Federal Criminal Law and Procedure
Federal Criminal Law and Procedure
This domain tests the legal frame around an NCIS investigation: jurisdiction, offense elements, search and seizure, custodial interrogation, counsel, and the interaction between federal law and the UCMJ. You are expected to spot the legal issue before evidence is lost or a statement is spoiled.
Core rules
- Jurisdiction depends on status and place: active-duty members, dependents, civilian employees, contractors, and property under Navy or Marine Corps control can create concurrent or exclusive authority. Confirm the basis before interviewing or searching.
- For searches, identify the Fourth Amendment authority: warrant or search authorization, consent, exigency, search incident to arrest, automobile, or plain view. Military search authorizations are governed by the Military Rules of Evidence and command authorization procedures; do not assume a criminal warrant is the only route.
- Probable cause is a practical, totality-of-the-circumstances judgment. Reasonable suspicion supports brief stops and some investigative steps, not a full search.
- Custodial interrogation triggers Miranda; military suspects also receive Article 31(b), UCMJ warnings. Waiver must be voluntary, knowing, and intelligent. Once counsel is requested, questioning must stop.
- Federal statutes commonly charged include theft of government property, false statements, obstruction, and child exploitation offenses; the UCMJ covers military-specific offenses.
Worked example
A contractor is suspected of stealing tools from a naval base. Because the suspect may be a civilian, do not default to UCMJ charging. Confirm jurisdiction, identify the federal theft statute and elements, preserve property records, and obtain consent or legal process for a workspace search. If custody is contemplated, plan warnings and document the exact words used.
Traps
Assuming military status; treating consent as unlimited when it was scope-limited; continuing questions after an invocation; and confusing probable cause with proof beyond a reasonable doubt.