Louisiana POST random latest updated version with expert solitions + rationales

Curtilage

The area to which extends the intimate activity associated with the sanctity of a mans home and privacy of life

4th Amendment

Protects you from the government conducting unlawful search and seizures where you have reasonable expectation of privacy.

Seizure

The dominion or control by the government over person or things because of a violation of the law.

Qualified Immunity

Protection when the officer acts in good faith

Voyeurism

Peeping Toms

Incest

Sexual relations with a near relative

Necrophilia

A sexual attraction or sexual intercourse with dead bodies

Schizophrenia

A psychosis characterized by withdraw from reality with high variable, accompanying affective behavioral and intellectual disturbances.

Pyromania

A compulsion to set fires

Masochism

A sexual perversion in which one person derives pleasure from physical pain inflicted by another.

Kleptomania

A compulsion to steal an object regardless of its value or worth.

Crime Against Nature

Unnatural sex acts or unnatural sexual intercourse

Rigors Mortis

Temporary rigidity of muscles occurring after death

En Banc

Is a session in which a case is heard before all the judges of a court.

Voir Dire

Is the questioning of prospective witnesses to determine prejudice or other problems for challenges to the jurors

Stare Decisis

The doctrine that when a court of the state has once laid down a principal of law as applicable to certain facts, it will adhere to the principal and apply it to future cases where the facts are substantially the same

Nolle Prosequi

A declaration to a court by the plaintiff that he does not wish to future prosecute the case

Modus Operandi

Method of operation by criminals

Mittimus

A writ issued from a court directing a officer to convey the person named therein to jail or other place of confinement

Mens Rea

Criminal, literally a guilty mind

Mandamus

A writ which issues out of a superior court directed to any person corporation of inferior court requiring them to do a particular thing

Mali Fides

In bad faith

Habeas Corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

Corpus

The body which a crime has been committed

Tennessee vs. Garner

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.

Chimel vs. California

Incident to arrest an officer may search the person and the "area within the immediate control"

Graham vs. Conner

use of force

Illinois vs. Gates

totality of the circumstances

Arizona vs. Gant

You can only search for what is subsequent to arrest when it is reasonable that the arrestee could access a weapon or destroy evidence in a vehicle.

Riley vs. California

A warrant is needed to search a cell/smart phone

Birchfield vs. North Dakota

DWI blood draw requires a warrant

Florida vs. Rover

Allows officer to search a subject due to search incident to arrest.

Katz vs. U.S.

right to privacy; warrantless wiretaps if telephone violated "per se" (4th Amendment)

Terry vs. Ohio

Justifies an officer in stopping and frisking a subject if they have reasonable suspicion.

Mapp vs. Ohio

Established that evidence seized illegally is inadmissible in court. "exclusionary rule"

Carrol vs. U.S.

Established the search of a vehicle DOES NOT require search warrant. "warrantless search of vehicles"

Miranda vs. Arizona

Establishes that all individuals must be warned o their rights before being interrogated, if not their statements are inadmissible in court. "5th Amendment; self incrimination"

Brown vs. Mississippi

Confession obtained by brutality and violence was invalid under due process clause of the 14th Amendment

Duncan vs. Louisiana

A crime punishable by two years in prison although classified under LA law as a misdemeanor is a serious crime. Therefore the defendant is entitled to a jury trial.

Wong vs. Sun

Fruit of the poisonous tree (4th Amendment)

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to bear arms

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

Right to a speedy trial

7th Amendment

Right to trial by jury

8th Amendment

cruel and unusual punishment

10th Amendment

State and local police powers

14th Amendment

Rights of Citizens; Due process of law

Reasonable and Necessary

Force must be used?

Lethal Force

A baton blow to the neck, head, or throat is considered?

Outward

When handcuffing, palms should face?

Average, Typical, and Routine

Words peace officers need to get away from?

True

Juveniles and adults are handled the same way when it comes to probable cause and handcuffing.

Rim-Fire and Centerfire

Two types of ammunition are:

Center-Mass

When aiming at a target you aim for?

Interview, Interrogate

You ______ a witness, and you ______ a suspect.

Texas Rangers

The first state police agency was the:

Heroin

Schedule I

Marijuana

Schedule I

Cocaine

Schedule II

Methamphetamine

Known as "speed"

Aggravated Assault

a person that inflicts serious injury upon another person or uses a deadly weapon

First Degree Rape

A rape committed upon a person 65 years of age or older; the victim is prevented from resisting the act by threats of great and immediate bodily harm; the victim is prevented from resisting the act because the offender is armed with a dangerous weapon; the victim is under the age of 13; two or more offenders participated in the act; or the victim suffers from a physical or mental infirmity preventing such resistance.

Second Degree Rape

A rape committed: (1) forcible compulsion; OR (2) vulnerable victim (incapacitated, developmentally disabled, frail elder, vulnerable adult)

Third Degree Rape

A rape committed : (1) when the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity; OR (2) the acts is her husband and such belief is intentionally induced.

Homicide

the killing of one person by another

Simple Burglary

The unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein.

simple burglary of an inhabited dwelling

is the unauthorized entry of any inhabited dwelling, house, apartment, or other structure used in whole or in part as a home or place of abode by a person or persons with the intent to commit a felony or any theft therein, other than as set fourth

Unauthorized entry of an inhabited Dwelling

is the intentional entry by a person w/out authorization into any inhabited dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person.

Armed Robbery

the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.

First Degree Robbery

the taking of anything of value belonging to another from the person of another, or that is in the immediate control of another, by use of force or intimidation, when the offender leads the victim to reasonably believe he is armed with a dangerous weapon

Second Degree Robbery

The taking of anything of value belonging to another from the person of another or that is in the immediate control of another when the offender intentionally inflicts serious bodily injury.

Simple Robbery

The taking of anything of value belonging to another from the person of another or that is in immediate control of another, by use of force or intimidation but NOT armed with a dangerous weapon

Punitive Force

Force that is improperly applied by a police officer

Reasonable Force

force that a prudent and cautious person would use if exposed to similar circumstances; limited to the amount of force that is necessary to accomplish legitimate and proper results.

Deadly Force

Level of force that would lead a reasonable police officer objectively to conclude that its use poses a high risk of death or serious injury.

Initial, Supplemental, Concluding

Three types of reports are:

Physical, Circumstantial, Testimonial

Three types of evidence:

Police, Courts, Corrections

What are the three major components of the Criminal Justice System?

Rules of plain view doctrine

1. Items position within the officers sight, 2. Officers legal presence, 3. Must be immediately apparent that the item is subject to seizure.

10 years of age

Anyone under the age of ___ cannot be charged.

Exigent Circumstances

when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure

Consent Search

a permissible warrantless search of a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place

Crime

the conduct which is defined as criminal

Jurisdiction

The authority of a court to hear a case

Recidivist

repeat offender

4th Amendment

Sobriety checkpoints are NOT AGAINST the:

Squib Loads

A distinctive high pitch bang when fired.

10 days

NSF checks have how many days notice?

True

90% of arrest are warrantless

True

When moving from another state, vehicle registration has to be immediately transferred?

Necessity and Reasonableness

To affect an arrest on a juvenile you need the following:

Defensive Weapon

Baton is what kind of weapon?

Double Jeopardy (5th Amendment)

Does not apply to State and Federal trials:

investigating officer

A person's property (vehicle included) is the ___ responsibility after an arrest or accident.

contributing to the delinquency of juveniles

If an adult tells a juvenile to commit a crime, the adult can be charged with?

Rape

If a couple is married but separated and the husband has sex with the wife it is still considered___ if it is against her will.

Punishment

The difference between Felonies and Misdemeanors is?

Quick and Safe Arrival

What's your primary responsibility when responding to a call ..?