Block 5/6 MA "A" School – Flashcards

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prescribed by president, advised annually, every 2 yrs Ex. Or. 12473
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Manual For Courts-Martial
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Basic legal document of U.S.
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U.S. Constitution
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1951, provides for discipline in armed forces and coast guard, takes info contained in Title 10 of US Code
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UCMJ
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Rules For Courts-Martial, incorporated in 1969, signed by president Nixon
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RCM
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Preamble, nature of military, jurisdiction, structure procedures for court-martial
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Part 1 of MCM
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Rules of Court-Martial (RCM), pretrial, post-trial, trial
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Part II of MCM
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Military Rules of Evidence (MRE), federal rules of evidence to reflect uniqueness of military law
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Part III of MCM
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Punitive Articles, Art. 77-134
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Part IV of MCM
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Non-Judicial Punishment (NJP); Captains Mass, maintains good order and discipline
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Part V of the MCM
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Constitution of the United States of America
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A1
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UCMJ
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A2
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Forms of Sentences
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A11
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Max Punishment Chart
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A12
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Hearing prior to GCM.
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Article 32
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Dismiss, informal measures, non-judicial, court martial
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Initiation of Charges, CO has 4 options
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Article 39 A
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Preliminary Hearing
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Offense against society which society has said it will punish
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Criminal Act
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Specific, physical act
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Act
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Mental elements or state of mind
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Intent
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Principles; perpetrator, aider, accessory before the fact
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Article 77
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Accessory after the fact, does something later after the crime
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Article 78
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Article 77 & 79
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Definition Article
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Desertion: UA w/ intent to remain away permanently
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Article 85
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Absence w/o leave: leaving without authority
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Article 86
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Missing Movement: missed w/o authority
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Article 87
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Larceny/wrongful appropriation
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Article 121
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Assault
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Article 128
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Article 134, 54 additional listed
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General Article
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Is the right to charge a persons with an offense and make first determination of their case through courts of appeal
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Military authority
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Exercise their authority by conducting trails of offense against military law
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Court Martial
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Give military police their power, provide guidance for persons authorized under regulations governing armed forces
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Article 7b UCMJ/ RCM 302
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Is the authority, capacity, power, or right to act, as applied to the military; must extend to the person, place, and offense
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Military jurisdiction
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Person, who is subject to the code
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Article 2 UCMJ
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Place, states a court-martial has jurisdiction in service connected crimes in all places
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Article 5 UCMJ
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Specified in the charge must be a violation of the UCMJ, punitive articles 77-134, inclusive "service connection"
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Offense
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U.S. constitution, international law, federal statues
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Sources of jurisdiction
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Make rules for gov't and regulations of land and naval forces
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Article 1 Sec. 8
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President to be commander-in-chief
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Article 2 Sec. 2
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Derived from custom, written agreements b/w nations, writings of authorities, laws of war
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International Law
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Enacted by federal gov't on regards to matters of national concern
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Federal statutes
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Only federal gov't has the power to make and enforce the law; military police respond
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Exclusive jurisdiction
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Federal and state gov't have the authority to make and enforce general municipal laws; military and local police respond
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Concurrent jurisdiction
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Federal gov't has a degree of ownership of a piece of property but has no legislative authority; civilian police respond
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Proprietary jurisdiction
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By one branch of service over a person of another branch of service
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Reciprocal jurisdiction
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Is military jurisdiction over the civilian population in a time of emergency
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Martial law
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Military only exercise police power
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Martial Law (qualified)
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Military authority completely replaces civilian gov't
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Martial Law (absolute)
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To avoid the task of maintaining a complete code of civilian criminal laws for military bases and other federal property
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Federal Assimilative- Crimes Act
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To restrict military personnel from being used to enforce civilian law, except when acting under the authority of the U.S. constitution, an act of congress or the president of the United States
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Posse Comitatus Act
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Any material that creates a seal, doesn't allow air to pass through (ID card, poncho, MRE wrapper)
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Occlusive dressing
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Large hand kerchief, dressing, tourniquet (all purpose)
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Cravat
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Circulation, Airway, Breathing
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CAB
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Injuries observed
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Signs
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Casualty feels
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Symptoms
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Bright Red, Spurting
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Arterial Hemorrhage
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Dark Red, Steady Flow
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Venous Hemorrhage
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Dark Red, Oozing
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Capillary
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Depletion of fluid in the circulation; low blood pressure, low plasma, low electrolytes
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Hypovolemic Shock
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Last resort, damages tissue, nerve vessel, loss of limb, 1-2in above wound
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Tourniquet
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Signs of swelling, discoloration, elevate to slow blood flow, immediately transport to medical
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Internal Hemorrhage
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Protrude thur skin
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Open/ Compound fracture
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Casualty feels, hears bone break deformity, swell, loss of motion
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Closed/ Simple
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Entrance/exit wound, occlusive dressing after exhale
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Sucking chest wound
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Do not pull/push out; do not give anything to eat
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Abdominal wounds/ protruding organ
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Redden top layer burned
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1st degree burn
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Red/blisters, top 2 layers
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2nd degree burn
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All layers of skin burned, charred skin, no pain, nerve endings destroyed
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3rd degree burn
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Unexplained runny nose, drooling, headache, tightness of chest, difficulty breathing, nausea
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Nerve Agent Poisoning: Mild
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Red eyes w/tearing, seizure, unconsciousness, cessentation of breathing, death
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Nerve Agent Poisoning: Severe
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Control plan required by OSHA, reviewed annually and updated as necessary
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Exposure control plan
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Plastic bags for contaminated laundry, bio-hazard sticker warning
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Engineering/ work practice controls
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Decontaminating w/ 1:10 bleach/water solution
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Management of contaminated equipment
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To be honest and truthful, highest ethical manner, uncompromising code of integrity
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Honor
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Make decisions in the best interest of the navy and nation, moral and mental strength to do what is right
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Courage
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Day to day of every man and women to work together as a team, demand respect up and down of the chain of command
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Commitment
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Support shore based and fleet deployed CO with continued professional expertise in physical security and law enforcement; protect life and property, good order discipline, enforce law/regulation
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Navy security force mission
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Carry out your duties impartially and firmly, refrain from being disobedient, maintain high standards of appearance and wear uniform in accordance of uniform regulations
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Exercising authority
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Do not misuse official position to obtain personal or financial gain
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Abuse of position
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Do not remove official records or reports unless IAW department procedures
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Dissemination of Information
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Do not consume any intoxicant on duty or w/ 8hrs prior to duty; may not be employed as an investigator or bail bondsmen
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Off Duty Conduct
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Protects ppl against unreasonable searches and seizures
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Fourth amendment
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A quest for evidence, anything to prove or disprove an issue, examination of a person, property or premises
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Search
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Taking possession of some item of evidence
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Seizure
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Any search must be conducted in places where objects sought could reasonably be hidden
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Reasonable search
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Facts/circumstances, a reasonable and prudent person to believe that a crime has, is or will be committed and that evidence of that crime exists in a specific location
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Probable cause to search
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Less standard than probable, knowledge sufficient to induce an ordinarily prudent and cautious person to believe criminal activity at hand
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Reasonable suspicion
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Limited to 3 things, person, place and items to be seized
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Scope of search
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4th amendment, evidence seized as a result of an illegal search "fruit of the poisonous tree"
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Exclusionary rule
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Conducted by the authority of the CO, CO is briefed with the probable cause
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Command authorized search
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Affidavit For Search And Seizure, evident sought, location, description of person, background info
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OPNAV 5580/10
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Authorization for Search And Seizure; Form granting actual permission to do search (warrant)
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OPNAV 5580/9
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conducted with the consent of the person being searched
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Consent search (permissive search)
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Permissive Authorization For Search and Seizure
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OPNAV 5580/16
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search of an individual and the immediate surrounding area, conducted after individual is apprehended
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Search incident to Apprehension
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Section 5
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Witness must sign
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The area that you reasonably believe the suspect could reach, w/ a sudden move to obtain/hide a weapon or destroy evidence
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Immediate control
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Section 4
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Free decision
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A place lawfully, evidence observed in plain view may be seized
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Plain view rule
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Immediate action to prevent removal or disposal of property believed, on reasonable grounds, to be evidence of a crime
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Exigency search
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conducted in a good faith effort to render immediate medical aid
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Emergency search
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When other persons may be present and might endanger those conducting the apprehension
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Protective sweep
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To allow the accused to consult with his lawyer was a violation of his constitutional rights
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Escobedo vs. Illinois (1964)
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The right to counsel and the right against self-incrimination during police interrogation
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Miranda vs. Arizona (1966)
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Protect constitutional right of the accused, allows for admission of evidence, protects police/gov't
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Constitutional protections
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Provides protection against involuntary self-incrimination
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Fifth amendment
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Right to an attorney
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6th amendment
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Military Suspects Acknowledgement and waiver of rights
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OPNAV 5580/3
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Civilian Suspects Acknowledgement and waiver of rights
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OPNAV 5580/4
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Is taking of a person into custody, "arrest"
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Apprehension
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Restraint of free movement
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Custody
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Article 7b/ RCM 302
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Authority to Apprehend
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A permanent record of fragile evidence
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Photography
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Anything that can be admitted in court to prove or disprove facts in an issue
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Evidence
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Physical objects and marks/wounds on a persons body
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Real evidence
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Oral or written statement
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Testimonial evidence
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Tends to directly prove or disapprove a fact in an issue
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Direct evidence
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Tends to indirectly involve a person in an offense
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Circumstantial evidence
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Anything in writing
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Documentary
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Evidence/ property custody receipt
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OPNAV 5580/22
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Accuracy Brevity Clarity
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ABC
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Urgent Response, Emergency Lights, No Siren
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Code 2
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Communications Log
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OPNAV 5580/25
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Desk Journal
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OPNAV 5580/19
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General global threat
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FPCON Normal
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Increased general threat of possible terrorist activity
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FPCON Alpha
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Increased or more predictable threat
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FPCON Bravo
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Incident occurs or intelligence received indicating some form of terrorist action
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FPCON Charlie
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Immediate area where a terrorist attack has occurred or when intelligence is received that terrorist action against a specific location or person is imminent
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FPCON Delta
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Field Interview Card
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OPNAV 5580/21
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Incident Report
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OPNAV 5580/1
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Search, Silence, Segregate, Safeguard, Speed and Tag
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Five S's and T
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What, Where, When, Why, Whether?
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5 W's
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Sketch, Divide into sections, assign two person teams, conduct search fwd-aft.
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Boat Inspection
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Aim. Offset. Depress.
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Warning Shots
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