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LAW EXAM QUESTIONS WITH 100% CORRECT ANSWERS
"What level Commander can refer a case to special courts martial? - CORRECT ANSWER O6"
"What is the max confinement at Summary courts martial? - CORRECT ANSWER 30 days"
"What level of commander can refer a case to summary courts martial? - CORRECT ANSWER
O5"
"When do you use pretrial confinement? - CORRECT ANSWER 1. foreseeable that they're a
flight risk or 2. foreseeable that they'll commit further misconduct AND lesser forms of restraint are inadequate"
"When do you read rights when someone is not a suspect? - CORRECT ANSWER At the point
where suspicion is raised. If you have reasonable evidence against someone and suspect they may incriminate themseleves." "You read a person their rights, and the accused invokes their right to an attorney, how long do
you wait before talking to them again after you release them? - CORRECT ANSWER 14 days."
"Can you use an incriminating statement after you ask a harmless question like "what is your
name?" - CORRECT ANSWER Yes, spontaneous statement"
"Can you deceive someone to get a waiver of their rights? - CORRECT ANSWER No, rights
waiver must be voluntary and the person must fully understand."
"Can you use deception after someone has waived their rights? - CORRECT ANSWER Yes"
"Is there a 5th Amendment Right to an attorney when asked to do a hand-wrighting sample? -
CORRECT ANSWER No, this is an administrative act"
"What is plain view? - CORRECT ANSWER When you are lawfully in a place, and you see
something in plain view"
"You smell marijuana and smoke coming under a door, can you enter that barracks room? -
CORRECT ANSWER yes, you have exigency"
"Is trash on the curb curtilage? - CORRECT ANSWER No"
"What is automobile exception? - CORRECT ANSWER readily mobile vehicle + probable
cause"
"Can a commander authorize/grant access to a search? - CORRECT ANSWER Yes"
"Can you turn down a summary court martial? - CORRECT ANSWER Yes"
"Can you turn down an article 15? - CORRECT ANSWER yes"
"What is intentional murder - CORRECT ANSWER unpremeditated although it requires the
intent to kill or cause grevious bodily harm"
"Under article 2, personal jurisdiction applies where and when for title 10 folks? - CORRECT
ANSWER 24/7 worldwide"
"What can you do under Posse Comitatus? - CORRECT ANSWER you can share intel, lend
equipment, provide operators"
"Is presence required for disrespecting an officer? NCO? - CORRECT ANSWER No. NCO - yes"
"Who can impose nonjudicial punishment (article 15) - CORRECT ANSWER CDR"
"What must be conducted prior to a general court martial? - CORRECT ANSWER Article 32
hearing"
"What is an example of encorportating lesser forms of restraint? - CORRECT ANSWER Setting
a curfew"
"Who gives authority to detain civilians - CORRECT ANSWER CDR"
"If a civilian steals from the PX on a concurrent base, what jurisdiction are they subject to? -
CORRECT ANSWER federal & state"
"A soldier who commits a crime off the installation may be prosecuted in which courts? -
CORRECT ANSWER State
Court martial" "A civilian who commits a crime on an installation with concurrent jurisdiction may be prosecuted
in which courts - CORRECT ANSWER state
federal"
"Does an MP have the authority to temporarily detain a civilian for an on post criminal offense? -
CORRECT ANSWER Yes, as an agent of the installation commander"
"True of False: A frisk always follows a terry stop - CORRECT ANSWER False"
"Which facts trigger the protections of the 4th amendment against unreasonable S&S -
CORRECT ANSWER 1. Government intrusion
- A reasonable expectation of privacy"
"Who is a government intruder under the 4th amendment? - CORRECT ANSWER An AAFES
store detective, Company Commander, State police officer, on duty MP"
"When is foreign police a government intruder under the 4th amendment? - CORRECT
ANSWER - accused was subject to brutal mistreatment
- US agent acitivty particpated in the foreign search"
"True or False: A car parked in an attached garage is curtilage of a house - CORRECT ANSWER
True"
"What is required for a search authorization to be valid? - CORRECT ANSWER particularity
(describe things to be seized) and probable cause" "True or False: old information the same as stale information for purposes of a probable cause
determination - CORRECT ANSWER False"
"True or False: A search authorization issued to search a house includes the curtilage of that
house - CORRECT ANSWER True"
"True or False: Consent can be given by any person reasonably believed to be in control of the
property - CORRECT ANSWER True"
"Which elements trigger an Article 31b rights warning? - CORRECT ANSWER UCMJ
interviewer, UCMJ interviewee, Interrogation"
"Who is a knowing agent for purposes of Article 21 b - CORRECT ANSWER DOD civilian Police
and security guards Civilian AAFES store detective Civilian police if acting as an instrument of miltiary investogator"
"What is sermonizing - CORRECT ANSWER Emotional appeal to tell the truth"
"True or false: spontaneous statements are admissible in court because they are not made in
response to interrogation - CORRECT ANSWER True"
"True or False: a witness can become a suspect for purposes of the Article 31b trigger after the
witness interview has already begun - CORRECT ANSWER True"
"Which must be true for a pretext phone call between a victim and suspect? - CORRECT
ANSWER Suspect must not percieve the call as anything more than a casual conversation"
"Change facts slightly. During the unlawful entry, CPT Jones comes home. Smith pulls out a knife
and stabs CPT Jones. CPT Jones dies. What is the worst offense committed by Smith? - CORRECT
ANSWER intentional murder"
"PVT Doper and PVT Weade are hanging out one night. PVT Doper hands Weade a cigar in which he has inserted a marijuana joint without Weade's knowledge. What offenses did Doper commit?
- CORRECT ANSWER Wrongful possession of a controlled substance wrongful distribution of a controled substance" "PVT Theefe takes PVT Zero's Xbox while he is gone for the weekend, but he returns it on Sunday
before Zero returns to his barracks room. What offense did PVT Theefe commit? - CORRECT
ANSWER Wrongful appropriationo"
"What is unlawful command influence? - CORRECT ANSWER terms of court martial process-
whoever prefers charges, they need a neutral person to prefer those charges"
"What do you need for a cleansing statement? - CORRECT ANSWER 1) explain the mistake
truthfully
- provide a cleansing statement (this cannot be used against you etc)
- give a proper rights warning
- rebuild a new statement from scratch" "How long do you wait to reapproach someone if they invoke their right to an attorney & and
remain in custody? - CORRECT ANSWER Never reapproach"
"How long do you wait if someone invokes their right to remain silent and stays in custody? -
CORRECT ANSWER 2 hours"
"What do you do if someone invokes their rights and then they reapproach you and say they
would like to talk? - CORRECT ANSWER Take their statement, you do not have to wait any
amount of time or contact their attorney."
"Who is a government intruder? - CORRECT ANSWER Someone on duty. Your commander,
detective, MP officer"
"If you lend someone your car, and they get pulled over, can they consent to a search? -
CORRECT ANSWER Yes, they have apparent control and authority"
"What can you search after you arrest someone? - CORRECT ANSWER 1. the person
- protective sweep
- vehicle if you suspect there is evidence relating to arrest in vehicle"
"If you are conducting a lawful search for drugs and you find an illegal gun, what do you do? -
CORRECT ANSWER seize as it is in plain view"
"If you have a warrant for a home and you open the garage door and see a suspicious van but you
do not have PC to search it, can you search it? - CORRECT ANSWER Yes, you have a warrant for
the home"
"What is a terry stop? - CORRECT ANSWER Investigatory stop. you need reasonable belief
that a suspect is presently armed and dangerous- a hunch is never enough , less then probable cause. You are not free to go under a terry stop."
"Can you conduct joint training under posse comitatus? - CORRECT ANSWER yes, unless they
ask you to assist them in an off post law enforcement op"
"What kind of overt act is required for conspiracy? - CORRECT ANSWER preparation"
"Is motive ever an element of a crime? - CORRECT ANSWER No"
"If you swing at someone with a baseball bat and miss (attempt) what is this called? - CORRECT
ANSWER aggravated assault"
"What is one thing that makes miranda rights different from 31b? - CORRECT ANSWER you
need to have custody to read miranda rights"
"What are some exceptions to search authorization? - CORRECT ANSWER Exigent
circumstances (insufficient time to obtain a warrant, lack of communication options due to military operational necessity, hot persuit of suspect into a private area) Automobile exception (requires PC, can search anywhere in vehicle that may contain evidence relating to crime) Plain view doctrine (right to be in place, right to see items, OC that item is contraband)"
"Which of the following may a Soldier turn fown or refuse for any reason - CORRECT ANSWER
Article 15 Summary Court Martial"
"When must an article 32 hearing be conducted - CORRECT ANSWER After a preferral but
prior to a General court martial" "What is the max confinement at a special court martial for a soldier convicted of willfully
disobeying a lawful order of a superior commissioned officer (article 90, UCMJ) - CORRECT
ANSWER 1 year"
"What are examples of permissible assistance under Posse Comitatus - CORRECT ANSWER
Loaning military equipment and facilities, providing training and expert advice, transferring information"
"What are the requirements for a terry stop and frisk - CORRECT ANSWER 1. reasonable
suspicion that an individual is involved in criminal activity
- reasonable belief that the suspect is presently armed and dangerous"
"Which searches do not require probable cause? - CORRECT ANSWER - vehicle search when
its reasonable to believe it contains evidence of the crime committed
- search of the vehicle at international border crossing or installation exit"
"True or false: contraband found during a valid inspection is admissible at trial - CORRECT
ANSWER True"
