An inspection must never be a "cover up" for a search for which there is no "probable cause." Remember the
"Fruit of the Poisonous Tree" doctrine? This states that evidence obtained from an illegal act cannot be admitted
into court. Evidence obtained from an inspection which is a cover up for a search will result in evidence being
excluded from court.
To eliminate this problem, schedule inspections far in advance. In this way, an inspection cannot be a cover up
for a search for which there is no "probable cause."
Another type of inspection is a "health and welfare" inspection. This is used to make sure that personnel and
equipment are "at the ready."
GATE INSPECTIONS
Guard personnel may inspect persons, their property, and vehicles at installation entry and exit points. People
entering an installation must be informed that they are subject to inspection. This can be done by posting a clearly
displayed sign. In a foreign country, the sign should read in the host language and English.
When a commander establishes a gate inspection program, he or she should state:
o
Purpose of the program.
o
Scope of the inspection.
o
How the program should be carried out.
If an apprehension follows a gate inspection, a more extensive search can be made. Refer back to the "Searches
Incident to Apprehension" portion of this subcourse.
Incoming civilian personnel cannot be inspected if they object. However, they will be denied entry to the
installation. However, incoming military personnel can be inspected over their objection. Reasonable force may
be used, if necessary, to conduct such an inspection.
Exiting civilians can be inspected over their objection. Reasonable force may be used if necessary. If an MP
must use reasonable force, he or she must notify the commander at once.
Civilian personnel who are found to have unlawful weapons, contraband, or evidence of a crime should be
detained. Detained civilian personnel should be transferred to civilian authorities as soon as possible.
Evidence obtained should be safeguarded. The topic of "evidence and its storage" will be discussed in detail later
during this subcourse. As soon as civilian personnel are secured, notify the office of the staff judge advocate.
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