Bottomline
Yes they can go through the room without the Soldier being present.
Discussion
The authority to perform walk-through or “health and welfare” inspections falls under the Commander’s inherent authority of maintaining good order and discipline of the unit. There is not a specific paragraph that authorizes this but it does fall under AR 600-20. Commanders have the inherent authority to ensure the Soldiers are living in a healthy environment and that the military quarters are maintained and clean.
What the Inspector Can and Cannot Do
This is always a touchy issue among Soldiers living in the barracks. The general rule is, yes, the Commander can authorize/order a walk-through of the barracks without the Soldiers present. However, the inspector can only observe what is in the open and cannot go through drawers, cupboards, closets, etc. Any contraband left in the open can be confiscated and used as evidence in any UCMJ or court martial proceedings. However, if the inspector opens a drawer and finds contraband inside, that evidence is not admissible as the inspector just went from an inspection to an unauthorized search.
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Special Thanks
To ECK our Legal SME for providing the response to this question.
Comments
Jawan Edwards
What FM or AR covers what a leader can and cannot do during a room inspection? Asking for a friend.
Mark Gerecht
There is no regulation. There is a difference between a search and an inspection. I would encourage you to contact your local JAG, IG, and MP, to get specific information papers on what constitutes a search as an inspection is not a search. Searches can only be authorized by the commander under specific requirements. On another note please stop by our YOUTUBE CHANNEL Mentor Military as it has tons of information on these type subjects and much more. If you like what you see please subscribe and tell your network. Respectfully TOP!