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Legal Cases Louisiana Post Exam Questions And Correct Answers
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Legal Cases Louisiana Post Exam Questions AndCorrect Answers
Because the chief investigator and prosecutor of a state is neither neutral nor detached,
any warrant he issues does not meet the standards for a warrant. Answer Coolidge v.
New Hampshire
The validity of the warrant is to be judged in light of the information available to the
officers at the time they obtained the warrant. A warrant that is overboard in describing
the place to be searched is valid if based on a reasonable but mistaken belief at the time
the warrant is issued. Also see, exclusionary rule lecture under good faith exceptions. -
Answer Maryland v. Garrison
Police can only search the arrestee's vehicle subsequent to his arrest, when it is
reasonable that the arrestee could access a weapon or destroy evidence of his arrest,
contained within the vehicle. - Answer Arizona v. Gant (2009)
Placing a GPS device and monitoring the device requires a search warrant. - Answer U.S.
v. Jones
Feds adopt the exclusionary rule - Answer Weeks v. U.S.
States adopt exclusionary rule and state it is an indispensable part of both the 4th and
14th amendments. - Answer Mapp v. Ohio
Established two prong tests for determining probable cause on the basis of information
obtained from an informant. - Answer Aguilar v. Texas
"Innocent-seeming activity and data" and a "bald and unilluminating assertion of
suspicion in an affidavit are not to be given weight in magistrate's determination of
probable cause. An officer may use credible hearsay to establish probable cause, but an
, affidavit based on an informant's tip must satisfy the two-pronged Aguilar test. - Answer
Spinelli v. United States
Abandoned the requirement of the two independent tests as they were too rigid, holding
instead that the two prongs should be treated merely as relevant considerations in the
totality of the circumstances. - Answer Illinois v. Gates
A leading case on information plus corroboration - Answer Draper v. U.S.
Establishe the public safety doctrine and upheld as reasonable suspicion the detention of
a person matching the description of a rape suspect discovered near the scene of a crime
and only minutes after. - New York v. Quarles,
Reasonable suspicion alone does not allow police to take a suspect to the police station
to take fingerprints. It requires Probable Cause or judicial authorization - Answer Haves v.
Florida
During a pat-down of the suspect's outer clothing, an officer may reach into the suspect's
pockets and remove an item if it feels like and the officer has reason to believe it is a
weapon or contraband. - Minnesota v. Dickerson
A vehicle traveling along the highway at 0310 hrs was detained after its tires rubbed the
fog line. The stop was appealed on legality and the courts found that the officer's
observations satisfied not only the Reasonable Suspicion standard, but also the Probable
Cause standard because of the wording of LRS 32:79 -improper lane use. - Answer State
(LA) v. Waters
An officer must fear for his safety or believe that a suspect is armed in order to frisk the
suspect during an investigatory stop - Answer State (LA) v. Surtain
- A warrantless search of a vehicle was challenged in a motion to suppress evidence after
the officer removed a can of bug spray from the vehicle and located 13 bags of marijuana
in the false bottom of the can. The officer testified that as he reached into the glove
compartment to get the paperwork, he smelled the odor of burnt marijuana emanating
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