Exam (elaborations)
NAVEDTRA 14351A, LEGALMAN (LN) – Q&A
NAVEDTRA 14351A, LEGALMAN (LN) – Q&A
[Show more]
Content preview
NAVEDTRA 14351A, LEGALMAN (LN) – Q&AThe right to have the assistance of counsel for a person's defense is a right
under what
constitutional amendment? Correct Ans - Sixth amendment.
4-1
What subsection of Article 31 reads, "No person may interrogate or request
any statement
from an accused or a person without first informing him or her of the
nature of the
accusation." Correct Ans - Article 31(b).
4-2
(True or False) No statement illegally obtained through coercion may be
used against an
accused at trial. Correct Ans - True.
4-3
While interviewing a witness, you learn that the witness may be a suspect
to the commission of a crime. What action, if any, should you take?
Correct Ans - Administer Article 31 rights to the witness before
continuing the interview.
4-5
During an interrogation, an accused makes a confession without proper
warnings being
given. What type of a statement is this? Correct Ans - Spontaneous.
4-7
The cleansing warning procedure was sanctioned by what official body?
Correct Ans - Court of Military appeals.
4-4
An oral confession or admission not reduced to writing is valid as a writing
in court. Correct Ans - True.
4-8
,An accused requests counsel during questioning and is dismissed. Under
what
circumstance, if any, may the accused be re-questioned? Correct Ans -
After counsel has been made available.
4-10
Custody for the purpose of the counsel requirement is best defined as?
Correct Ans - Any deprivation of one's freedom of action.
4-6
When an accused indicates a desire to terminate the interview after an
Article 31 warning has been given, what action should be taken next?
Correct Ans - The interview is terminated.
4-12
What is meant by the term primary taint? Correct Ans - The first
violation of the accused's rights against self incrimination.
4-8
After advising an accused of his or her Article 31 rights, the interrogator
must ensure that what action is completed? Correct Ans - The
accused fully understands his/her right.
4-9
What constitutional amendment protects an individual against
unreasonable searches and
seizures? Correct Ans - Fourth.
4-11
(True or False) Information given to establish probable cause for a search
should be given under oath. Correct Ans - True.
4-11
Where may guidance on the military law of a trial search and seizure be
found? Correct Ans - Military Rules of Evidence.
4-11
A probable cause determination should be based on what factor?
Correct Ans - A reasonable belief.
,4-12
The term jurisdiction pertains to what two terms? Correct Ans -
Person and place.
4-15
Under what specific circumstance may a foreign agent search an area
considered an
extension of the sovereignty of the United States? Correct Ans -
When authorized by international agreement.
4-14&15
Who may authorize a search? Correct Ans - situations where senior
noncommissioned or petty officers occupy positions as officers in charge
(OICs) or positions similar to command
4-13
(True or False) An informant's identity must be disclosed to the
authorizing officer to establish reliability. Correct Ans - False.
4-15&16
A CO authorizing a search feels he or she cannot remain neutral and
detached in his or her decision. Who may then authorize the search?
Correct Ans - Next superior commander in the chain of command.
4-15
Under what circumstance may information be used to establish probable
cause? Correct Ans - When made by an informant.
4-15&16
(True or False) Evidence of contraband obtained through a normal physical
evaluation may be seized. Correct Ans - True.
4-23
A military working dog's reliability may be determined by the CO using
what method? Correct Ans - The accuracy of the dog's alert in a
controlled situation and/or review the record of the particular dog's
previous performance in actual cases.
4-22
, An examination conducted for the purpose of ensuring the security,
military fitness, good order, and discipline of an organization is the
definition of what term? Correct Ans - Inspection.
4-25
Which of the following sources provides detailed guidance for the
collection, analysis, and
use of urine samples? Correct Ans - OPNAVINST 5350.4(series)
4-27
A completed urinalysis consent form must contain what specific number of
signatures? Correct Ans - Two.
4-28
Approval to conduct a unit sweep should be granted by what authority?
Correct Ans - Second-Echelon Approval.
4-28
Service-directed testing falls under the authority of what official?
Correct Ans - Chief of Naval Operations.
4-28
What is surveillance testing? Correct Ans - Periodic command-
directed tests for drug abusers who do not participate in a
rehabilitation program
4-29
Positive results of a command-directed test may be used for what given
purpose? Correct Ans - Admin separation processing &
Referral to a DOD treatment program
4-29
(True or False) An accused has no right to representation by counsel at a
summary court-martial. Correct Ans - False.
7-7
Normally, what is the lowest grade that a summary court-martial officer
should hold? Correct Ans - LT (O3 or above)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Studyhall. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for CA$30.57. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
73773 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now