Important Articles, Amendments, And Acts Flashcards
Ucmj article 2
Persons subject to the ucmj
Ucmj article 5
Territorial applicability of the ucmj
Ucmj article 7
Apprehension
Ucmj article 9
Imposition of restraint
Ucmj article 15
Commanding officers non judicial punishment.
Ucmj article 31(b)
Rights advisement
Ucmj articles 77-134
Punitive articles
Us constitution, 4th amendment
The right of the people to be secure in their persons, houses, papers, and affects against unreasonable searches and seizures shall not be violated and no warrants shall be issued except with probable cause.
Us constitution, 4th amendment
The right of the people to be secure in their persons, houses, papers, and affects against unreasonable searches and seizures shall not be violated and no warrants shall be issued except with probable cause.
Us constitution 5th amendment
The right of the people to remain silent during an investigation or an interrogation.
Us constitution 6th amendment
Right to a speedy trial and right to council.
Lautenberg act
This amendment makes it a felony for anyone who has ever been convicted of a domestic violence misdemeanor prior to or after the passage of September 30, 1996 law to possess firearms or ammunition. It is illegal to provide a firearm or ammunition to anyone convicted of such a domestic violence misdemeanor.
Posse comitatus act
18 U.S.C. (United States Code) sec. 1385 - use of army and air force as posse comitatus “whoever, except in cases and under circumstances expressly authorized by the constitution or fact of congress, willfully uses any part of the army or Air Force as posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two year or both.” Enacted on 16 June 1878, the posse comitatus act prohibits mentors of the federal uniformed service from exercising state law enforcement or peace officer powers outside of installation, base or property that had federal jurisdiction. The act originally referred only to the army. In 1956 congress added the Air Force to the act. The navy and marine corps were included by DOD directives in 1986.
Assimilative crime acts
18 U.S.C. (United States code) Sec. 13 - assimilative crimes acts “whoever within or upon any of the places now existing or hereafter reserved or acquitted as provided in section 7 of this title, is guilty of any act or omission which, although not made punishable if committed or omitted within jurisdiction of the state, territory, possession, or district in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. The federal assimilative crimes act is an adoption by congress of state criminal laws for areas of exclusive or concurrent federal jurisdiction, provided federal criminal law, including the ucmj, has not defined an applicable offense for the misconduct committed.
Assimilative crime acts
18 U.S.C. (United States code) Sec. 13 - assimilative crimes acts “whoever within or upon any of the places now existing or hereafter reserved or acquitted as provided in section 7 of this title, is guilty of any act or omission which, although not made punishable if committed or omitted within jurisdiction of the state, territory, possession, or district in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. The federal assimilative crimes act is an adoption by congress of state criminal laws for areas of exclusive or concurrent federal jurisdiction, provided federal criminal law, including the ucmj, has not defined an applicable offense for the misconduct committed.
Command authorized search
Conducted only after a determination that probable cause exists that a person, property or evidence to a crime is located in specific place or on a specific person who committed the offense, and that the fruits or instruments of the offense are in a specific place.
- affidavit for search authorization (opnav 5580/10) shall be completed and signed, under oath.
- the command authorization for search and seizure (opnav 5580/9) will be prepared for the COs signature.
Permissive search
A permissive authorization for search and seizure (opnav 5580/16) shall be completed prior to any consent search. Oral consent authorization may be made in emergency situations, but acquiescence to authority. If during the course of a search, subjects state they do not want the search to continue, the search shall be terminated. No probable cause necessary.
Exigency search
When exigency circumstances exist and there is no time to get a search authorization without substantial risk of loss of evidence, escape or individuals or harm to innocent people, the warrant or command authorization requirement may be excused; however, probable cause must still exist.
Search incident to apprehension
NSF may conduct a search incident to an apprehension without obtaining search authority, and this may include the immediate area over which the apprehended person exercise control. Search incident to an apprehension should be conducted immediately. Probable cause must still exist.
Search incident to lawful stop/frisk
Patrol safety. When NSF conducts lawful stop, individuals stopped may be searched for concealed weapons or dangerous objects when the patrolman feels his or her safety may be in jeopardy or when it is reasonably believed that the individual may be armed presently dangerous. Contraband or evidence located in the process of a lawful search may be seized. No probably cause necessary for conducting a search once probably cause has been determined for the lawful stop.
Emergency search
Search of persons or property in a good faith efforts to render immediate medical aid, to obtain information that will assist in the rendering of such aid, or to prevent immediate or ongoing personal injury. No probably cause necessary.
Plain view
NSF who are lawfully in any place may, without obtaining a warrant, consent, or commanders authorization, seize any item in plain view that they have probable cause to believe is contraband or evidence of a crime. This is so even if the item in question is not related ti crime currently being investigated.
Spontaneous statements
When an accused/subject, on their own, without being prompted or questioned by military/ civilian law enforcement , begin to give law enforcement information that can be used against them and is incriminating in nature prior to being advised of their article 31(b) or Miranda rights. Law enforcement officials shall stop accused/subject at the first natural pause with no promptings or questioning. Spontaneous statements are admissible as they are not “obtained” from accused/subject.
Suspects advisement of rights
An advisement of rights is necessary prior to asking a suspect any incriminating questions or taking any actions which might reasonably be construed to imply that an accused/subject is not free to leave, and must talk and about the offense.
