Law Test CIDSAC

A Soldier commits an offense on Fort Campbell, KY. where there is concurrent jurisdiction where he is convicted of that crime at a court-martial. which of the follow is true.

He can be prosecuted in a KY state court.

A Sgt was offered a Summary Court-Martial. Can he refuse it? Does he have to have a reason to refuse it?

He can refuse it and does not have to have a reason.

Pvt Stone has marijuana and he wants to smoke it. he breaks into the NCO quarters with the intent to smoke it. after finishing his joint he falls asleep and is caught by the occupants who return home unexpectedly. what is the most serious crime committed?

Housebreaking

Pvt Winchester and Pvt Colt had been considering robbing the local shoppette on post. the finally agreed to do it once the weather got better. Pvt Winchester goes and gets the ammunition for the gun he is going to buy the next pay day that he intends to use in the robbery. just before payday, Pvt Colt is involved in a car accident and they can no longer carry out their plan to rob. Winchester then PCS's to a new duty station. What crime was committed by Pvt Colt?

Conspiracy to commit robbery

Pvt deli broke into a families quarters and began to steal jewelry from the home. Pvt Deli was caught by Capt Herman and pulled out his K Bar and slit Capt Hermans throat and kills him. What is the most serious crime Pvt Deli committed?

Intentional Murder

When Sgt Jeremy entered the room he sees her asleep. in an effort to wake her up, he caressed her breast and vaginal area. she did not wake up. He then placed his hand inside her shirt to arouse her to wake her up. He then left the room. what is the most serious crime he committed

abusive sexual contact.

Inv XXXX while sitting in a bar drinking a Pepsi, with a CIV suspect, gave the suspect a 20 minute sermon on needing to cleans ones soul and the euphoria that results, after sharing the crime with an experienced investigator. The suspect confesses to the offense and there was no rights advisement. which of the following correctly addresses these facts?

although the sermon was the equivalent to an interrogation. no rights advisement was required.

What crime did Private Nugent commit?

attempted possession

Sgt Lusk sneaks up on a soldier and hits him over the head with the intent to take his wallet. once the soldier is unconscious, he takes his wallet. what is the most sever crime committed?

robbery

Pvt Rodney Farva has been apprehended for kidnapping. Inv requested Farva to provide a handwriting sample. Farva refuses and says it will incriminate him

they are not protected under the 5th amendment or article 31, UCMJ

The maximum sentence for disobeying a lawful order is 2 years. In a Special Court-Martial. what is the maximum sentence that can be given?

1 Year (12 months

Pvt Taylor's friend, Fyfe, is a U.S. special forces soldier who moonlights as a civilian hitman for a drug cartel. Fyfe comes to visit Taylor at his on post quarters and is surprised when Fyfe admits to a series of serious off post offenses. Taylor tells Fyfe to lay low for a while and gives him the keys to his car and tells him to go to Canada. what crime did Pvt Taylor Commit?

Accessory after the fact

When does an Article 32 Investigation have to be conducted?

After Preferral, but prior to referral

Maj Krypton fears he is at risk of being dismissed from the military for having improper relations with female soldiers he knows the evidence there is against him is being held at the MP school evidence room. the next Friday he decided to start a fire at the building to destroy the evidence. he noticed the janitors left at 2300. At 2315 he still saw 2 cars in the parking lot and set the building on fire anyway. a janitor staying late reported the fire. what is the most serious crime that was committed

Aggravated Arson.

Pvt Jones and Pvt Shorty are watching tv in the day room when a disagreement breaks out as to what channel to watch. Pvt stone picks up a metal chair and swings it as hard as he can at Pvt Shorty's head, missing him. what is the most serious crime committed by Pvt Stone?

Aggravated Assault with force-means likely

Sgt Snickers is a local drug dealer, a Pvt Nugent offers to pay $500 for a quarter pound of marijuana. Sgt snickers sells him a quarter pound of catnip instead. what crime did Sgt snickers commit?

Larceny

Based on their investigation. Agents obtained a search authorization to search col Wanyards residence neither col Wanyards vehicle or self was in the authorization because they had no reason to believe there was anything on Col Wanyard or the vehicle. the search was authorized for the entire premisis. on the day of the search Col Wanyard's vehicle was parked in the garage. during the search a briefcase was discovered containing a large quantity of cocaine. Agents decided to search the vehicle though they were doubtful anything was inside. inside the truck was several kilo's of cocaine. during the trial for trafficking, Col Wanyard makes the motion to remove the cocaine found in the vehicles truck. did the MP's violate his 4th amendment?

No because the vehicle was within the curtilage.

Ssgt Malissavitch decides his next door neighbors daughter is an airhead and she must die. he decides that the best way to kill her is to shoot her. He purchases a new gun, but before he has the opportunity to shoot the daughter the family receives emergency orders to a new duty station. What crime did he commit?

No crime at all.

YOu Properly advise Sgt Travis Jr. of his rights concerning the destruction of classified documents that would link him to numerous crimes. you respected his right to remain silent when he did not want to make a statement. he was released to his unit. 2 days later we unexpectedly shows up at your office and wants to talk to you about the crimes. you re-advise him of his rights and take a full confession concerning the offenses. after the confession he admits he has seen a counselor and he advised him to not talk to anyone. now that you know that he has a lawyer, do you have to do anything?

No.

MPI Sgt Sheath has interrogated a murder suspect without advising him of his rights. also completed and signed a complete confession. the next day sheath realize he messed up and without mentioning the confession from the day before Sgt Sheath advised the suspect of his article 31 (b) rights and had him sign the same statement from the day before. Are either confession admissible?

No. both confessions are inadmissible

You make a call to the sheriff to notify him of a sexual assault that may have happened in his jurisdiction and he suggests you all do a joint investigation. You ask him to send out one of his law enforcement officers to go interview the sgt. the sheriff sends an officer to the house of the Sgt to ask some questions. the deputy spoke with him inside of his home without taking him into custody. During the conversation the Sgt states he was at home by himself watching shark week and provides a sworn statement. the deputy reports that the Sgt made a false official statement. the Sgt was never advised of his rights or that he was suspected. can we use his statement against him.

No. he has to be read his rights because the deputy was acting as an instrument of the government

Investigators concluded Pvt Pumba is involved in a series of burglaries and establish all the elements of the crime but cannot establish a motive. Is the Motive an element of the crime?

No. you do not need it.

What is the Statute of limitations for premeditated Murder

None

Private Jessabelle and Pvt Richie are both soldiers and friends. the go to a party and Pvt Richie drinks to much and passes out in the back bedroom. Sgt Jeremy walks into the bedroom and has sex with her. what is Sgt Jeremy's most serious crime he committed?

Sexual assault.

Capt Fonzi had been properly advised of his article 31(b) rights and he waived them he denies the crime of larceny, UCMJ. Inv tells him his fingerprints were fond on the victims wallet. which were not. Fonzi then states he should have worn gloves and the Inv caught him. which is true?

This is a lawful interrogation technique and the admission is admissible

Two Military Police investigators apprehended two individuals in the on post church's chicken parking lot. Church's chicken is a well known drug activity area. The incident occurred at 1600. During covert surveillance from an unmarked car, Police investigators watched mr. weed and mr. joint dressed in civilian clothes talking to each other. nothing exchanged hands but the investigators had a gut suspicion because it was in a high drug area. Was the apprehension lawful?

Unlawful. due to lack of probable clause to apprehend

The MP continues his foot patrol and walks by the same house that he heard the infant crying. it has been 2 hours and still hears the baby. he walks to the door and knocks several times, but no one answers. he finds that the door is unlocked. Is he allowed to enter the house to look for the baby?

Yes due to emergency circumstances

2 weeks ago Mrs. Haley Dufont a prominent spouse of a retired military member was picked up at the PX for shop lifting. she stole many pieces of jewelry including sunglasses and purse. she was issued an 1805 and summoned to appear in Magistrate court. She is scheduled to appear next week and you reviewed the file and realize she was never interrogated. the MP calls Mrs. Dufont on the phone and interrogates her for 2 hours and gets a full confession regarding the shoplifting and she admits to meth use. At no time was she advised of her rights. Was the admission regarding the meth use admissible in a later trial?

Yes. Because it was a non-custodial interview. no rights waiver was required.

SA Austin Powers was assigned to investigated a questionable claim filed by Sgt Calvin Pradas. Pradas filed a claim against the Govt for 15 Armani suits, 7 fur coats, a large amount of gold and platinum jewelry and 15 bottles of Cristal. all of which were damaged in fire in his government quarters due to a faulty clothes dryer. Firemen contained the fire to the basement area of the house. No other area of the house was touched. Powers contacts neighbors and coworkers to ascertain if Prada owned the items described. None of his friends saw him in anything other than jeans and t shirts and never saw jewelry. Inv Powers calls Prada and begins to asks Prada questions about the items. Powers did not believe he was guilty of anything at the time. should Powers have read him his rights?

Yes. Prada should have been suspected of committing a crime.

PFC Capote is under apprehension and is being processed at the MPI office PFC Capote has not yet been advised of his rights. Sgt Ron Harris does not want to question the subject yet and asks how to spell his last name, while filling out a data form. PFC Capote says never mind how to spell my name I committed the murder, I did it. is this statement admissible?

Yes. Spontaneous statement. Does not count as a statement

Sgt Van lives off post in Tokyo, Japan, the Japanese police believe he is dealing with black market goods. the Japanese justice system is far different from the U.S. their searches do not require probable cause, nor do they need to obtain a search warrant to search. they searched and found black market goods, however they are no longer interested in the case. We decided to court martial him, can we use the evidence found in the search for our case?

Yes. The Japanese are not Government agents and are doing the investigation on their own.

Military Police Investigator Rex Lightyear is investigating economic fraud against a civilian contractor on a federal exclusive jurisdiction. During the investigation Lightyear discovers Joe Zurg, owner of the contracting firm is the cousin of the chief of staff, Col. Blake. Lightyear while tailing Zurg one days sees him take a javelin anti tank weapon from an ammo supply point and put it in the trunk of his car. Zurg's company is only allowed there to install the intrusion detectors. Lightyear was detained. Does lightyear have the authority to detain Zurg?

Yes. as an Agent of the installation commander.

Pvt April O'Neil to Investigator's yesterday that three months ago she saw Msgt splinter put a pound of marijuana in a privately owned storage facility the day before he left FLW for a 5 month TDY over seas. Pvt O'Neil said she suspected him of drug use. so she was watching him. she stated he was the only one who had access to the unit. A search authorization was obtained and upon the execution of the search, investigators found a large number of papers containing LSD. does this search meet fourth amendments requirements.

Yes. because the information is old but not stale.

On Monday Pvt Pillary comes to your office and says she was sexually assaulted by Sgt Shartuse on Saturday night although her memory is fuzy due to her intoxicated condition, at the time she provides a sworn state of what happened to the best of her ability. as she is about to leave, you ask her is she would like to do a pretext phone call. **** long conversation**** in the conversation he admits to having sex with her while she was drunk. At no time did you suggest questions of her to ask and did not order her to make the call. Will the statements during the phone call be admissible in court?

Yes. the conversation was considered to be casual

Special Agents Smith and Jones have been doing under cover drug suppression teamwork at fort A.P. hill for 4 months. Their work has uncovered evidence of both on post and off post drug sales/use. The sale/use involves several military users and their civilian suppliers. Can the information gathered by Smith and Jones concerning the off post cases of civilian drug suppliers be provided to civilian law enforcement

Yes. this will not violate the posse comitatus act.

The Federal magistrate has issued a valid search authorization to search for a set of lethal nunchucks upon searching the room there is a closet with a very high shelf and you can barely reach. you run your hand over the shelf and knock over a box and marijuana comes out of it. Is the marijuana admissible in court?

Yes. you are in a place that you have a right to be and you observed evidence of a crime.

Sgt Tibbe was on duty at Camp Schwab and he pulled a vehicle over for speeding. as he brought him his ticket he smelt marijuana on the drivers clothing as well as a roach in the ashtray. the driver was apprehended and the passenger consented the search of the car as well as the trunk. MP's found a roach in the passenger compartment and a pound of marijuana in the trunk. Concerning the search of the car and trunk which is true?

both what was found in the compartment and trunk is legal.

During cover surveillance at the onslow sporting lodge, watch doper and higher speaking with Joe Forgetaboutit, a known drug dealer. All three are dressed in baggy dark civilian clothes and saw doper smoking a cigarette. nothing changes hands, but they had gut feeling something was going on. it was 0100 and the club was about to close. Doper and Higher leave Forgetaboutit and get into a vehicle and leave. based on the facts what can be done?

do nothing.

Sgt Friday used a pistol to rob a local on post convenience store. Sgt Friday matched the description and admitted to his roommate that he did it. his roommate was interviewed an he stated he did not know who id it. what crime did his roommate commit?

false official statement

Sgt Goodman Brown recently married a woman with a child. she hits kicks and bites the child on a regular basis. Sgt brown is aware of what his wife does, but is afraid to say anything because she will leave him. Sgt Brown never takes the child to the hospital despite how badly he is beaten. last night Sgt Brown is aware of another bad beating and the child dies. What crime did Sgt Brown commit?

involuntary man slaughter

Pvt Reefer hands Pvt Humphries a package containing marijuana. what will it take for Pvt Reefer to get charged with wrongful distribution of marijuana?

it is enough to that reefer knows it was marijuana and he gave it to Humphries. Humphries does not need to know it is marijuana.

Private Rays portal cd player was reported missing. the following are the facts 1) Pvt Randle has the cd player 2) Pvt Randle says he has it and will return it 3) he has not given anyone permission to use the player. 4) another soldier stated Randle offered to rent the player to him for as long as he wanted for $10 a month.

larceny

While on foot patrol in a housing area Sgt doright walks by a government quarters and hears a child crying, he continues to walk and observes through a window with the shades up a green leafy plant that looks like a marijuana plant. he confirms with bino's. he learns the occupants are on leave for 2 more days. what can he do?

obtain a search authorization.

Pvt Bailey and pvt Calluo were on duty in the housing area late Thursday night. they observed a 2003 dodge neon running a stop sign. they pull the car over and run the plates which came back clean. they give a ticket to the driver. At no point did the MP's have fear for their safety. they ask the driver to get out of the car for a pat down and the other MP searches the interior of the car. he finds a sawed off shotgun in the front seat. then he searched the trunk of the car and found shotgun shells and a medieval morning star. what is true?

they did not fear for their safety, therefore they could not search the car.

To celebrate an upcoming promotion Sgt Mufasa throws a pre promotion party at a downtown bar. he becomes quite drunk and decides to leave the party. at 0230 he takes a taxi to his ex girlfriends house. Sgt Mufasa wants to talk her into going out and partying with him. he knocks on the door and notices it to be unlocked. he walks in the room and notices her asleep on the bed in a teddy. what crime was committed?

unlawful entry

seeing her dressed in her teddy Sgt Mufasa is overcome with passionate desires. he quietly slips into bed with her and has sex with her and it turns out she is really drunk. Aside from sexual assault what is the most serious crime he committed?

unlawful entry

MP's pull over Pvt Montana and Pvt Lonton over for suspected Driving while impaired. after receiving a voluntary consent to search MP's found a quarter of a pound or marijuana in the vehicle. the MP's advise both soldiers of their rights and the both invoked asking for lawyers. Both were released from the MP station. can the be reapproached?

yes in 14 days.

Pvt Stocko wants to break into the PX. so he asks another soldier, Pvt Collato to help him. Collato refuses. did Pvt Stocko commit a crime?

yes. solicitation

Investigator Haden had a hunch that SPC Rendon was hiding a large amount of cocaine in a shoe box in his barracks room and suspected him of distributing Cocaine to other soldiers, but he did not yet have probable cause. Haden confronts Rendon and obtains a legally valid consent to search his barracks room. upon entering the room Rendon says everything on the left is mine. Haden began searching the left side of the room and found a shoebox in a dressor located on that side. Haden asked Rendon if the shoebox was his. Rendon says yes and Haden opens the box and cocaine and a unregistered firearm. did Haden need to read Rendon his article 31(b) rights to ask if the shoebox was his?

yes. that question counts as an interrogation. since he suspected him of possessing coke he is required to advise him of his rights to ask him any questions.