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September 19, 2020

A platoon sergeant (E-7) is walking through the barracks and

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. Is the marijuana admissible at the court-martial? Analyze the facts with the search and seizure rules, and explain your rationale. Your answer must be at a minimum 400 words.

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