Law 6 Weeks

Front 1

True or False: Military law does not recognize a privacy right in government quarters.

Back 1

False. See US v. Kaliski, pg 79

Front 2

IT2 Jones is on Liberty in the Gaslamp District of San Diego. After consuming over eight beers, he is visibly intoxicated and begins urinating in public. IT2 Jones is arrested by San Diego Police for public intoxication. San Diego police during the course of the arrest discover an eigth of an ounce of marijuana in IT2 Jones' pocket. What describes the lawful basis for introducing the evidence of marijuana at IT2 Jones' trial for drug possession?

Back 2

IT2 Jones may be searched incident to lawful arrest. See Chimel in AZ v. Gant.

Front 3

The three part test to determine whether conduct constitutes a "Search" for Fourth Amendment purposes is:

Back 3

Government actor, on a quest for evidence, when there is a reasonable expectation of privacy.

Front 4

True or False: An examination directed immediately following a report of a specific offense, specific individuals are selected for examination, and the persons examined are subjected to substantially different intrusions is an inspection under Military Rule of Evidence 313.

Back 4

False. See MRE 313.

Front 5

The Officer of the Day (OOD) 2ndLt Jones is conducting his tour of the Barracks area while on duty. He hears a loud noise and a scream coming from one of the barracks rooms. He opens the door and sees that LCpl Thumbs denotated a blasting cap in the room. While 2ndLt Jones ensures that Lcpl Thumbs is OK he observes what appears to be a majiuana pipe smoldering on the desk. The admission of the Marijuana evidence at trial would be admissible because:

Back 5

2ndLt Jones lawfully entered the barracks under the circumstances and observed the evidence in "plain view." 2ndLt Jones may lawfully enter the room either by the emergency aid doctrine or the exigent circumstances exception. Once 2ndLt Jones is in the room, evidence of contraband in "plain view" may be seized.

Front 6

True or False: It is lawful to place a servicemember in pre-trial restraint/confinement to deter others in the command from committing similar misconduct.

Back 6

False.

Front 7

A court martial panel is made up of four members, one officer and three enlisted. This court martial must be a:

Back 7

A Special Court Martial. Special Court Martial must have a minimum of 3 members, General Court Martial must have a minimum of 5 members, and a Summary Court Martial is only one officer.

Front 8

The statute of limitations for persons charged under Article 15 (Captain's Mast) is:

Back 8

2 years. See Article 43 (Statute of Limitations) in the UCMJ.

Front 9

True or False: A conviction for any offense under the UCMJ requires a unanimous vote by all members of the court-martial concurring in the finding of guilty.

Back 9

False. See UCMJ Section 852, Art 52

Front 10

True or False: A Marine Corps Colonel who has been retired for five years is arrested for possession of Child Pornography. The retired colonel may be tried under the UCMJ.

Back 10

True. See Art 2 (4)

Front 11

True or False: The Special Court Martial Convening Authority may not change the sentence awarded by a court martial for any reason.

Back 11

False. See Art 60 (Actions by Convening Authority). In addition to approving a sentence, the Convening Authority may suspend, disapprove, or commute a sentence in whole or in part.

Front 12

True or False: A Court-Martial must be composed of servicemembers who are peers of the accused.

Back 12

False. See U.S. v. Morrison II, pg 34.

Front 13

A Court Martial Panel has 7 members for a Hospital Corpman (HM3) accused of unlawful drug use under Article 112a. The accused requests enlisted members on the panel. What is the minimum number of enlisted personnel required for this Court Martial?

Back 13

3. An enlisted accused is entitled to at least 1/3 enlisted members if requested.

Front 14

The authorized kinds of courts-martial in the armed forces under the UCMJ are:

Back 14

Summary Court-Martial, Special Court-Martial, and General Court-Martial.

Front 15

If a convening authority of a court-martial attempts to reprimand, counsel, or admonish any member, military judge or counsel with respect to the findings or sentence adjudged, the convening authority is:

Back 15

Potentially engaged in unlawful command influence. See UCMJ Section 837, Art 37.

Front 16

What are the three circumstances necessary for a 4th amendment search?

Back 16

1. Gov't actor
2. On a quest for evidence
3. when there is a reasonable expectation of privacy

Front 17

What is necessary for a search to occur when the 4th amendment applies?

Back 17

It requires a probable cause and a warrant (neutral and detached magistrate) or a search authorization (MRE 315)

Front 18

What are the 3 major exceptions to the warrant requirement/search authorization?

Back 18

1. Exigent Circumstances (PC but no time for warrant)
2. BIGPECS (No warrant and no PC)
3. Inventory/Inspection (No warrant and no PC)

Front 19

What are exigent circumstances?

Back 19

When the search is of a vehicle being operated (the evidence could "drive away")
When there is insufficient time

Front 20

What does BIGPECS entail?

Back 20

1. Border searches (Montoya de Hernandez)
2. Incident to arrest
3. Gate searches (overseas)
4. Plain view (Garcia, Kaliski)
5. Emergency intrusion
6. Consent (Garcia/Conklin)
7. Stop and Frisk (Terry v OH)

Front 21

What does an inventory/inspection entail?

Back 21

1.The inventory is administrative, pursuant to SOP and may include a locker/UA cleanout, impounded vehicle, confinement inventory
2. The inspection is random or all-inclusive and is not subterfuge as part of investigation (US v Thatcher, MRE 313). May include barracks (health and safety), urinalysis, or gate stops.

Front 22

What are some examples of when plain view does and does not apply?

Back 22

-Allowable to manipulate the mouse as long as part of authorized inspection (Garcia)
-Stereo speakers- NOT allowable if you have to lift the object to see serial number (AZ v Hicks, cited in Garcia)
-Plain View applies only if gov't actor is viewing from a place in which actor is authorized to be (not patio) (Kaliski)

Front 23

What are some examples of emergency intrusion?

Back 23

-Allowable for police entering an apartment after reported shooting (Hicks, cited in Garcia)
-Allowable for police to enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or in imminent threat of injury (Emergency Aide Doctrine and Exigent Circumstances Exception, see Stuart)

Front 24

True or False: HN Jones and ITSN Smith are both manufacturing and dealing methamphetamines. The "Meth" lab is located in a "self-storage" unit off the base. HN Jones is questioned by NCIS but NOT read his Art 31b rights. Armed with that information, NCIS approaches ITSN Smith, reads him his Article 31b and Miranda warnings, and questions ITSN Smith about the Meth lab, specifically mentioning the statement received by HN Jones. ITSN Smith then confesses to the manufacture and distribution of Meth because he knows that NCIS has him "dead to rights" due to HN Jones' statement. In this scenario, when ITSN Smith is prosecuted, the doctrine of the fruit of the poisonous tree will NOT apply and ITSN Smith's statement may lawfully be admitted.

Back 24

True due to the Concept of Standing. ITSN Smith has no standing to challenge the alleged violation of HN Jones' statement.

Front 25

True or False: Article 31b is only applicable when a military person is arrested and interrogated by law enforcement personnel.

Back 25

False. See Article 31 UCMJ. Article 31 requires that if a person subject to the UCMJ suspects another serviceman subject to the UCMJ of an offense he must be read his rights under Article 31b. Civilian law enforcement requires CUSTODIAL INTERROGATION, military is not concerned with an individual being in custody, rather, the issue is whether the servicemember asking the question is doing so in an "Official Capacity" (See Duga) during a law enforcement or disciplinary investigation (See Loukas).

Front 26

2ndLt Speakseasy is accused of stealing body armor and survival gear from the base supply warehouse. 2ndLt Speakseasy is apprehended, read his Art 31b and Miranda warnings by NCIS. Having taken NL400, he invokes his rights and asks for counsel, refusing to talk with NCIS. 2ndLt Speakseasy is then confronted by a CID agent, SSgt Jedi, who is working on the case and is transferring him to the Base Brig with an officer escort. SSgt Jedi asks why an officer would ever do such a thing, after which, 2ndLt Speakseasy states that he stole the items because he was on a mission from God to form an elite unit to fight against the oppressive rulers in Mexico. SSgt Jedi then reads 2ndLt Speakseasy his Art 31b rights and Miranda warnings. He waives his rights and then tells SSgt Jedi where all of the stolen military property is located. Are the statements and evidence from 2ndLt Speakseasy admissible?

Back 26

No, because 2ndLt Speakseasy did not initiate the further discussions with SSgt Jedi after his request for counsel and the fact that he waived his rights after SSgt Jedi read his Art 31b and Miranda warnings is irrelevant.
See U.S. v. Webb. Also see Edwards v. Arizona cited in Webb.

Front 27

True or False: If a blood sample is collected against the will of a suspect it is inadmissable in a court-martial because the "withdraw of blood" is testimonial evidence.

Back 27

False. See Schmerber v. California

Front 28

True or False: If a suspect invokes their right to remain silent it automatically triggers a right to an attorney.

Back 28

False. See U.S. v. Webb and Edwards v. Arizona, cited in Webb.

Front 29

A court martial panel is made up of four members, one officer and three enlisted. This court martial must be a:

Back 29

It must be a Special Court Martial. SPCM must have a minimum of 3 members, General Court Martial must have a minimum of 5 members, and a Summary Court Martial is only one officer.

Front 30

What is the statute of limitations for persons charged under Article 15 (Captain's Mast)?

Back 30

2 years. See Art 43 (statute of limitations)

Front 31

True or False: A conviction for any offense under the UCMJ requires a unanimous vote by all members of the court-martial concurring in the finding of guilty.

Back 31

False. See UCMJ 852, Art 52

Front 32

True or False: A Marine Corps Colonel who has been retired for five years is arrested for possession of Child Pornography. The retired colonel may be tried under the UCMJ.`

Back 32

True. See Art 2 (4)

Front 33

True or False: The Special Court Martial Convening Authority may not change the sentence awarded by a court martial for any reason.

Back 33

False. See Art 60 (Actions by Convening Authority). In addition to approving a sentence, the convening authority may suspend, disapprove, or commute a sentence in whole or in part.

Front 34

True or False: A Court-Martial must be composed of servicemembers who are peers of the accused.

Back 34

False. See US v. Morrison II, p34

Front 35

A Court Martial Panel has 7 members for a Hospital Corpman (HM3) accused of unlawful drug use under Article 112a. The accused requests enlisted members on the panel. What is the minimum number of enlisted personnel required for this Court Martial?

Back 35

3. An enlisted accused is entitled to at least 1/3 enlisted members if requested.

Front 36

The authorized kinds of courts-martial in the armed forces under the UCMJ are-

Back 36

Summary Court-Martial, Special Court-Martial, and General Court-Martial.

Front 37

A court martial panel is made up of four members, one officer and three enlisted. This court martial must be a:

Back 37

It must be a Special Court Martial. SPCM must have a minimum of 3 members, General Court Martial must have a minimum of 5 members, and a Summary Court Martial is only one officer.

Front 38

If a convening authority of a court-martial attempts to reprimand, counsel, or admonish any member, military judge or counsel with respect to the findings or sentence adjudged, the convening authority is -

Back 38

Potentially engaged in unlawful command influence.
See UCMJ Section 837, Art 37.

Front 39

What is the statute of limitations for persons charged under Article 15 (Captain's Mast)?

Back 39

2 years. See Art 43 (statute of limitations)

Front 40

True or False: A conviction for any offense under the UCMJ requires a unanimous vote by all members of the court-martial concurring in the finding of guilty.

Back 40

False. See UCMJ 852, Art 52

Front 41

True or False: A Marine Corps Colonel who has been retired for five years is arrested for possession of Child Pornography. The retired colonel may be tried under the UCMJ.`

Back 41

True. See Art 2 (4)

Front 42

True or False: The Special Court Martial Convening Authority may not change the sentence awarded by a court martial for any reason.

Back 42

False. See Art 60 (Actions by Convening Authority). In addition to approving a sentence, the convening authority may suspend, disapprove, or commute a sentence in whole or in part.

Front 43

True or False: A Court-Martial must be composed of servicemembers who are peers of the accused.

Back 43

False. See US v. Morrison II, p34

Front 44

A Court Martial Panel has 7 members for a Hospital Corpman (HM3) accused of unlawful drug use under Article 112a. The accused requests enlisted members on the panel. What is the minimum number of enlisted personnel required for this Court Martial?

Back 44

3. An enlisted accused is entitled to at least 1/3 enlisted members if requested.

Front 45

The authorized kinds of courts-martial in the armed forces under the UCMJ are-

Back 45

Summary Court-Martial, Special Court-Martial, and General Court-Martial.

Front 46

If a convening authority of a court-martial attempts to reprimand, counsel, or admonish any member, military judge or counsel with respect to the findings or sentence adjudged, the convening authority is -

Back 46

Potentially engaged in unlawful command influence.
See UCMJ Section 837, Art 37.

Front 47

According to Rule 313, what is an inspection?

Back 47

An inspection is an examination of the whole or part of a unit, organization, installation, vessel, aircraft, or vehicle, including an examination conducted at entrance and exit points, conducted as an incident of command
the primary purpose of which is to determine and to ensure the security, military fitness, or good order and discipline of the unit, organization, installation, vessel, aircraft, or vehicle.
Also includes an exam. to locate and confiscate unlawful weapons and other contraband.
An order to produce body fluids, such as urine, is permissible in accordance with this rule.

Front 48

When is an examination NOT an inspection within the meaning of Rule 313?

Back 48

An exam made for the primary purpose of obtaining evidence for use in a trial by court-martial or in other disciplinary proceedings is not an inspection within the meaning of this rule.

Front 49

Explain what is meant by the right to remain silent in any criminal matter (5th Amendment, US Constitution).

Back 49

Citizens have the right to not self-incriminate witnessing against themselves in a criminal case.

Front 50

Describe what conduct is prohibited by the 5th Amendment.

Back 50

-a gov't actor interrogating the suspect or in/formally questioning a suspect intended to elicit an incriminating response
-gov't depriving the suspect of his/her freedom of action in any significant way (such as custody)
-failing to provide suspect with proper Miranda warnings
-if right to remain silent is invoked: gov't must cease to question suspect, wait for "reasonable" time, rewarn suspect prior to requestioning
-gov't can't force a suspect to waive their rights

Front 51

What are the Miranda warnings?

Back 51

-Right to remain silent
-Consequences of Talking
-Right to an Attorney

Front 52

Under Article 92, a servicemeber may be found guilty if he or she performs their duties in a culpably inefficient manner.

Back 52

True, Lawson Case, also Article 92, dereliction of duty.

Front 53

Under Article 92 of the Uniform Code of Military Justice, if an order has a vaild military purpose, but infringes upon a servicemember's private or personal rights, or offends the personal conscience of the servicemember, then the servicemeber has a legal justification or excuse to disobeying that order.

Back 53

False, New Case, Article 92

Front 54

An officer may be convicted of "Conduct Unbecoming" under article 133 if the following standard is met:

Back 54

The conduct must offend so seriously against law, justice, morality or decorum as to expose to disgrace, socially or as a man, the offender, and at the same time must be of such a nature as to bring dishonor or disrepute upon the military profession.
Bryant, page 163.

Front 55

Confinement on bread and water for three days is only available to servicemembers who are:

Back 55

Attached to or embarked on a naval vessel and in paygrade E-3 or below.
JAGMAN 0111.c

Front 56

What are the 3 types of Administrative Investigations under Ch II of the JAGMAN?

Back 56

-Command Investigations
-Litigation Report Investigations
-Courts and Boards of Inquiry

See page 2-1 of JAGMAN.

Front 57

Under MILPERSMAN 1910 (Enlisted Separations), if an active duty sailor is being processed for administrative separation and the least favorable characterization of service that may be considered is an other than honorable discharge, then the following must be true:

Back 57

The sailor would have the right to contest his separation at an administrative discharge board made up of an O-4 senior member, Warrant officer or O-1 to O-3 junior member, and an enlisted sailor in paygrade E-7 or above.


MILPERSMAN 1910-502

Front 58

Mandatory processing requires that the servicemember be seperated with an Other Than Honorable discharge.

Back 58

False

Front 59

Under Chapter 1 of the JAGMAN, if a servicemember is attached to or embarked on a Naval Vessel, the servicemember may still refuse Captain's Mast if the charges could not be proven beyond a reasonable doubt.

Back 59

False
JAGMAN section 0108.c

Front 60

SECNAVINST 5300.26D is the Department of the Navy Policy on Sexual Harassment. Military personnel of the Navy and Marine Corps shall be processed for administrative separation on the first substantiated incident of sexual harassment involving (1) action, threats, or attempts to influence another's career or job in exchange for sexual favors; (2) rewards in exchange for sexual favors; or (3) physical contact of a sexual nature which, if charged as a violation of the UCMJ, could result in a punitive discharge. The Basis for Separation under the MILPERSMAN for a substantiated incident as described above would be:

Back 60

MILPERSMAN 1910-142 Commission of a Serious Offense.

Front 61

he United States has not signed the UN Convention on the Law of the Sea (UNCLOS).

Back 61

False, the U.S. has signed but has not ratified UNCLOS.