Legal cases Louisiana post
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. - CORRECT
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. - CORRECT 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. - CORRECT ANSWER-Arizona v. Gant
(2009)
Placing a GPS device and monitoring the device requires a search warrant. -
CORRECT ANSWER-U.S. v. Jones
Feds adopt the exclusionary rule - CORRECT ANSWER-Weeks v. U.S.
States adopt the exclusionary rule and state it's an essential part of both the 4th
and 14th amendments. - CORRECT ANSWER-Mapp v. Ohio
Established two prong tests for determining probable cause on the basis of
information obtained from an informant. - CORRECT 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. - CORRECT 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. - CORRECT ANSWER-Illinois
v. Gates
A leading case on information plus corroboration - CORRECT ANSWER-Draper
v. U.S.
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. - CORRECT 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 - CORRECT 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. - CORRECT 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. - CORRECT 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 - CORRECT 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
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