Louisiana POST Legal latest updated version with expert solitions + rationales

California v. Acevedo

A case in which the Court ruled that the Fourth Amendment permits police to conduct a warrantless search of a container within an automobile if they have probable cause

US v. Robinson

Scope of the search of a person incident to arrest is for evidence of a crime, means of escape, & weapons

Chimel v. California

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

Coolidge v. New Hampshire

a neutral and detached magistrate

Maryland v. Garrison

Where police reasonably believe their warrant was valid during a search, execution of the warrant does not violate respondent's Fourth Amendment rights

US v. Jones

Court found that police use of a GPS tracker constituted a 'search' and required a valid warrant

Arizona v. Gant

Police may only search a vehicle incident to arrest if: The arrestee might access the vehicle @ the time of search, or the vehicle contains evidence of the offense he was arrested for. (Overturned NY v Belton 1981)

Mapp v. Ohio

Established the exclusionary rule was applicable to the states

Weeks v. US

established exclusionary rule

US v. Leon

good faith exception

Katz v. US

1967, the government can not tap your phone without a warrant. (Overturned Olmstead v US 1928)

Terry v. Ohio

stop and frisk

Illinois v. Wardlow

Mere presence in crime area isn't sufficient for terry stop

Whren v. US

said that the courts are not required to consider an officer's motive for stopping a vehicle as long as the officer had an objective basis for the stop. Because of Whren, pretext stops do not violate the Fourth Amendment.

Brinegar v. US

right to be convicted by proof beyond a reasonable doubt

Alabama v. White

Court decided an anonymous tip to police provided reasonable suspicion for a Terry stop

Illinois v. Gates

totality of the circumstances

Levels of Proof

-Absolute Certainty

-Beyond Reasonable Doubt

-Clear and Convincing Evidence

-Probable Cause

-Reasonable Suspicion (Stop and Frisk)

-Suspicion

-Reasonable Doubt

-Hunch/No Info

Fruits of the Poisonous Tree

Evidence derived from an illegal or unconstitutional act is also inadmissible

Exclusionary Rule Exceptions

1. if the state can show it was obtained from a source independent of the original illegality

2. if an intervening act of free will of the defendant breaks the chain between the evidence and the original illegality.

3. if the state can show that the evidence inevitably would have been discovered anyway.

Silver Platter Doctrine

permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases

Hold Harmless Agreement

A contractual provision that obligates one of the parties to assume the legal liability of another party.

Independent Source

exception to the exclusionary rule permitting the use of evidence discovered independent of any improper search or seizure

Inevitable Discovery

the police can use evidence if it would inevitably have been discovered

Purged Taint Exception

Evidence obtained is admissible if the defendant's subsequent voluntary act dissipates the taint of the initial illegality.

Wade-Gilbert Rule

after being formally charged with a crime, a suspect in a lineup or other confrontation is entitled to have a lawyer present

Stare Decisis

let the decision stand

8th Amendment

No cruel or unusual punishment

Accessory after the fact

someone who, knowing a crime has been committed, helps conceal the crime or the criminal

Kirby v. Illinois

The sixth and Fourth amendment rights to counsel do not apply to pre-indictment identification procedures.

When is probable cause required?

arrest with a warrant

arrest without a warrant

search and seizure with a warrant

search and seizure without a warrant

How can probable cause be established?

1. Officers own knowledge.

2. Information given by reliable 3rd party.

3. Information plus corroboration.

Aguilar v. Texas

Established a two prong test for search warrants that require a: 1. A credible source, 2. A reliable base of knowledge.

CASE

Spinelli v. US

"innocent seeming activity and data" and a "bald and unilluminating assertion of suspicion" in an affidavit are not to be given weight in a magistrate's determination of prob. cause. An officer may use credible hearsay to establish prob cause, but an affidavit based on an informants tip must satisfy the 2 pronged aguilar test.

Draper v. U.S.

A leading case on information plus corroboration

inevitable discovery

the police can use evidence if it would inevitably have been discovered

US v. Ross

Justifies probable cause in the search of a lawfully stopped vehicle, to include the search of every part of the vehicle and its contents

Carol v US

warrantless search of vehicles are highly mobile

Independent Source Doctrine

the doctrine that permits evidence to be admitted at trial as long as it was obtained independently from illegally obtained evidence

good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

circumstancial evidence

Indirect evidence that leads to a reasonable inference of the defendant's guilt

Fruit of the Poisonous Tree

Evidence derived from illegally obtained evidence is tainted and also inadmissible.

Harmless Error Rule

A rule stating that an error made by the trial court in admitting illegally obtained evidence does not lead to a reversal of the conviction if the error is determined to be harmless. The prosecution has the burden of proving that the error is in fact harmless.

Self-Incrimination Clause

prevents defendants from being forced to testify against themselves

Show-Up

Bringing of a witness or victim to a subject

Line-Up

a grouping of people shown to a victim or a witness for the purpose of identifying the perpetrator

motion to suppress

A request that the court prohibit the use of certain evidence at the trial.

burden of proof

the obligation to present evidence to support one's claim

challenge for cause

ability to exclude a prospective trial juror if bias or prejudice is indicated

Dangerous Weapon

article capable of causing injury

Misdemeanor

a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

Felony

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

bill of information

a criminal complaint filed by the district attorney or prosecutor

property

anything of value that is owned or controlled

forseeable

Refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception

Open View

applies to instances when the officer is out in open space but sees an item within an enclosed area

Plain View

evidence that's found in a location that anybody could see and, therefore, doesn't require a warrant

stationhouse detention

detention takes place at the police station and is used for obtaining fingerprints, photographs, conducting police lineups, or securing identification or other types of evidence

Stop and Frisk

to "pat down" or search the outer clothing of someone whom the police believe is acting suspiciously

Minnesota v. Dickerson

Plain Feel: Must be there legally, must immediately recognize contraband, & must not manipulate

search and siezure

the search for and taking of persons and property as evidence of crime

1st degree robbery

LRS 14:64.1

is 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.

2nd degree robbery

LRS 14:64.4

is 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.

Sexual Battery

Intentional and wrongful physical contact with a person, without his or her consent, that entails a sexual component or purpose.

armed robbery

using a dangerous weapon to take something from a person

homicide

the killing of one person by another

Simple Battery

unlawful touching of another person without consent

Curtilage

the area immediately surrounding the home

Capias

a warrant issued by the court for an officer to take a defendant into custody

Hot Pursuit Exception

exception to the warrant requirement when police chase a suspect into a home

How long is a search warrant good for?

10 days

How long is an arrest warrant valid?

Indefinitely or until served

4th Amendment

Protection against Unreasonable Search and Seizure

After an arrest police can:

1) Search the arrestee

2) Search the area of immediate control

3) Search the passenger compartment of a motor vehicle.

4) Use handcuffs in accordance with agency policy.

5) Monitor the arrestee's movements.

6) Search the arrestee at the place of detention.

During an arrest, police cannot

1. enter a third party residence without exigent circumstances

2. conduct a warrantless sweep

3. invite the media to ride along

Two types of force used in police work

Deadly and Non-Deadly

A frisk is ____ __________ justified on every stop

not automatically

Frisk is limited to

outer clothing

during a frisk an object that feels like a weapon may be

properly seized

The Purpose of the exclusionary rule is to

deter police misconduct

The exclusionary rule can only be used in _______ cases and not in _____ cases

criminal; civil

When would a lawyer try to exclude your evidence

-Normally during the PREMOTION TRIAL to SUPRESS

-Only the person whose 4th Amendment rights have been violated can invoke this rule.

-You might try to defend your actions as a HARMLESS ERROR

Fruit of the Poisonous Tree

once the PRIMARY evidence is shown to have been unlawfully obtained, any SECONDARY evidence derived from it is also inadmissible. Illegally obtained evidence is considered TAINTED

3 Branches of Government

Legislative, Executive, Judicial

The Result of an appeal can be:

Affirmation

Reversal

Reverse and Remand

Exigent Circumstances

i. Defined - An EMERGENCY that makes obtaining a warrant impractical, useless, dangerous, or unnecessary.

ii. Danger of PHYSICAL HARM to the officer.

iii. Destruction of EVIDENCE

iv. Searches in hot PERSUIT

1. Allows Warrantless entry into a house to search for a dangerous suspect who is being pursued and whom they have a reasonable belief is on the premises.

v. Danger to a 3RD PERSON

1. E.G. - Hearing screams for help.

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

Dogs; does not

Identify the requirements for specific searches such as:

1. Body Searches

i. Search Incident to Arrest - full custodial arrest.

ii. Body Cavity Searches not justified as SITA

iii. EXTERIOR intrusions generally are allowed.

iv. INTERIOR intrusions require a warrant, consent or other specific exceptions.

2. Surgery to remove evidence

i. A COMPELLING governmental interest must far outweigh the level of intrusion into the individual's rights.

ii. Realistically, any surgery merely for evidentiary purposes likely won't be up-held

3. Mail Searches

i. FIRST Class letters and packages are fully protected under the 4th Amendment.

ii. Requires a search warrant

iii. Parcel can be DIVERTED/DETAINED for a reasonable time until a warrant is obtained.

contemporaneous

happening at or around the same time

No-knock warrant

A warrant that allows the police to enter without announcing their presence in advance.

Brinegar v. US

right to be convicted by proof beyond a reasonable doubt

witness

someone who sees an event and reports what happened

Hearsay

information received from other people that one cannot adequately substantiate; rumor.

6 Types of Privileged Communication

1. Attorney/Client

2. Husband/Wife

3. Pastor/Pennant (Clergyman/Confessor)

4. Trained Peer Support

5. Doctor/Patient

6. Accountant/Client

relevant evidence

Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.

What is "The Rule"?

The Rule of sequestration.

What are the rules of "The Rule"?

1.No discussing of facts of the case, except with counsel.

2. Separation of self from the courtroom.

3. No listening to testimony or court room proceedings.

Another

Refers to any OTHER person or legal entity, including the state of Louisiana or any subdivision thereof.

self-incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

Anything of value

Must be given the broadest possible construction, including any CONCIEVABLE thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other available for hire. It must be construed in the broad popular sense of the phrase, not necessarily as synonymous with the traditional legal term "property". In all cases involving shoplifting the term "value" is the actual retail price of the property at the time of the offense.