Louisiana POST - Legal Block latest updated version with expert solitions + rationales

"plain view" doctrine

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

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

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

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

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

areas not included in the Open Fields Doctrine

curtilage

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

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

Under the __________ the seizable property is not in a structure

Plain View Doctrine

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

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

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

where the property is left and the intent to abandon the property

electronic surveillance

the use of electronic devices to monitor a person's activities or location

Katz v US

wiretaps did violate the 4th Amendment if Reasonable Expectation of Privacy is violated

Federal Law (Omnibus Crime Control)

can only wiretap with court order of consent by one of the two parties

Electronic Communications & Privacy Act

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

only record numbers dialed not the communication itself

electronic beepers

track people. limited reasonable expectation of privacy while travelling on a public road. Get a warrant when placing one on a vehicle.

cameras

limited reasonable expectation of privacy to what the cameras are photographing on a public road

abandonment

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

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.

Seizure

These four items may be subject to a search and seizure.

Contraband

Fruits of the crime

Instrumentalities of the crime

Mere evidence

Required elements of a search warrant.

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

Unreasonable, subject to limited exceptions

Purpose of search incidental to arrest(SITA)

Officer safety

Prevent loss or destruction of evidence

Prevent escape

Requirements of SITA

Contemporaneous

At the place of arrest

Two types of searches

Body and area

These types of intrusions are generally allowed as SITA (hand inspection, hair and nail clippings, swabbing, etc.)

Exterior

These types of intrusions generally require a warrant or consent.

Interior

Area of immediate control is also known as

Wingspan

In motor vehicles the wingspan is the entire

Passenger compartment

Opened and closed containers in the passenger compartment may be searched but not if they are

Locked

Giving consent temporarily waived a person's

4th amendment rights

Requirements and limits of a valid waiver(consent)

Voluntary

Stay within allowable scope

Person must have authority to give consent

An officer cannot seek consent or any other waiver of constitutional right by

Mis representation or deception

An emergency that makes obtaining a warrant impractical, useless, dangerous, or unnecessary

Exigent circumstances

Examples of exigent circumstances

Danger of physical harm to officer

Destruction of evidence

Searches in hot pursuit

Danger to a third person

Teachers and administrators have ____ ____ (less than PC) to search if a school rule or law was violated

Reasonable grounds

____ and ____ homes may be searched as a special need beyond law enforcement

Probationers

Parolees

Use of dogs to sniff containers and luggage ____ constitute a search under the 4th Amendment

Does not

Search conducted by government investigators/inspectors to determine violations of government rules and regulations

Administrative

For surgery to remove evidence a ____ government interest must far outweigh the level of intrusion into the individuals rights

Compelling

These types of letters and packages are fully protected under the 4th amendment

First class

A parcel can be ____/____ for a reasonable time until a warrant is obtained

Detained

Diverted

An exception to administrative searches are closely ____ businesses

Regulated

Per US v Jones a search warrant is needed to attach

GPS

Most lower courts ____ police drug testing policies

Uphold

Searches by private persons are not governed by the

4th amendment

4th amendment only applies to searches and seizures by

Government

Warrant obtained based on probable cause and on an exception that seizable items will be found at a certain place

Anticipatory

Means that search must occur at the time of, or very close in time and place to, the arrest

Contemporaneous

These searches generally occur when announcement would present a strong threat of violence or danger to the officer

No knock

Case related to probable cause

Brinegar

Degree of privacy that entitles a person's constitutional rights to be protected from government intrusion in private or public places

Reasonable expectation of privacy

Leading case in reasonable expectation of privacy

US v Katz

Case: State's chief investigator and prosecutor is not neutral and detached, so any warrant issued by him or her is not valid

Coolidge v New Hampshire

Case: The validity of a warrant must be judged in light of the information available to the officers at the time they obtained the warrant.

Maryland v Garrison

Case: Police may only search the arrestee's vehicle subsequent to hit arrest, when it is reasonable that the arrestee could access a weapon or destroy evidence of his arrest, contained within the vehicle

Arizona v Gant

Case: Placing a GPS device on a suspect's vehicle and monitoring the device requires a search warrant

US v Jones

Case related to body search

US v Robinson

Case related to "area of immediate control" search

Chimel v California

Required for body search

SITA

Full custodial arrest

Search warrant required for first class mail. (T/F)

True

Deter Police Misconduct

The purpose of the exclusionary rule is?

Government, Citizens

The exclusionary rule addresses evidence obtained by the ___________, and not by_________________

Criminal, Civil

The exclusionary rule can only be used in _________________ cases and not in ______________ cases.

Remedy, Right, Suppress

The exclusionary rule is a ______________ and not a _______________; It would be addressed in courts through a Pre-Trail Motion to _________________

Feds adopt the exclusionary rule

Weeks v. U.S.

Arizona v. Gant

takes away the blanket search of a vehicle incidental to arrest and allows search only when subject is still a threat to officers and a search of the vehicle is in furtherance of obtaining evidence for which the person is arrested

Silver Platter Doctrine

A procedure that permitted evidence to be submitted in Federal Court (by federal officers) even though it was illegally seized by state law enforcement officers

Pre-trial motions to suppress

When would a lawyer try to exclude your evidence

4th

Only the person whose ___ Amendment rights have been violated can invoke this rule

Once the Primary evidence is shown to have been unlawfully obtained, any secondary or derivative evidence derived from it is also inadmissible.

Fruit of the Poisonous Tree

The illegally obtained evidence is considered Tainted>

Fruit of the Poisonous Tree

Good Faith

Inevitable discovery

Purged Taint

Independent Source

What are the 4 exceptions to the Exclusionary rule?

For the stop to be valid, the officer must

Observe unusual conduct that leads him or her reasonably to conclude, in the light of his or her experience, that criminal activty is about to or has just just taken place, and the person with whom he or she is dealing with may be armed and dangerous

In the course of investigating the suspicious behavior, the officer must

Identify himself or herself as a police officer and make reasonable inquiries

If the requirements for the stop are met, the officer, for his or her own______ and that of others in the area, may conduct a carefully limited search (____ _____) of the outer clothing of the person in an attempt to discover ______ that might be used to assault him or her

Safety

Pat down

Weapons

Stop differ from an arrest and that the stop is a? A stop requires ____ while an arrest requires _____ ____.

Temporary detention for investigation another full custodial arrest. RS, PC

The seizure of a person under the fourth amendment is determined by whether the ____ ____ under like circumstances will believe that he or she was ___ ___ ____. Stop based on the guidelines of Terry versus Ohio would indicate that the person is not for the life therefore making it a seizure under the fourth amendment

Reasonable person; free to leave

They frisk differs from my full search and that it is a __ _____ form of a search limited to the outer clothing. A __ ____ into clothing pockets etc. would require ___ ___. They frisk is permitted of the officer has a _____ ____ _____ let the person being detained may be in possession of a _____. Therefore the sole legal purpose for a frisk is ____ ____ or more precisely the purpose is locating a weapon and weapons only

Less intrusive

Full search

PC

Reasonably articulable suspicion

Weapon

Officer safety

They frisk is reasonable only for the purpose of the spelling the officers concerned that the subject being stopped may be ____ and dangerous to the officer or two others based upon the ____ ___ ____.

Armed

TOC

A frisk is ___ ________ justified on every stop.

NOT Automatically

They frisk is not only for persons but also for ____. A frisk can also be conducted of the interior passenger compartment for weapons when there is reasonable suspicion for the frisk.

Vehicles

For a frisk to become a search requires that we have either ___ ____ or some other exception to the rules such as consent exigent circumstances search incident to arrest Plain View plain feel etc.

PC

The frisk must be limited to

Outer clothing

If a weapon is ____, the officer may ____ and arrest if appropriate

Felt

Obtain

In a vehicle to frisk is limited to the passenger compartment including close containers but ___ ____ containers

Not locked

Officer safety and the safety of others is the ____ limited purpose of the frisk; meaning, the officer is only ____ in a check for weapons

Sole

Justified

During a frisk, an object that feels like a weapon may be ____ ____

Properly seized

Station house to change and tax place at the police station is used for obtaining:

Fingerprints photographs lineups identification and other types of evidence

What is a set of identifiers develop my lawn Forssman agency describing the types of individuals who are likely to transport drugs?

Drug courrier profile

I stop cannot be based ____ upend drug courrier profile. The facts taken in ____ ___ _____, must establish ___ ____. US v. Sokolow

Solely

TOC

PC

What is Immigration officials practice of conducting surprise visit to factories and asking employees questions to determine if they are illegal aliens? Immigration and naturalization service v. Delgado. The court ruled that this type of brief questioning ___ ___ ______ a seizure under 4th amendment; therefore, no RS needed

Factory survey

Does NOT constitute

What is an act to see you sometime love you Sibal evidence can be found on the suspect frequently referring to those general search is not based upon a particular objective basis for establishing RS. The sole purpose for Friske is for officer safety. If the officers purpose for frisk is deemed to be a fishing expedition for events that frisk is ____ ____.

Fishing expedition

NOT justified

RS: it is an imprecise standard. It is ____ ____ PC but ____ ___ a mere suspicion. Based upon facts and circumstances observed as well as the individual officer's training, experience, and knowledge. RS like PC is determined by the ___ ___ ___and whether the detaining officer has a particularized and objective basis for suspecting wrongdoing.

Less than

More than

TOC

: an investigatory start does not constitute an arrest and is permissible when prompted by both the observation of ____ ____ leading to a reasonable suspicion that criminal activities about to take place in the ability to point to ____ ____ to justify that suspicion. After the stop the officer my frisk the person if the officer reasonably suspects personal danger to himself or others

Terry v. Ohio

Unusual conduct

Articulable facts

: do United States Supreme Court held that the African season nine weapons contraband if it is ____ ____ that it is contraband however in this case he proceeded to squeeze slut and manipulated and effort to determine if it will contraband therefore it is not immediately apparent to be contraband the court consider the evidence _____

Minnesota v. Dickerson

Immediately apparent

Inadmissible