A platoon sergeant (E-7) is walking through the barracks and smells what he believes to be marijuana seeping out into the hallway from a barracks room door. He immediately kicks in the door and finds PVT Smokey smoking marijuana. The platoon sergeant immediately begins looking in PVT Smokey’s wall locker and finds a huge bag of marijuana. PVT Smokey tells the platoon sergeant to get out of his room because he has privacy rights. PVT Smokey is now facing court-martial for Article 112a for illegally using and possessing marijuana. Using your textbook and the Manual for Courts-Martial (in your student resources), is the marijuana admissible at the court-martial?
Discuss the right to counsel in the military. Do servicemembers have the right to counsel? If so, when?