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70 Cards in this Set
- Front
- Back
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What Constitutional amendment protects an individual against unreasonable search and seizure?
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Fourth
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It is strongly recomended that information given to establish probable cause for search should be given under oath.
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True
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Where may guidance on the military law of search and seizure be found?
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Military Rules of Evidence
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A probable cause to search is based on what factor?
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Believable information
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A senior noncommissioned officer who is an OIC may authorize a search?
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True
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The Jurisdiction to authorize a search includes what two elements?
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Person and Place
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What jurisdiction may be extended to the CO for an off-base search?
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Person
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What may be searched without probable cause
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A government owned car assigned to an individual
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Under what specific circumstances may a foreign agent search an area considered an extension of the sovereignty of the United States?
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When authorized by international aggrement.
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To whom the CO may delegate the power to authorize a search?
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Military Judge
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If a CO taking action on a search authorization feels he/she cannot remain neutral and detached in his/her decision. Who may then authorize the search?
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Next superior commander
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What are the two essential requirements for probable cause
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The property in question is what it is alledge to be and the property in question is located where it is alledge to be.
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In order to establish reliability, an informant's identity must be disclosed to the authorizing officer of the search?
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True
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What is true in regards to the written record of a search authorization?
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It is not mandatory, it helps prove the search was legal, it helps the parties involved review the case.
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What search is conducted to prevent the immediate loss of evidence of a crime?
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Exigency
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For a Consent search to be valid, in what specific manner must consent be given?
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Freely and Voluntarily
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Which search requires to inform the individual of their right to refuse?
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Consent search
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A consent search form executed by a suspected drug offender may be revoked at any time?
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True
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The consent to search form must be signed by how many witnesses?
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Two
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Nonconsesual instrusions into body cavities may be performed by...?
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A person with appropiate medical qualifications only
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Evidence of contraband obtained through normal physical evaluation may be seized?
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True
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A military working dog (MWD) reliability may be determined by which of the following method?
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The accuracy of the dog's alert in a controlled situation.
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What method is used to show that an inspection is not a subturfuge for a search?
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Conducting random inspections
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A military working dog is considered as what type of inspection aid?
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Natural
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What publication provides detailed guidance for the collection, analysis and use of urine samples?
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OPNAVINST 5330.4
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What would be required of a service member who is suspected of drug abuse?
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The member may be asked to consent to urinalysis testing, to sign a urinalysis consent form, an exigency search may be ordered.
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Approval may be granted by what authority to conduct a urine testing of an entire unit?
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Second-Echelon Commander
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Service-directed urinalysis testing falls under the authority of what official
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Chief of Naval Operations
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Surveillance testing is periodic command-oriented testing given to what personnel?
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Those who DO NOT participate in a drug rehabilitation program
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What is the only constant with regard to service-directed urinalysis testing
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May be considered the basis for administrative separation
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Major sources of military law of evidence.
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Statutes, Constitution, Scholarly writings
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Military courts derived their existence from what article of the Constitution
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Art. I
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What article of the UCMJ is considered the key that opens the door to the military law of evidence
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Art. 36
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Who has pescribed the rules of evidence for military personnel?
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President of the United States
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MRE are found in what source?
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Manual for Court-Martial
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Points of law of particular issues are interpreted by what judicial systems?
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Court of Military Review
Court of Military Appeal |
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What term is used to described the rules of evidence?
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Technicalities
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MRE are not applied to what judicial proceeding?
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Captain's Mast (Art. 15)
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Rules of Evidence are applicable to Court Martial by what MRE rule?
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Rule 101
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What is the ultimate issue at a trial by court-martial?
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Guilt or innocense of the accused.
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What is the broader meaning of the term Corpus Delicti
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Body or substance of crime
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In which offense must intent be proven?
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Burglary
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Evidence that the accused was drunk could constitute a defense for the commission of which of the following acts?
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Murder
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Evidence is divided into a total of how many basic forms?
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Three
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What type of evidence is a sworn testimony receive at trial
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Oral
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What type of evidence is a writing?
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Documentary
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What type of evidence is any physical object?
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Real
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What type of evidence are Photographs or X-rays
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Documentary
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What type of evidence is the "personal view" principle?
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Demonstrative
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A witness makes a gesture to convey information
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Oral
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When a document is to be introduced as evidence, what portion of the document must be submitted?
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The entire document.
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Evidence that is partly documentary and partly real is what category of evidence?
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Demonstrative
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Two types of evidence?
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Direct and Circumstantial
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A confession from an accused is what type of evidence?
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Direct
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Evidence that tends to establish a fact from which a fact in issue may be inferred is what type of evidence?
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Circumstantial
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Direct evidence is superior to circumstantial evidence?
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False
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Admissibility of evidence depends on what factor?
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Authenticity
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What is meant by authenticity of evidence?
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The genuine character of the evidence
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When a trial counsel and defense counsel agree that a certain item sought to be introduced into evidence is what it purports to be
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An authentication
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What is a definition of relevancy as applied to evidence?
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The information will reasonably tend to prove or disprove any matter in issue.
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Evidence that is relevant and not barred by any exclusionary rule is describe by what term?
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Competent
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Competency of evidence is a matter of whether or not the evidence can meet what test?
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Public policy, reliability, and undue prejudice only
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What is prima facie evidence?
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Evidence that is good and sufficient, on its face, to meet the issue if no other testimony is offered.
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How does the prosecution establish a prima facie case?
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By introducing enough evidence to outweight the general presumption that the accused is innocent.
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When, if ever, may a prima facie case be overthrown?
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When the accused introduces sufficient evidence in rubuttal
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What is meant by reasonable doubt?
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An honest and real doubt caused by insufficient proof
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Hearsay testimony is best described as what kind of evidence?
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Secondhand
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Evidence of other offenses or acts of misconduct may be introduced when the evidence tends to accomplish...?
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The edentity a person as the perpetrator of an offense, proves a plan of the accused, proves guilty knowledge or intent.
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Hearsay is generally not admitted as evidence?
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True
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Dying declarations of an alledge victim are excepted from what rule?
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Hearsay
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