Legal Question in Military Law in North Carolina

Search and seizure on non military personnel

I am a contractor for the United States Army in Iraq. The company I work for has a separate living area from the rest of the military personnel. A couple nights ago the Army came down and did a targeted Health and Welfare Inspection on our living area. Our contract does not state that we will be subject to such inspections. Also since we are not in an official war the civilian contractors do not fall under the UCMJ. The Army went through everyone's personal belongings looking for weapons and/or alcohol. This inspection was done without informing anyone from our company whether here in Iraq or back at headquarters. The CID here was not informed. I am not fully sure that the contracting officer was informed either. We all feel violated now that the Army feels they can invade our space whenever they feel. Many of us are planning on contacting a civilian lawyer. The official reports of probable cause and the findings are going to be made available to us sometime this week. Is it lawful for the military to authorize searches of civilian (non government employees) living quarters? Would this be considered a breach of contract? Since our specific company was targeted, would this classify as discrimination as well?


Asked on 5/10/04, 6:46 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Search and seizure on non military personnel

This is a very difficult issue of law, and I frankly do not know the answer. The answer, if it is to be found, is to be found in the terms of the contract and in the rules of administration of the interim government of Iraq. I would urge you to consult an attorney for your company, preferably your general counsel, and seek guidance from them.

Generally, without being in the US, the US law of search and seizure would not apply, and the law of Iraq on the issue of lawful search would apply. I have no idea what that is.

I would suggest to you that the issue of breach of contract is not a clear as you might think, and for that reason the language of the contract becomes very important.

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Answered on 5/11/04, 10:23 am


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