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Assingment 4


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copy deck
What Constitutional amendment protects an individual against unreasonable search and seizure?
It is strongly recomended that information given to establish probable cause for search should be given under oath.
Where may guidance on the military law of search and seizure be found?
Military Rules of Evidence
A probable cause to search is based on what factor?
Believable information
A senior noncommissioned officer who is an OIC may authorize a search?
The Jurisdiction to authorize a search includes what two elements?
Person and Place
What jurisdiction may be extended to the CO for an off-base search?
What may be searched without probable cause
A government owned car assigned to an individual
Under what specific circumstances may a foreign agent search an area considered an extension of the sovereignty of the United States?
When authorized by international aggrement.
To whom the CO may delegate the power to authorize a search?
Military Judge
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?
Next superior commander
What are the two essential requirements for probable cause
The property in question is what it is alledge to be and the property in question is located where it is alledge to be.
In order to establish reliability, an informant's identity must be disclosed to the authorizing officer of the search?
What is true in regards to the written record of a search authorization?
It is not mandatory, it helps prove the search was legal, it helps the parties involved review the case.
What search is conducted to prevent the immediate loss of evidence of a crime?
For a Consent search to be valid, in what specific manner must consent be given?
Freely and Voluntarily
Which search requires to inform the individual of their right to refuse?
Consent search
A consent search form executed by a suspected drug offender may be revoked at any time?
The consent to search form must be signed by how many witnesses?
Nonconsesual instrusions into body cavities may be performed by...?
A person with appropiate medical qualifications only
Evidence of contraband obtained through normal physical evaluation may be seized?
A military working dog (MWD) reliability may be determined by which of the following method?
The accuracy of the dog's alert in a controlled situation.
What method is used to show that an inspection is not a subturfuge for a search?
Conducting random inspections
A military working dog is considered as what type of inspection aid?
What publication provides detailed guidance for the collection, analysis and use of urine samples?
What would be required of a service member who is suspected of drug abuse?
The member may be asked to consent to urinalysis testing, to sign a urinalysis consent form, an exigency search may be ordered.
Approval may be granted by what authority to conduct a urine testing of an entire unit?
Second-Echelon Commander
Service-directed urinalysis testing falls under the authority of what official
Chief of Naval Operations
Surveillance testing is periodic command-oriented testing given to what personnel?
Those who DO NOT participate in a drug rehabilitation program
What is the only constant with regard to service-directed urinalysis testing
May be considered the basis for administrative separation
Major sources of military law of evidence.
Statutes, Constitution, Scholarly writings
Military courts derived their existence from what article of the Constitution
Art. I
What article of the UCMJ is considered the key that opens the door to the military law of evidence
Art. 36
Who has pescribed the rules of evidence for military personnel?
President of the United States
MRE are found in what source?
Manual for Court-Martial
Points of law of particular issues are interpreted by what judicial systems?
Court of Military Review
Court of Military Appeal
What term is used to described the rules of evidence?
MRE are not applied to what judicial proceeding?
Captain's Mast (Art. 15)
Rules of Evidence are applicable to Court Martial by what MRE rule?
Rule 101
What is the ultimate issue at a trial by court-martial?
Guilt or innocense of the accused.
What is the broader meaning of the term Corpus Delicti
Body or substance of crime
In which offense must intent be proven?
Evidence that the accused was drunk could constitute a defense for the commission of which of the following acts?
Evidence is divided into a total of how many basic forms?
What type of evidence is a sworn testimony receive at trial
What type of evidence is a writing?
What type of evidence is any physical object?
What type of evidence are Photographs or X-rays
What type of evidence is the "personal view" principle?
A witness makes a gesture to convey information
When a document is to be introduced as evidence, what portion of the document must be submitted?
The entire document.
Evidence that is partly documentary and partly real is what category of evidence?
Two types of evidence?
Direct and Circumstantial
A confession from an accused is what type of evidence?
Evidence that tends to establish a fact from which a fact in issue may be inferred is what type of evidence?
Direct evidence is superior to circumstantial evidence?
Admissibility of evidence depends on what factor?
What is meant by authenticity of evidence?
The genuine character of the evidence
When a trial counsel and defense counsel agree that a certain item sought to be introduced into evidence is what it purports to be
An authentication
What is a definition of relevancy as applied to evidence?
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 describe by what term?
Competency of evidence is a matter of whether or not the evidence can meet what test?
Public policy, reliability, and undue prejudice only
What is prima facie evidence?
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?
By introducing enough evidence to outweight the general presumption that the accused is innocent.
When, if ever, may a prima facie case be overthrown?
When the accused introduces sufficient evidence in rubuttal
What is meant by reasonable doubt?
An honest and real doubt caused by insufficient proof
Hearsay testimony is best described as what kind of evidence?
Evidence of other offenses or acts of misconduct may be introduced when the evidence tends to accomplish...?
The edentity a person as the perpetrator of an offense, proves a plan of the accused, proves guilty knowledge or intent.
Hearsay is generally not admitted as evidence?
Dying declarations of an alledge victim are excepted from what rule?

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