United States v. Gilbert

I respectfully dissent.

While I agree that the marijuana was lawfully seized from appellant by Sergeant McGee, I am constrained to conclude that the substance methamphetamine was not.

Sergeant McGee, while functioning as his company’s duty NCO, stumbled upon the casually seated grouping of appellant and two companions in a barracks squadbay. With his presence going unnoticed for several seconds, Sergeant McGee was able to observe a plastic bag on appellant’s lap which appeared to contain green vegetable matter. During this period of observation Sergeant McGee’s impression of the nature of this…