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Legal cases Louisiana post. Exam Questions With Correct Answers

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Legal cases Louisiana post. Exam Questions With Correct Answers A state's chief investigator and prosecutor ( state AG) is not neutral and detached, so any warrant issued by him or her is not valid. - answerCoolidge v. New Hampshire The validity of a warrant must be judged in light of the infor...

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  • September 17, 2024
  • 7
  • 2024/2025
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Legal cases Louisiana post. Exam Questions
With Correct Answers


A state's chief investigator and prosecutor ( state AG) is not neutral and detached, so any warrant
issued by him or her is not valid. - answer✔Coolidge v. New Hampshire
The validity of a warrant must 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 may 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 the exclusionary rule and state it's an essential 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.

, ©THEBRIGHTSTARS 2024
Established the public safety doctrine and affirmed reasonable suspicion for the detention of a
person matching the description of a rape suspect located nearby the scene of the crime and
within minutes of it. - answer✔New York v. Quarles
Reasonable suspicion alone does not permit the police to transport a suspect to the police station
to obtain fingerprints. Probable Cause or judicial authorization is required - answer✔Haves v.
Florida
During a frisk of a suspect's outer clothing an officer may remove a weapon or contraband from
his pockets if it is immediately apparent to the officer that the item is in fact a weapon or
contraband. - answer✔Minnesota v. Dickerson
A vehicle travelling on the roadway at 0310 hours was stopped after its tires bumped the fog line.
The legality of the stop was challenged and the courts ruled that the officer's observations not
only met the Reasonable Suspicion standard, but also met that of Probable Cause based on 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 when he retrieved the paperwork from the glove
compartment, he smelled the odor of burnt marijuana (exception to warrant rule) coming from
the interior of the vehicle and observed the suspect during the stop placed something on
floorboard of the vehicle. Decision of the court of appeals reversed; judgment denying the
motion to suppress reinstated; case remanded. - answer✔State (LA) v. Jackson
An investigatory stop does not constitute an arrest and is permissible when prompted by both (1)
the observation of unusual conduct leading to a reasonable suspicion that criminal activity is
about to take place and (2) the ability to point to specific and articulable facts to justify that
suspicion. After the stop, the officer may frisk the person if the officer reasonably suspects
personal danger to himself or herself or to other persons - answer✔Terry v. Ohio
: The Court held that the government's authority to conduct suspicion less inspections at the
border includes the authority to remove, disassemble, and reassemble a vehicle's fuel tank. "The
expectation of privacy is less at the border than it is in the in interior - answer✔U.S. v. Flores-
Montano
: LA Supreme Court ruled that unprovoked flight from a clearly identifiable law enforcement
officer while holding his waistband is reasonable suspicion, justifying a pursuit and stop, but not
necessarily an arrest by itself. - answer✔St. v. Benjamin, 722 (LA 1998)
Unprovoked flight from a high crime area is reasonable suspicion to stop and detain. -
answer✔Illinois v. Wardlow

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