Constitutional Law
Protects the right of people to be secure in their persons, houses, papers, and effects from unreasonable searches and seizures
What is the Fourth Amendment?
exists when there is a reasonable belief that the person, property, or evidence sought is located in the place or on the person to be searched
What is probable cause?
an examination the primary purpose of which is to determine and ensure the security, military fitness, or good order and discipline of the unit.
What is an inspection?
members found to have committed offenses like drug abuse, sexual misconduct, family advocacy program failure, or multiple DUIs will be subject to ______.
What is Mandatory Processing?
The Law of the Hague and Geneva Conventions are representative of this type of law
What is the Law of Armed Conflict?
______ rights require suspects subject to custodial interrogation to be read their right to remain silent, that their statements can be used against them, and that they have the right to the presence of an attorney.
What is Miranda?
An impartial commander (CO) or military judge can authorize a search of (1) the physical person of anyone subject to military law or the law of war wherever found; (2) military property; or (3) persons or property situated on military property or a location under military control.
What is a Command Authorized Search? (R.C.M. 315)
A command requirement when a member incurs a disease or injury that may result in physical inability to perform duty for a period exceeding 24 hours
What is a Line of Duty Investigation
Less than 6 years of service with a General characterization of service entitles a sailor to this type of separation
What is ADSEP notification procedures?
What is Jus Ad Bellum?
If law enforcement receives this by the individual - or by a third party who has joint access or control - there is no search.
What is consent?
under ______ no person may interrogate or request any statement from a person suspected of an offense without informing them of the nature of the accusation, advising them they do not have to make a statement, and that any statement can be used as evidence against them.
What is Article 31?
Extra Military Instruction and Withholding of Privileges are an example of this
What are non-punitive measures?
Three questions at an ADSEP board
What is basis or no basis, separation or retention, and characterization of service?
Two bases for lawfully going to war
What is UNSC Action and Self-Defense?
Custodial interrogation and right to be informed of the offenses against you, are the distinctions between what two legal rights?
What are Art. 31 and Miranda?
The max punishment from this type of adjudication may include 12 months confinement, 2/3rds forfeiture for 12 months, reduction in rank, and a bad conduct discharge
What is a Special Court Martial?
Servicemembers can avail themselves of this right if they are NOT attached to or embarked on a vessel
What is NJP refusal?
Less than 6 years of service with an OTH characterization entitles an officer to this
What is a Board of Inquiry?
Two main sources of international law
What are Treaties and Customary International Law?
The two requirements for someone to avail themselves of their Fourth Amendment rights
(1) Subjective expectation of privacy (2) that society recognizes as reasonable
This adjudication has no military judge or federal conviction and is only available to enlisted sailors.
What is a Summary Court Martial?
Status of someone subject to jurisdiction of the UCMJ
What is active duty or activated reservist?
the primary source of law for administrative separations, which lays out things like commission of a serious offense and mandatory processing
Principle that justifies use of all measures needed to defeat the enemy as quickly and efficiently as possible
What is military necessity?