department entered my home along with my unit commander ( when I say entered they drilled out my lock on my front door) Under the suspicion that I was going to hurt myself. I was at the bar drinking with buddies at this time. They apparently found some steroid vials that I had left in my kitchen. My question is did they have the right to enter my own under that suspicion and is that evidence admissible in court. FYI I live off post in private quarters. Thanks.

[Mr. Knowitall]

This is a German fire department entering a private home in Germany? You're going to need to speak to a German lawyer.

[otherwayplz]

Well, I'm being prosecuted by the us government.

Also is suspicion of suicide probable cause to enter a private residence?

[jk]

are you being prosecuted by the military? and what is the charge?

but for sake of an answer; the (US) police can make entry of a housing unit by force if there are exigent circumstances. If they believed you were inside and had intentions of harming yourself and had not answered the door, their entry was legal. Evidence of illegal acts discovered during a search for you would generally be admissible. If they are required to apply US law to the situation, then it sounds like it may be legit. If they rules of evidence of Germany apply, you will have to find those.

[BOR]

Aren't you subject to the UCMJ on or off base?

Military law, even here in the US, is quite different from 4th AM applications for citizens.

Does the UCMJ permit such entry as described? That is the Q, the fact the police were acting in concert is not relevant.

[otherwayplz]

yes, I'm being charged by the military. They have not formally charged me with anything. However I believe it will possession of controlled substance Schedule III I believe. As far as the entry is concerned it was the German fire dept entering under request from my commanding officer, I live in private quarters mind you.

[aardvarc]

As JK pointed out, exigent circumstances when an individual is believed to potentially be a danger to themselves provide great leeway for warrantless ENTRY, under US law. Anything laying around in plain view is typically going to be game, and OTHER circumstances can exist where even things searched for as part of a potential MEDICAL issue, as opposed to a LAW ENFORCEMENT issue may also be game (ie paramedics responding to a potential overdose or suicide attempt can generally search things and places where potential medications can be found - in the interest of identifying the problem and potentially saving the patient's life). If fire/medical personnel find illegal substances as part of their response, they can turn it over to law enforcement. If a criminal case is ever brought, the remedy is for the defense to try argue that the evidence should be suppressed. German law may differ, so admissibility of the found contraband will depend on whether any charges that eventually materalize are brought against you by the German governement, the military, or both.

[otherwayplz]

That's what I kinda figured. I'm fairly certain I'm going to get burned regardless. Thanks for the advice though, really do appreciate it.

[otherwayplz]

Mods can you please delete this thread please!

[respiol]

I'm active duty serving overseas in germany. A few weeks ago the local fire department entered my home along with my unit commander ( when I say entered they drilled out my lock on my front door) Under the suspicion that I was going to hurt myself. I was at the bar drinking with buddies at this time. They apparently found some steroid vials that I had left in my kitchen. My question is did they have the right to enter my own under that suspicion and is that evidence admissible in court. FYI I live off post in private quarters. Thanks.

Like you said your active duty and your commanding officer had a reasonable suspicion that you where going to/had caused harm to yourself aka:suicide attempt the military takes suicide very seriouly and spends millions of dollars a year on it pervention and training so yes your commanding officer had every right to enter your residence without a search warrent things like this are covered under our SOFA agreement with Germany also you stated that it is private qtrs but is this PPV housing or some other sort of rental agreement where you are only charged for your BAH simliar to base housing or is this a completely private lease not that it really matters cause of the reason for thier entry and like you said you left Steroid vials out in plain view not in a cabnet that was closed or a drawer that was shut you could face charges under UCMJ Articles 92, 108, 112a and last but not least 134 the catch all artical for anything else they can think of depending on your service up till that point and you are most likley looking at an OTH plus loss of all vet benfits including post 9/11 GI bill