NAVEDTRA 14351A, LEGALMAN (LN) – Q&A
The 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 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)
