Louisiana POST - Legal Block
"plain view" doctrine - CORRECT ANSWER-states that items that are within the
sight of an officer who is legally in a place from which the view is made may
properly be seized without a warrant---as long as such items are immediately
recognizable as subject to seizure.
Requirements of the Plain view Doctrine - CORRECT ANSWER-a. officer must
have gained awareness of the item solely by sight
b. officer must be in that physical position legally
c. it must be immediately apparent that it is a seizable item.
Horton v California - CORRECT ANSWER-the 4th Amendment does not prohibit
the warrant-less seizure of evidence in plain view, even though the discovery of
the evidence was not inadvertent.
open view - CORRECT ANSWER-refers to instances when the officer is out in
open space (such as the street) but sees an item within an enclosed area
Items in open fields - CORRECT ANSWER-not protected by the 4th
Amendment's guarantee against unreasonable searches and seizures, so they
can properly be taken by an officer without a arrant or probable cause.
homes, apartments, hotel rooms, curtilage - CORRECT ANSWER-areas not
included in the Open Fields Doctrine
curtilage - CORRECT ANSWER-the area to which extends the intimate activity
associated with the sanctity of a man's home and the privacy of life
test to determine what is curtilage - CORRECT ANSWER-a. the proximity of the
area to the home
b. whether the area is in a enclosure surrounding the home
c. the nature and uses of the area
d. the steps taken to conceal the area from public view
,Open Fields Doctrine - CORRECT ANSWER-Under the __________ the
seizable property is not in a structure
Plain View Doctrine - CORRECT ANSWER-Under the ___________ the seizable
items are in a structure and may be seized, however, entrance into the structure
to seize the items requires consent, a search warrant, or exigent circumstances
Oliver v US - CORRECT ANSWER-a place that has a posted "no trespassing"
sign, has a locked gate (with a footpath around it), and is located more than a
mile from the owner's house has no reasonable expectation of privacy and is
considered a open field, unprotected by the 4th Amendment.
abandonment - CORRECT ANSWER-giving up of a thing or item absolutely,
without limitation as to any particular person or purpose. implies giving up
possession, ownership, or any reasonable expectation of privacy.
guidelines in determining abandonment - CORRECT ANSWER-where the
property is left and the intent to abandon the property
electronic surveillance - CORRECT ANSWER-the use of electronic devices to
monitor a person's activities or location
Katz v US - CORRECT ANSWER-wiretaps did violate the 4th Amendment if
Reasonable Expectation of Privacy is violated
Federal Law (Omnibus Crime Control) - CORRECT ANSWER-can only wiretap
with court order of consent by one of the two parties
Electronic Communications & Privacy Act - CORRECT ANSWER-amended all
prior laws over the matter and supplements the provisions of Title III. It set for the
specific procedures for electronic pen registers an decoders as well as
prescribed specific procedures for obtaining communications records and
services
pen registers - CORRECT ANSWER-only record numbers dialed not the
communication itself
, electronic beepers - CORRECT ANSWER-track people. limited reasonable
expectation of privacy while travelling on a public road. Get a warrant when
placing one on a vehicle.
cameras - CORRECT ANSWER-limited reasonable expectation of privacy to
what the cameras are photographing on a public road
abandonment - CORRECT ANSWER-the owner of possessor has given up
possession of item, the seized item may be illegal or legal, and the discovery of
item may be through the senses of sight, touch, hearing, smell, or taste
plain view - CORRECT ANSWER-the owner or possessor has not given up
possession of the item, the seized item must be illegal., and discovery of item
must be through the sense of sight.
This term under the 4th amendment can be defined as the excercise of dominion
or control by the government over persons or things because of a violation of law.
- CORRECT ANSWER-Seizure
These four items may be subject to a search and seizure. - CORRECT
ANSWER-Contraband
Fruits of the crime
Instrumentalities of the crime
Mere evidence
Required elements of a search warrant. - CORRECT ANSWER-Statement of
probable cause
Supporting oath or affirmation
Description of the place to be searched and things to be seized
Signature of the magistrate
Search and seizure without a warrant is per se - CORRECT
ANSWER-Unreasonable, subject to limited exceptions
Purpose of search incidental to arrest(SITA) - CORRECT ANSWER-Officer
safety
Prevent loss or destruction of evidence
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller stephanvdb04. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.
