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69 Cards in this Set

  • Front
  • Back
What Constitutional amendment protects an individual against unreasonable search and seizure?

1. First
2. Fifth
3. Sixth
4. Fourth
4. Fourth
It is strongly recommended that information given to establish probable cause for search should be given under oath.

1. True
2. False
1. True
Where may guidance on the military law of search and seizure be found?

1. UCMJ
2. MCM, Appendix 14
3. U.S. Constitution
4. Military Rules of Evidence
1. UCMJ
A probable cause to search is based on what factor?

1. A preponderance of the evidence
2. Believable information
3. Actual data
4. Genuine basis
2. Believable information
A senior noncommissioned officer who is an OIC may authorize a search.

1. True
2. False
1. True
The jurisdiction to authorize a search includes what two elements?

1. Authority and neutrality
2. Person and property
3. Place and property
4. Person and place
4. Person and place
Which, if any, of the following jurisdictional considerations may be extended to a CO for an off-base search?

1. Place
2. Person
3. Property
4. None of the above
2. Person
Which, if any, of the following areas may be searched without probable cause?

1. A locker in a BEQ room
2. A government-owned car assigned to an individual
3. The desk of an individual
4. None of the above
2. A government-owned car assigned to an individual
Under what specific circumstance may a foreign agent search an area considered an extension of the sovereignty of the United States?

1. When in pursuit of a known felon
2. Only when assigned by a U.S. State Department representative
3. When authorized by international agreement
4. When probable cause is presented
3. When authorized by international agreement
To which of the following persons may a commanding officer delegate the power to authorize a search?

1. Military judge
2. Officer of the day
3. Command duty officer
4. Chief Master-at-Arms
1. Military judge
A commanding officer taking action on a search authorization feels he cannot remain neutral and detached in his decision. Who may then authorize the search?

1. Legal officer
2. Executive officer
3. Command duty officer
4. Next superior commander
4. Next superior commander
The factual basis requirement for probable cause is met when an individual reaches which of the following conclusions?

1. The property in question is what it is alleged to be
2. The property in question is located where it is alleged to be
3. Both 1 and 2 above
4. The property in question is in fact the means or fruit of a crime
3. Both 1 and 2 above
With regard to probable cause determination, an informant’s identity must be disclosed to the authorizing officer in order to establish reliability.

1. True
2. False
1. True
Which of the following statements is/are true regarding the written record of search authorization?

1. It is not mandatory
2. It helps prove the search was legal
3. It helps the parties involved review the case
4. All of the above
4. All of the above
Of the following types of searches based on probable cause, which one should be conducted when immediate action is necessary to prevent loss of evidence of a crime?

1. Urgent
2. Exigency
3. Immediate
4. Stop and frisk
2. Exigency
For a consent search to be valid, in what specific manner must the consent be given?

1. Freely and voluntarily
2. In the face of authority
3. Intelligently and freely
4. Informally and voluntarily
1. Freely and voluntarily
Of the following search situations, which one requires the Navy to inform the individual of his or her right to refuse?

1. Before a stop and frisk search
2. When under the face of authority
3. Before every consent search
4. When a consent urinalysis is requested
4. When a consent urinalysis is requested
A consent to search form executed by a suspected drug offender may be revoked at any time.

1. True
2. False
1. True
The consent to search form must be signed by the person being searched and how many witnesses?

1. One
2. Two
3. Three
4. Four
2. Two
During a stop and frisk situation, to what extent may a person search another individual?

1. An internal search of all garment pockets
2. A pat down or frisk of the outer garments
3. The removal of clothing and shoes
4. The emptying of pockets and a check under the beltline
2. A pat down or frisk of the outer garments
A search incident to a lawful apprehension is limited to which of the following places?

1. The individual person
2. The person’s clothing
3. The places that can be reached by the individual
4. All of the above
4. All of the above
Nonconsensual intrusions into body cavities may be performed by which of the following personnel?

1. Brig personnel only
2. Police personnel only
3. A person with appropriate medical qualifications only
4. All personnel in an exigency basis
3. A person with appropriate medical qualifications only
Evidence of contraband obtained through a normal physical evaluation may be seized.

1. True
2. False
2. False
A military working dog’s reliability may be determined by which of the following methods?

1. The accuracy of the dog’s alert in a controlled situation
2. The dog’s record of training
3. The amount of training conducted between the dog and handler
4. The previous performance of the handler
1. The accuracy of the dog’s alert in a controlled situation
What term identifies an examination conducted for the purpose of ensuring security, military fitness, and good order and discipline of an organization?

1. Inventory
2. Inspection
3. Gate search
4. Shakedown search
2. Inspection
What method is used to show that an inspection is not a subterfuge for a search?

1. Scheduling inspections in advance
2. Scheduling inspections on weekends
3. Conducting random inspections
4. Conducting unannounced inspections
3. Conducting random inspections
A military working dog is considered as what type of inspection aid?

1. Natural
2. Biological
3. Technological
4. Human assisted
1. Natural
Some of the major sources for the military law of evidence are found in which of the following documents?

1. Statutes
2. Constitution
3. Scholarly writings
4. All of the above
4. All of the above
The military courts derive their existence from what article of the Constitution?

1. Article I
2. Article II
3. Article III
4. Article IV
1. Article I
What article of the UCMJ is considered the key that opens the door to the military law of evidence?

1. 6
2. 15
3. 36
4. 40
3. 36
Who has prescribed the rules of evidence for military personnel?

1. President of the United States
2. Chief of Naval Operations
3. Judge Advocate General
4. Secretary of the Navy
1. President of the United States
The military rules of evidence (MRE) are found in what source?

1. JAG Manual
2. Navy Regulations
3. U.S. Constitution
4. Manual for Courts-Martial
4. Manual for Courts-Martial
Points of law on particular issues are interpreted by what judicial system(s)?

1. Court of Military Review
2. Court of Military Appeal
3. Both 1 and 2 above
4. Federal District Courts
3. Both 1 and 2 above
Of the following terms, which one is sometimes used to describe the rules of evidence?

1. Issues
2. Elements
3. Technicalities
4. Interpretations
2. Elements
The MRE are NOT applied to what judicial proceeding?

1. General court-martial
2. Special court-martial
3. Summary court-martial
4. Captain’s mast
4. Captain’s mast
The rules of evidence are made applicable to courts-martial by what MRE?

1. 15
2. 31
3. 101
4. 133
3. 101
What is the ultimate issue at a trial by court-martial?

1. Guilt or innocence of the accused
2. Innocence of the accused only
3. Guilt of the accused only
4. Rights of the accused
1. Guilt or innocence of the accused
What is the broader meaning of the term corpus delicti?

1. Murder victim
2. Element of an offense
3. Body or substance of crime
4. Fundamental facts connected with an illegal act
4. Fundamental facts connected with an illegal act
In which of the following offenses must intent be proven?

1. Rape
2. Burglary
3. Drunkenness
4. Neglect of duty
2. Burglary
Evidence that the accused was drunk could constitute a defense for the commission of which of the following acts?

1. Rape
2. Arson
3. Murder
4. Larceny
4. Larceny
An accused is required to assume the burden of proof to show innocence to which, if any, of the following offenses?

1. Rape
2. Arson
3. Neglect of duty
4. None of the above
4. None of the above
Evidence is divided into a total of how many basic forms?

1. Five
2. Two
3. Three
4. Four
3. Three
Sworn testimony received at trial

1. Documentary
2. Real
3. Demonstrative
4. Oral
4. Oral
A writing that is offered into evidence

1. Documentary
2. Real
3. Demonstrative
4. Oral
1. Documentary
Any physical object offered into evidence

1. Documentary
2. Real
3. Demonstrative
4. Oral
3. Demonstrative
Photographs and X-Rays

1. Documentary
2. Real
3. Demonstrative
4. Oral
1. Documentary
The “personal view” principle

1. Documentary
2. Real
3. Demonstrative
4. Oral
3. Demonstrative
A witness makes a gesture to convey information

1. Documentary
2. Real
3. Demonstrative
4. Oral
1. Documentary
The courts assume that Department of Defense documents are genuine.

1. True
2. False
1. True
When a document is to be introduced as evidence and only part of it is to be read to the court, what portion of the document must be submitted?

1. The entire document
2. The cover of the document and that portion to be read only
3. The section or chapter of the document containing the portion to be read only
4. The portion to be read only
1. The entire document
A knife used to take the life of a victim is what form of evidence?

1. Real
2. Indirect
3. Documentary
4. Demonstrative
1. Real
Evidence that is partly documentary and partly real is what category of evidence?

1. Oral
2. Partial
3. Indirect
4. Demonstrative
4. Demonstrative
What are the two types of evidence?

1. Direct and indirect
2. Admissible and indirect
3. Direct and circumstantial
4. Circumstantial and admissible
3. Direct and circumstantial
A confession from an accused is what type of evidence?

1. Real
2. Direct
3. Demonstrative
4. Circumstantial
2. Direct
Evidence that tends to establish a fact from which a fact in issue may be inferred is what type of evidence?

1. Real
2. Direct
3. Demonstrative
4. Circumstantial
4. Circumstantial
Direct evidence is superior to circumstantial evidence.

1. True
2. False
1. True
Admissibility of evidence depends on what factor(s)?

1. Relevancy
2. Competency
3. Authenticity
4. All of the above
4. All of the above
What is meant by the authenticity of evidence?

1. The identity of the evidence
2. The admissibility of the evidence
3. The genuine character of the evidence
4. The relevancy of the evidence
3. The genuine character of the evidence
A trial counsel and defense counsel agree that a certain item sought to be introduced into evidence is what it purports to be. What is this agreement called?

1. A stipulation
2. An authentication
3. A mutual gesture
4. An attestment
1. A stipulation
What is a definition of relevancy as applied to evidence?

1. The evidence has been accepted by the court as admissible
2. The information will reasonably tend to prove or disprove any matter in issue
3. The evidence has been proven to be competent
4. The identity of the evidence has been authenticated
2. The information will reasonably tend to prove or disprove any matter in issue
Evidence that is relevant and not barred by any exclusionary rule is described by what term?

1. Relevant
2. Competent
3. Authentic
4. Stipulation
2. Competent
Competency of evidence is a matter of whether or not the evidence can meet what test(s)?

1. Public policy, reliability, undue prejudice, and relevancy
2. Public policy, reliability, and undue prejudice only
3. Public policy and reliability only
4. Public policy only
2. Public policy, reliability, and undue prejudice only
What is prima facie evidence?

1. Evidence that will prove or disprove any matter in issue
2. Evidence that is admissible as fit and appropriate proof in a particular case
3. Evidence that would be objectionable as irrelevant
4. Evidence that is good and sufficient, on its face, to meet the issue if no other testimony is offered
4. Evidence that is good and sufficient, on its face, to meet the issue if no other testimony is offered
How does the prosecution establish a prima facie case?

1. By introducing enough evidence to outweigh the general presumption that the accused is innocent
2. By providing enough good evidence against the accused to ensure an airtight case
3. By shifting the burden of proof to the accused
4. By presenting evidence that is entirely circumstantial
1. By introducing enough evidence to outweigh the general presumption that the accused is innocent
When, if ever, may a prima facie case be overthrown?

1. Upon an appeal of the trial
2. When the accused introduces sufficient evidence in rebuttal
3. When the accused objects to the evidence that is presented
4. Never
2. When the accused introduces sufficient evidence in rebuttal
What is meant by reasonable doubt?

1. An honest and real doubt caused by insufficient proof
2. Proof beyond the possibility of mistake
3. Doubt caused by a fault-finding attitude
4. Doubt caused by moral attitude
1. An honest and real doubt caused by insufficient proof
In a case involving drunkenness, which of the following statements would be admissible?

1. The accused was drunk the day before that specified
2. The accused is known to be a heavy drinker
3. The accused was in the company of others who were drunk
4. The accused had been drinking a short time prior to that specified
4. The accused had been drinking a short time prior to that specified
Evidence of other offenses or acts of misconduct may be introduced when the evidence tends to accomplish which of the following actions?

1. Identifies a person as the Perpetrator of an offense
2. Proves a plan of the accused
3. Proves guilty knowledge or intent
4. All of the above
4. All of the above
Hearsay testimony is best described as what kind of evidence?

1. Overruled
2. Secondhand
3. Presumptive
4. Prima facie
2. Secondhand