Fourth Amendment and Search and Seizure, Exams of Advanced Education

Download Fourth Amendment and Search and Seizure and more Exams Advanced Education in PDF only on Docsity! Louisiana POST - Legal Block Exam Questions and Answers "plain view" doctrine - 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 - 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 - 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 - 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 - 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 - Answer- areas not included in the Open Fields Doctrine curtilage - 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 - 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 - Answer- Under the __________ the seizable property is not in a structure Plain View Doctrine - 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 - 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 - 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 - Answer- where the property is left and the intent to abandon the property electronic surveillance - Answer- the use of electronic devices to monitor a person's activities or location Katz v US - Answer- wiretaps did violate the 4th Amendment if Reasonable Expectation of Privacy is violated Federal Law (Omnibus Crime Control) - Answer- can only wiretap with court order of consent by one of the two parties Electronic Communications & Privacy Act - 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 - Answer- only record numbers dialed not the communication itself electronic beepers - Answer- track people. limited reasonable expectation of privacy while travelling on a public road. Get a warrant when placing one on a vehicle. cameras - Answer- limited reasonable expectation of privacy to what the cameras are photographing on a public road abandonment - 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 - 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. - Answer- Seizure These searches generally occur when announcement would present a strong threat of violence or danger to the officer - Answer- No knock Case related to probable cause - Answer- Brinegar Degree of privacy that entitles a person's constitutional rights to be protected from government intrusion in private or public places - Answer- Reasonable expectation of privacy Leading case in reasonable expectation of privacy - Answer- 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 - Answer- 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. - Answer- 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 - Answer- Arizona v Gant Case: Placing a GPS device on a suspect's vehicle and monitoring the device requires a search warrant - Answer- US v Jones Case related to body search - Answer- US v Robinson Case related to "area of immediate control" search - Answer- Chimel v California Required for body search - Answer- SITA Full custodial arrest Search warrant required for first class mail. (T/F) - Answer- True Deter Police Misconduct - Answer- The purpose of the exclusionary rule is? Government, Citizens - Answer- The exclusionary rule addresses evidence obtained by the ___________, and not by_________________ Criminal, Civil - Answer- The exclusionary rule can only be used in _________________ cases and not in ______________ cases. Remedy, Right, Suppress - Answer- 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 - Answer- Weeks v. U.S. Arizona v. Gant - Answer- 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 - Answer- 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 - Answer- When would a lawyer try to exclude your evidence 4th - Answer- 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. - Answer- Fruit of the Poisonous Tree The illegally obtained evidence is considered Tainted> - Answer- Fruit of the Poisonous Tree Good Faith Inevitable discovery Purged Taint Independent Source - Answer- What are the 4 exceptions to the Exclusionary rule? For the stop to be valid, the officer must - Answer- 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 - Answer- 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 - Answer- Safety Pat down Weapons Stop differ from an arrest and that the stop is a? A stop requires ____ while an arrest requires _____ ____. - Answer- 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 - Answer- 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 - Answer- 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 ____ ___ ____. - Answer- Armed TOC A frisk is ___ ________ justified on every stop. - Answer- 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. - Answer- 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. - Answer- PC The frisk must be limited to - Answer- Outer clothing If a weapon is ____, the officer may ____ and arrest if appropriate - Answer- Felt Obtain In a vehicle to frisk is limited to the passenger compartment including close containers but ___ ____ containers - Answer- 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 - Answer- Sole Justified Officers stop defendant for a traffic infraction however they admit that they wanted to stop him for reasons not by itself reasonable suspicion for the stop. court ruled that the basis of the analysis under the fourth amendment is not on the _____ intent of the officers but rather whether their actions were _____ ______. DiVall a traffic infraction is the law for basis of the stop in at the subjective intent of the officers. - Answer- When v. US Subjective Objectively reasonable Where in the Louisiana statute book is code of criminal procedure found? - Answer- 215.1 Articulable RS of criminal activity = - Answer- Stop Articulable RS of criminal activity+ stop+suspicion of danger= - Answer- Frisk Articulable RS of criminal activity+stop+suspicion of weapon= - Answer- Search probable cause - Answer- ______ ____ is defined as more than bare suspicion. It exists when "the facts and circumstances w/in the officers knowledge and of which they had reasonable trustworthy info are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed. reasonable suspicion - Answer- _____ _____ is a less demanding standard than probable cause not only in the sense that ______ _____ can be established w/ info that is different in quantity and content than that required to establish probable cause, but also in the sense that _____ ____ can arise from info that is less reliable than that required to show prob. cause. This is defined in alabama v white. man of reasonable caution - Answer- ____ ___ ____ ____ is defined as the average man on the street who, under the same circumstances, would believe that the person being arrested had committed the offense or that the items to be seized would be found in a specific place. totality of circumstances - Answer- _____ ___ ____ is defined as the test that, if a neutral and detached magistrate determines that, based on informants info and all other available facts, there is probable cause to believe that an arrest or search is justified. arrest - Answer- the level of certainty needed in order for a police officer to make an_____ is probable cause. stop and frisk - Answer- the level of certainty needed in order for a police officer to conduct a ____ ____ ____ is reasonable suspicion. when probable cause is required - Answer- 1. arrest w/warrant 2. arrest w/out warrant 3. search & seizure of property w/ warrant 4. search & seizure of prop. w/out warrant 2 advantages in obtaining a warrant prior to acting - Answer- 1. presumption of probable cause 2. valid defense in civil cases how probable cause can be established - Answer- 1. officers own knowledge 2. info given by reliable 3rd party (i.e. informant) 3 info + corroboration aguilar v texas - Answer- established 2 prong tests for determining prob. cause on the basis of info obtained from an informant (no longer needed) spinelli v us - Answer- "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. illinois v gates - Answer- abandoned the requirement of the 2 independent tests as they were too rigid, holding instead that the 2 prongs should be treated merely as relevant considerations in the totality of circumstances. draper v us - Answer- a leading case in info + corroboration. new york v quarles - Answer- 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. hayes v florida - Answer- reasonable suspicion alone does not permit the police to transport a suspect to the police station to obtain fingerprints. Prob. cause or judicial notice is required. Minnesota v dickerson - Answer- during a frisk of a suspects outer clothing an officer may remove a weapon or contraband from his pocket if it is immediately apparent to the officer that the item is in fact a weapon or contraband la v waters - Answer- 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 officers observations not only met the reasonable suspicion standard, but also met that of the prob. cause based on the wording of LRS 32:79-- improper lane use. la v surtain - Answer- an officer must fear for his safety or believe that a suspect is armed in order to frisk the suspect during an investigatory stop. la v a jackson - Answer- a warrant less 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 (which was anexception to warrant rule) coming from the interior of the vehicle and observed the suspect, during the stop, place something on the floorboard of the vehicle. Decision of the court of appeals reversed; judgement denying the motion to suppress reinstated; case remanded. deter police misconduct - Answer- the purpose of the exclusionary rule is to ____ ____ ____. government - Answer- the exclusionary rule addresses evidence obtained by the ______ and not by citizens. criminal - Answer- the exclusionary rule can only be used in ___ cases and not in civil cases. remedy - Answer- the exclusionary rule is a ____ and not a right; it would be addressed in courts thru a pre trial motion to suppress. feds - Answer- in week v US, the ____ adopted the exclusionary rule. states - Answer- in mapp v ohio, ______ adopt the exclusionary rule and states it is an essential part of both the 4th and 14th amendments. arizona v gant - Answer- takes away the blanket search of a vehicle incidental to arrest and allows search only when the subject is a threat to officers and a search of the vehicle is in furtherance of obtaining evidence for which person is arrested. silver platter doctrine - Answer- at one time, we had the ____ ____ ____, which was a procedure that permitted evidence to be submitted in federal court (by federal officers) even tho it was illegally seized by state law enforcement officers. fruit of the poisonous tree - Answer- once the primary evidence is shown to have been unlawfully obtained, any secondary or derivative evidence derived from it is also inadmissible. The illegally obtained evidence is considered tainted. good faith - Answer- _____ ____ exceptions to the exc. rule: 1.error was committed by judge/magistrate, not by police 2. error by court employee 3. police were wrong but believed info for warrant was accurate. 4. police believed person who consent had authority to do so Graham v. Connor states that when dealing with reasonable force it must be based on the action of a _______ at the time of the incident. - Answer- Reasonable ofc on the scene What branch of government consists of the president, this branch ensures that laws are carried out - Answer- Executive What branch of government consists of Senate. This branch passes the nation's law - Answer- Legislative What branch consists of US Supreme Court. This branch interprets the law - Answer- Judicial What does the US have, meaning that there is one system for federal cases and another for state cases - Answer- Dual court system What court system hears criminal and civil cases that involve constitutional and federal law policies and special subject matter such as bankruptcy? - Answer- Federal court system What is it called when a certain number of justices must agree to consider a case on its merits - Answer- Rule of 4 What is it called for the US Supreme Court to hear a case in a full body - Answer- En banc What court system reserves the power to hear could civil and criminal cases related to state laws and state constitutional issues - Answer- State court system What is dual sovereignty? - Answer- Holds that the federal government and the states are separately sovereign. What refers to the power of a court to try a case? - Answer- Jurisdiction What is it called when the place where case is tried? - Answer- Venue What is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts? - Answer- Appellate review What is the court that hears cases on appeal from another court? - Answer- Appellate court What are the three results of the appellate process? - Answer- Affirmation: where the review in court basically agrees with the result of the lower courts ruling Reversal: where the review in court basically disagrees with the result of the lower courts ruling and overturns their decision Reverse and remand: where the review in court since the case back to the lower court What is the Latin term that means to standby decided cases. Is it legal principle that which judges are obliged to respect the precedent established a prior decisions - Answer- Stare decisis The judicial practice of star decisis leads to _____ _____ meaning that decisions of courts have value as precedent for future similar cases - Answer- Judicial precedent What court interprets state statute or municipal ordinance will be respected as authoritative Avon by the United States Supreme Court unless it involves a constitutional question in which case the United States Supreme Court becomes the final arbiter - Answer- State supreme court What court makes decisions on questions of federal law and the constitution are bonding on our United States courts because the whole country is under jurisdiction - Answer- Us Supreme Court ______ _____: The United States Constitution contains the most important rights available to an accused in a criminal prosecution. The ____ __ ____ is the term used for the first 10 amendments to the United States Constitution. ____ ______ generally recognized the federal rights and we actually give greater rights than some federal rights. Generally no state constitution can reduce federal he guaranteed rights the general is that states can grant more rights but not less - Answer- Federal constitution Bill of Rights State constitutions What are laws that cover General rights but in more detail for specific situations.? - Answer- Statutory Law What is the set of decisions by a court that can be cited as precedent? This is the law as set out by courts in cases they decide within the jurisdiction - Answer- Case Law Define Court Rule: - Answer- Courts of general supervisory powers of those agencies under them. The rules of the courts have the force of law and must be followed What states that no one shall be "deprived of life, liberty, or property without due process of law."? - Answer- Due Process Clause I Amendment: - Answer- Freedom of religion speech press assembly and petition of the government for redress of grievances IV Amendment: - Answer- Provides protection against unreasonable search and seizure V Amendment: - Answer- Provides protection against self-incrimination and protect against double jeopardy. Prohibits the taking of life liberty or property without due process of law. Right to grand jury indictment for capital or serious crime. VI Amendment: provides right to counsel right to a speedy trial right to a public trial right to an impartial jury right to confront witnesses right to the assistance of counsel and right to be informed of the nature and causes of the accusation - Answer- : provides right to counsel right to a speedy trial right to a public trial right to an impartial jury right to confront witnesses right to the assistance of counsel and right to be informed of the nature and causes of the accusation VIII Amendment: - Answer- Provides protection against excessive bail and prohibition against cruel and unusual punishment XIV Amendment: - Answer- Provides the right to due process and the right to equal What case is and example of how US Supreme Court incorporates a right ? - Answer- Duncan v. Louisiana What was the case holding of Duncan versus Louisiana. - Answer- A crime punishable by two years in prison although classified under Louisiana law as a misdemeanor is a serious crime and therefore the defendant is entitled to a jury trial The procedures before trial in order are: - Answer- a. filing a complaint b. arrest c. booking d. initial appearance/magistrate/Miranda rights e. setting a bail f. preliminary hearing/probable cause/binding over g. decision to charge/article 61/DA what and if he will charge h. indictment/information/ DA Bill of Information/grand jury indictment i. arraignment/informed of charges/ask to give plea j. plea by defendant k. plea bargaining The procedures during trial in order are: - Answer- a. selection of jurors b. opening statements prosecution c. opening statements defense d. presentation prosecution/all evidence e. presentation defense/all evidence f. rebuttal evidence g. closing arguments prosecution/defense h. defense motions before the verdict: acquittal/mistrial motion i. instruction to the jury: principals of the law/explain the law j. jury deliberation: jury foreman/voice of the jury k. verdict