What Commanders Can and Cannot Do During a Military Investigation FAQs
Overview
Service members often ask what authority a commander has during an investigation and where the limits of that power begin under the UCMJ. Commanders have broad discretion to order inquiries, control the workplace, and protect good order, but they must avoid actions that appear punitive before any finding is made. Understanding these boundaries helps service members protect their rights and avoid missteps that can affect the outcome of the case. For general guidance on command authority, service members may also review information available through the official Navy JAG Corps.
Frequently Asked Questions
Can my commander question me directly during an investigation?
A commander may ask general administrative questions, but any questioning intended to elicit incriminating information requires Article 31(b) rights advisement. You are not required to answer substantive questions without rights warnings. You may respectfully decline until you have spoken with counsel.
Can a commander order me to provide a written statement?
Commanders can request a written statement, but you cannot be compelled to provide one that is self incriminating. Declining to provide a statement does not violate the UCMJ. Exercising this right early can prevent misunderstandings during a command-directed inquiry.
Can my commander restrict my liberty during an investigation?
A commander may impose reasonable conditions such as restricting access to certain locations or individuals. Liberty restrictions that resemble punishment require higher legal thresholds. Any severe restriction, such as pretrial restraint, must follow proper procedures under the UCMJ.
Can a commander remove me from my normal duties?
Temporary reassignment is permitted when aimed at protecting the unit or the integrity of the investigation. It cannot be used as disguised punishment. If the reassignment feels retaliatory, consult counsel immediately.
Can my commander discuss my case with other unit members?
Commanders may share limited information on a need-to-know basis to run the unit or advance the inquiry. Public commentary or statements that imply guilt are not permitted. Unlawful command influence can occur when comments pressure witnesses or taint the process.
Can a commander order me not to talk to certain people?
Yes, a commander may issue no-contact orders to protect witnesses or preserve evidence. These orders must be narrowly tailored. Violating the order can lead to separate UCMJ consequences.
Can my commander search my belongings?
Commanders can authorize searches when there is probable cause or when an exception applies. Any search must comply with military search and seizure rules. If you believe a search was improper, raise the issue with counsel.
Can a commander compel me to take a polygraph?
A polygraph may be offered but cannot be compelled. Declining to take one cannot be used as proof of guilt. Polygraph results are generally not admissible at trial.
Can my commander talk to my family about the investigation?
Commanders rarely have a legitimate reason to involve family. Contact that pressures or influences your family could violate regulations. If this occurs, document it and speak with a defense lawyer.
Can a commander start adverse administrative action before an investigation ends?
Some administrative steps may begin if they are unrelated to the allegations, but punitive or career altering actions tied to the allegations must usually wait. Premature administrative measures can raise fairness concerns. Early legal guidance can protect against improper actions.
Can my commander bar me from reenlistment during an investigation?
A temporary bar may be issued when there are unresolved allegations. A bar should not be used solely to punish. You may rebut the action with the help of counsel.
Can a commander deny leave while an investigation is ongoing?
Commanders can deny leave if your presence is essential or if your absence would harm the investigation. Leave decisions must be reasonable and not punitive. Documentation of the denial may be important later.
Can my commander punish me before a finding is made?
No, pre-punishment is prohibited. Command actions must relate to unit needs, safety, or investigative integrity. Any action that feels punitive may warrant legal review.
Can a commander talk directly with investigators about my case?
Yes, commanders work with investigators to provide information and administrative support. They must avoid directing investigators to reach a certain outcome. Undue pressure on investigators can raise unlawful command influence issues.
Can a commander read my private communications?
Private communications require proper legal authorization to access. Routine workplace monitoring may occur on government systems. Personal devices generally require a valid search authorization.
Can my commander suspend my security clearance based on an investigation?
Commanders may recommend interim suspension when allegations raise trust concerns. Clearance decisions follow separate regulations. A suspension is not a determination of guilt.
Can a commander initiate multiple investigations for the same conduct?
A commander may direct follow up inquiries if earlier efforts were incomplete. Duplicate investigations used to pressure a service member may be improper. Counsel can help identify unfair duplication.
Can a commander order a command-directed mental health evaluation?
Commanders can order evaluations under specific rules to assess fitness or safety. These evaluations must follow procedural safeguards. Results should not be used as evidence of guilt.
Can my commander prevent me from consulting with a lawyer?
No, service members have the right to consult defense counsel during any investigation. Interference with counsel access is prohibited. Early legal advice is often critical.
Can a commander recommend charges before the investigation is complete?
Recommendations should be based on available evidence and legal advice. Premature recommendations can raise fairness concerns. Defense counsel can challenge unsupported command actions.
Related Military Defense Resources
Service members facing command investigations often benefit from understanding how their rights apply in daily interactions with leadership. Additional guidance can be found by reviewing resources on military investigation rights and the process for responding to command directed investigations. Those navigating complex or repeated inquiries may also consider the information provided on defense services for military investigations.
When to Get Legal Help
Legal issues escalate quickly once a command investigation begins, and early decisions can affect your career and the direction of the case. Counsel can help prevent avoidable errors, particularly when command actions appear unclear or overly aggressive. Do not wait for charges or administrative measures before seeking guidance.
TLDR Short Answer
Commanders may manage the workplace, safeguard the unit, and coordinate with investigators, but they cannot compel incriminating statements, impose punishment before findings, or interfere with legal rights. Understanding these boundaries helps service members avoid missteps that can later become evidence. Early legal advice ensures you respond appropriately to orders, questioning, and administrative actions. Gonzalez & Waddington are experienced civilian military defense lawyers with extensive UCMJ trial work, national instruction, and published contributions to military justice. Contact Gonzalez & Waddington at 1-800-921-8607 for confidential guidance.
Bottom Line from Experienced Military Defense Lawyers
Command authority during an investigation has limits, and recognizing those limits protects your rights and career. Informed decisions made early often determine the outcome of a case. For guidance from experienced civilian military defense lawyers, contact Gonzalez & Waddington at 1-800-921-8607.
