Law Test CIDSAC
When does an Article 32 Investigation have to be conducted? - ANSAfter Preferral, but prior to
referral
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? - ANS1 Year (12 months
A Sgt was offered a Summary Court-Martial. Can he refuse it? Does he have to have a reason
to refuse it? - ANSHe can refuse it and does not have to have a reason.
What is the Statute of limitations for premeditated Murder - ANSNone
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. - ANSHe can be
prosecuted in a KY state court.
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 - ANSYes. this will not violate the posse comitatus act.
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? - ANSUnlawful. due to lack of probable clause to apprehend
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? - ANSYes.
as an Agent of the installation commander.
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? - ANSYes. Because it was a
non-custodial interview. no rights waiver was required.
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? - ANSYes.
Spontaneous statement. Does not count as a statement
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? - ANSYes. Prada should have been suspected of
committing a crime.
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? - ANSyes. 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.
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? - ANSNo.
Pvt Rodney Farva has been apprehended for kidnapping. Inv requested Farva to provide a
handwriting sample. Farva refuses and says it will incriminate him - ANSthey are not protected
under the 5th amendment or article 31, UCMJ
When does an Article 32 Investigation have to be conducted? - ANSAfter Preferral, but prior to
referral
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? - ANS1 Year (12 months
A Sgt was offered a Summary Court-Martial. Can he refuse it? Does he have to have a reason
to refuse it? - ANSHe can refuse it and does not have to have a reason.
What is the Statute of limitations for premeditated Murder - ANSNone
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. - ANSHe can be
prosecuted in a KY state court.
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 - ANSYes. this will not violate the posse comitatus act.
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? - ANSUnlawful. due to lack of probable clause to apprehend
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? - ANSYes.
as an Agent of the installation commander.
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? - ANSYes. Because it was a
non-custodial interview. no rights waiver was required.
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? - ANSYes.
Spontaneous statement. Does not count as a statement
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? - ANSYes. Prada should have been suspected of
committing a crime.
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? - ANSyes. 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.
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? - ANSNo.
Pvt Rodney Farva has been apprehended for kidnapping. Inv requested Farva to provide a
handwriting sample. Farva refuses and says it will incriminate him - ANSthey are not protected
under the 5th amendment or article 31, UCMJ
