Block 5 Flashcards
Command authorized search (MRE 315)
OPNAV 5580/10: AFFIDAVIT FOR SEARCH AND SEIZURE
OPNAV 5580/09: WARRANT; PERMISSION TO SEARCH
*CONNOT SEARCH POST OFFICE
CO can only grant permission to search areas under his jurisdiction.
Consent search (MRE 314)
Individuals permission to search
OPNAV 5580/16 PERMISSION AUTHORIZATION FOR SEARCH AND SEIZURE
Ask permission directly: “Can I search your vehicle”
Exigency Search
Time contingent.
Emergency Search
Search:
- To render medical aid
- To prevent immediate or ongoing personal injury
Protective Sweep
A pre search sweep to protect those conducting search.
Off Base Search Authority
Must comply w/ state and federal search laws
Punitive Articles
UCMJ Article 77-134
Criminal Act
Act against society in which society has said it will punish
Article 85
Desertion. UA with the intent to stay away permanently
Article 86
UA. Absence without leave.
Article 87
Missing Movement
Article 121
Larceny/wrongful appropriation
Article 134
General Article
With 52 additional listed categories
DAMLG: Dam Lazy Girl
D: Art 85; Desertion A: Art 86; UA M: Art 87; missing movement L: Art 121; Larceny/wrongful appropriation G: Art 134; General Articles
Courage
In relationship to Navy Core Values
The moral and mental strength to do what is right even in the face of personal or professional adversity.
Commitment
In reference to Navy Core Values
- Demand respect up and down the chain of command
- Care for the safety and the professional, personal, and spiritual well being of our people.
- Respect all people without regard to race, religion, or gender and treat each individual with human dignity.
- Exhibit the highest degree of moral character, technical excellence, quality, and competence in what you have been trained to do.
Navy Security Force Mission
Support shore based and fleet deployed CO’s with continual professional expertise in force protection, physical security and security force.
- Protection of life and property
- Enforcement of laws and regulations
- Preservation of good order and discipline
What sources are used for the guidelines and makeup of military law?
- The U.S. Constitution
- International Law
- Federal Law
What are the parts of the MCM (Manual for Court Martial)?
Part I: Preamble Part II: Rules for the Courts-Martial Part III: Military Rules of Evidence Part IV: Punitive Articles Part V: NJP *remember: Please Read My Poem Now
OPNAV 5580/2
DOD Voluntary Statement used for victims and voluntary witnesses (military and civilian).
OPNAV 5580/22
Evidence/Property Custody Receipt
Security Personnel make apprehensions under what authority?
Article 7(b) and RCM 302(b)(1)
*Whenever enlisted person apprehend any commissioned or warrant officer, they should make an immediate report to their immediate chain of command officer (security officer).
OPNAV 5580/3
Military Suspects Acknowledgment and Waiver of Rights
OPNAV 5580/4
Civilian Suspects acknowledgment and Waiver of Rights
OPNAV 5580/10
Affidavit for Search and Authorization
OPNAV 5580/9
Command Authorization for Search and Seizure (Warrant)
Article 31
Provides same protection as the 5th and 6th amendments
6th Amendment
Right to Legal Counsel
Escobedo vs Illinois 1964
5th Anendment
Involuntary Self Incrimination
Miranda vs Arizona (1966)
Rights Advisement; Constitutional Protections
- Protect the constitutional rights of the accused
- Allows for admission of evidence into a court of law
- Protects police/government from civil action in court
Rights advisement: When to advise for civilians
Prior to asking incrimination questions for civilians the “Staff Judge Advocate” should be contacted.
Rights advisement: when not to advise?
- To intoxicated
- Does not speak English
- if parents not available officer of same sex as accused should be used as a witness.
What is probable cause based on?
Reasonable grounds
What is required to make an apprehension?
Probable Cause
