Remember, so long as the inspection serves a legitimate purpose and is reasonably conducted, the
courts will uphold it, and any evidence found will be admissible. In one case, during a scheduled health
and welfare inspection, the commander entered a room, only to detect the odor of marijuana. The odor
was so intense that "it was necessary to open a window to ventilate the room." The commander then
authorized a search of the room. The court held that the commander "planned to inspect as he had
frequently done in the past...While we are aware of the appellant's reasonable expectation of privacy in
his barracks room, we are unaware of any requirement for a unit commander to obtain the occupant's
approval to conduct a military inspection in his room relating to readiness, security, living conditions,
personal appearance, or a combination of these or other categories...Captain Glover was where he had
a right to be when he was virtually overwhelmed by the odor of marijuana." U.S. v. Lopez, 6 MJ 981
(ACMR, 1979).
In U.S. v. Ellis, 24 MJ 370 (CMA, 1987), the court explained that "military inspections ordered for
the purpose of insuring sanitation and cleanliness, security, military fitness, or good order and discipline
do not violate any reasonable expectation of privacy which a servicemember might otherwise have in
the area to be inspected." At the same time, "the reasonableness of an inspection is determined by
whether the inspection is conducted in accordance with the commander's inspection authorization, both
as to the area to be inspected...and as to the inspection." If the inspection goes beyond the
commander's order, "either as to area or purpose," then the "inspection will be treated as a search
requiring the existence of probable cause.
e. Restricted areas. The concept of reasonableness is not a rigid one; rather, it will vary with
the specific facts of a case. In terms of what is a reasonable inspection, you must take into account the
particular area wherein the inspection takes place. As an example, AR 190-11 covers Physical
Security of Arms, Ammunition, and Explosives. Storage areas for such materials are to be designated
and posted as restricted areas (paragraph 4-4). In connection with these actions, "entry and exit
procedures will include checks of personnel and vehicles for unauthorized material...upon exiting, all
vehicles will be thoroughly inspected to ensure that only authorized material is being removed."
(Paragraph 5-9.)
A restricted area is one "to which entry is subject to special restrictions or control for security
reasons or safeguarding property or material." These may be of different types, depending "on the
nature and varying degree of importance, from a security standpoint, of the security interest or other
matter contained therein." (AR 380-20, paragraph 5a.) Where "conditions warrant" such, the
installation commander "will designate restricted areas to protect classified defense information or
safeguard property or material for which they are responsible." (AR 380-20, paragraph6a.) The
commander "will post signs and notices in conspicuous and appropriate places." A warning will state
"Restricted Area," and the fact that the "fort, range, plant, etc." has been declared a restricted area. It
will also explain that "all persons entering herein are liable to search." (AR 380-20, paragraph 6c.)
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