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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26281
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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my daughter is a staff sgt in the Marines. Her 1st sgt requested

Resolved Question:

my daughter is a staff sgt in the Marines. Her 1st sgt requested to see her bank statements, text messages, earnings for her second job, came to her home to view her living quarters, wants to know who she spends time with after work, what and where she spends her money. Can they legally request this information from her? She has done nothing wrong.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me why? Is she suspected of a crime?
Customer: replied 1 year ago.

No. She recently was sexually assaulted by a member of her unit. She did not press charges or file a claim against him but everyone in the unit knew about it. She has been late to duty a few times but her job performance has been outstanding. 2 years ago she received the Navy Commendation for Meritorious Service Award. She has served for 16 years.

Expert:  P. Simmons replied 1 year ago.
Thank you.

One more....is this pursuant to an official investigation? or do you know?
Customer: replied 1 year ago.

No investigation and he stated she hasn't been charged with anything - that he is looking out for her welfare.

Expert:  P. Simmons replied 1 year ago.
This sounds odd...sounds like an investigation. Under Art 31 ucmj, requires that the military advise a suspect of their rights prior to questioning.

So if this is an investigation? She should be apprised of her right to remain silent.

If the do not do this? That could be a basis for excluding her statements.

But what you describe it sure sounds like they are performing an investigation. I would advise her to not consent. Only a commander with probable cause can order a search. So unless or untilled she ordered she can refuse to consent. I would.

The commander can only order if he has evidence she is guilty of a crime...and even then there are limits to what can be searched.

As a Marine, the base she is at will have a "defense" section of the legal shop. THere are defense lawyers who can chat with her and advise her personally. SHe may want to head there and chat with one.


BotXXXXX XXXXXne: The information you describe...the 1st Sgt demanding to review her records/home? I would not agree to this. I would politely decline. If the commander orders it? Then it may be she has to agree..but that will only happen if they have evidence she is guilty of a crime



P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26281
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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