Manual for Courts-Martial Flashcards
Can you, as CO, authorize a search onboard a warship of someone’s berthing or rack?
Berthing, Yes — although the accused has a reasonable expectation of privacy at home, there’s no reasonable expectation of privacy within a warship.
Rack — unsure. It depends on the facts and circumstances at the time.
When is evidence obtained as a result of unlawful search and seizure inadmissible?
(1) accused makes a timely motion to suppress; and
(2) reasonable expectation of privacy exists, accused has legitimate interest in the property seized, or would otherwise have grounds to object; and
(3) exclusion of the evidence results in appreciable deterrence of future unlawful searches
When is a search/seizure unlawful?
(1) in violation of the Constitution
(2) military personnel violates statute applicable to trials by court-martials
(3) other officials/agents violate principle of law generally applied in the trial of criminal cases
(4) foreign search or seizure subjects the accused to gross and brutal maltreatment
When may evidence from an unlawful search be used?
(1) Impeachment–to contradict the in-court testimony of the accused
(2) Inevitable discovery
(3) Good faith execution of a warrant or search
(4) Reliance on Statute or binding precedent
When must prosecution disclose evidence to the defense?
Prior to arraignment.
How long does the defense have to make a motion of supression or objection?
Prior to submission of a plea.
If evidence was not disclosed by prosecution prior to arraignment, when must notice be provided and what options does the defense have?
- -Prosecution must provide timely notice to the judge and counsel of the accuse
- -Defense may make an objection at the time, or waive right to object
If the defense challenges evidence of search and seizure due to lack of probable cause, what evidence is in question?
Only evidence concerning the info actually presented or otherwise known by the authorizing officer
What is the burden of proof for an accusation of a false statement by a government agent?
- -The false statement must be necessary to the finding of probable cause
- -Defense–preponderance of the evidence that the allegation of knowing and intentional falsity or reckless disregard for the truth
- -Prosecution–preponderance of the evidence that, with false info set aside, that the remaining info is sufficient to establish probably cause
Who has the burden of proof to prove that evidence did not occur via unlawful search and seizure?
Prosecution does. Preponderance of the evidence.
When is a statement following apprehension admissable?
(1) prosecution shows by a preponderance of the evidence that apprehension was based on probable cause
(2) statement was made outside the dwelling
(3) the statement was otherwise in compliance with the Rules of Evidence
When must a military judge provide a ruling on a motion of suppression or objection?
Prior to the plea
When may evidence obtained by visual examination of the unclothed body be admissible?
(1) Consensual examination
(2) Involuntary examination–if conducted in a reasonable fashion and is authorized if: (a) inspections and inventories; (b) reasonable suspicion that weapons, contraband, or evidence of crime is concealed; (c) incident to lawful apprehension; (d) within a jail or confinement facility; (e) emergency searches; or (f) probable cause searches
If a examination of the unclothed body is not conducted by a person of the same sex, is it an unlawful search?
No. Although every effort should be made to use a same sex inspector, it does not make the search unlawful if one cannot be found.
Which body cavities may evidence be admissible even for a reasonable nonconsensual search?
Mouth, nose, and ears
