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-   -   Illegal search (https://www.askmehelpdesk.com/showthread.php?t=577570)

  • May 22, 2011, 06:02 AM
    michaelvh
    Illegal search
    My room and my personal locker are locked at all times. Yet the are continually searching this areas all the time without me being present. Is there anything I can do. Mind you I have never signed any consent form giving them permission to search my personal effects that are locked up. Thank you, Michael
  • May 22, 2011, 06:09 AM
    JudyKayTee

    Why is this posted under computer/windows?

    At any rate, yes, the VA has the right to search your belongings. It's much the same as entering any public building.

    They don't need your consent. In my area the VA also works with drug sniffing dogs.
  • May 22, 2011, 06:39 AM
    Fr_Chuck

    Moved to criminal law.


    They do not need your consent in a shelter.
  • May 22, 2011, 07:07 AM
    excon
    Quote:

    Originally Posted by JudyKayTee View Post
    At any rate, yes, the VA has the right to search your belongings. It's much the same as entering any public building.

    Hello:

    I'm missing something here... I don't disagree about ingress and egress to a public building... But, if he's a RESIDENT of a VA facility, he didn't give up his Constitutional rights... Same thing with a shelter.

    Somebody help me out.

    excon
  • May 22, 2011, 07:25 AM
    Fr_Chuck

    Actually normally just like going into any program, he does sign away rights to allow this. I doubt he knew or knows what he signed before. You don't enter those programs without signing many papers
  • May 22, 2011, 07:33 AM
    excon

    Hello Padre:

    Fortunately, I've never been in the VA or a shelter... Furthermore, I don't doubt they REQUIRE a signature on a document that purportedly says you WAIVE your rights...

    But, I wonder, if challenged in court, whether services for the poor can be denied if one REFUSES to give up a Constitutional right.

    I'll bet not. You?

    excon

    PS> (edited) The same holds true for the recent law passed by the fascist governor of Florida when he said that ANYBODY applying for food stamps or welfare WILL BE tested for drugs and be FORCED to PAY for the test...

    That'll never fly. I know, Judy... This isn't a discussion board... So, take away my rights...
  • May 22, 2011, 07:56 AM
    ScottGem

    Maybe I'm missing something to, but where did the OP say where his room and personal locker are? I don't see any reference to the VA or a resident shelter or anything. I think we need to know where the OP lives before we can judge. For example this may be a halfway house and the OP is on parole or probation. In such a case it is probably a condition of his parole/probation that searching be allowed. So we really need to know where the OP lives.
  • May 22, 2011, 08:07 AM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem View Post
    Maybe I'm missing something to, but where did the OP say where his room and personal locker are? I don't see any reference to the VA or a resident shelter or anything. I think we need to know where the OP lives before we can judge. For example this may be a halfway house and the OP is on parole or probation. In such a case it is probably a condition of his parole/probation that searching be allowed. So we really need to know where the OP lives.

    The title got changed when it got moved from computers. He's in a VA program, some sort of Government-sponsored program.

    It's a homeless shelter (according to original post).

    And, yes, the VA DOES require a signature allowing "them" all sorts of rights. Same with the homeless shelters in my area (I volunteer in one). Is it legal? I don't know. If you don't allow "inspections" are you allowed to stay? No.

    We, of course, would need to see whatever documentation OP signed when he moved in.

    (excon, I am willing to negotiate your civil rights. Let me know your terms. I think my civil rights are violated every time I get on an airplane. No one much cares. I think the "Florida" requirements would be a good topic for discussion. I totally agree with you. I also believe - and I'd have to find it - that the Governor does not find addiction to be a medical problem; therefore, he believes that anyone with an addiction should not be able to collect benefits. The other half of this argument is that alcoholics by "virtue" of their disease can collect SSD with very little effort. Yes, open a discussion!)
  • May 22, 2011, 08:10 AM
    ScottGem
    Quote:

    Originally Posted by JudyKayTee View Post
    The title got changed when it got moved from computers. He's in a VA program, some sort of Government-sponsored program.

    Ahhhh, I see!

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