Louisiana POST Academy: Understanding Search and Seizure Laws, Exams of Advanced Education

Download Louisiana POST Academy: Understanding Search and Seizure Laws and more Exams Advanced Education in PDF only on Docsity!

Louisiana POST Academy

Types of Property Subject to Seizure - Answer- 1. Contraband

2. Fruits of the crime
3. Instrumentalities of the crime
4. Mere evidence Requirements for the 4th Amendment - Answer- 1. Oath and affirmation
5. Particularity
6. Probable Cause
7. Review/signature of judge Probable Cause - Answer- Facts and circumstances within law enforcement officers' knowledge and certain information they believe to be trustworthy is sufficient in itself to warrant a reasonable belief that a crime has been committed, is being committed, or will be committed True or False: The 4th Amendment established the Exclusionary Rule - Answer- False Who established the Exclusionary Rule? - Answer- U.S. Supreme Court Weeks v. U.S. (1914) - Answer- Established Federal Exclusionary Rule. The original purpose of the rule was to deter unconstitutional/unlawful law enforcement officer conduce Mapp v. Ohio (1961) - Answer- Established State Exclusionary Rule, via the 14th Amendment, 47 years after the federal exclusionary rule was established. What was the purpose of the exclusionary rule? - Answer- To prevent law enforcement officers from engaging in unlawful conduct In 1984, the Supreme Court created 4 exceptions to the Exclusionary Rule: - Answer- 1. Inevitable discovery
8. Public safety doctrine
9. Good faith obtaining of a warrant (U.S. v. Leon, Massachusetts v. Shepherd)
10. Independent source doctrine
11. Search in a foreign country (1999) True or false: A U.S. citizen is protected anywhere, and anyone within the jurisdiction of the U.S.A. - Answer- True

True or false: The Fourth Amendment does not apply to a private person. - Answer- True True or false: LEOs need to have a warrant to search. - Answer- True Any evidence submitted by a private person that they obtain ____________ ____ _______ ______ __________________ is admissible in any court of the U.S. - Answer- on their own initiative Sources of Information for Probable Cause: - Answer- 1. The four senses (see, hear, touch, smell-never taste)

2. Your expertise or expertise of others (St. v. Jackson - 2010)
3. Informants
4. Information from an eye witness or victim
5. Information from an accomplice
6. Information from the subject himself
7. Information from within your own LE community
8. Specially trained animals (Florida v. Harris) What verifies accuracy of an informant? - Answer- 1. Credibility
9. Track record What verifies reliability of an informant? - Answer- 1. How
10. When
11. Where If you have a source of unknown credibility, what should you do? - Answer- Tell the judge he is of unknown credibility, but corroborate the information. Three ways to establish probable cause: - Answer- 1. LEO's own knowledge of particular facts and circumstances
12. Information given to the LEO that may be a reliable third party
13. Information obtained from a third party whose reliability is not known Minnesota v. Dickerson - Answer- Plain Feel Seizure - If a frisking LEO's fingers touch something that (without manipulation) is immediately apparent to be contraband, then the LEO can seize the item. True or false: With reasonable suspicion, you can stop. - Answer- True What is the purpose of a pat down? - Answer- To make sure the man is not armed. Terry v. Ohio - Answer- LEOs can stop a suspect, briefly, with reasonable suspicion of criminal activity, frisk the detainee, with reasonable suspicion that he is armed and dangerous, and seize the weapon and search him.

Article 215.1 - Answer- Temporary questioning of persons in public places; frisk and search for weapons Florida v. J.L. - Answer- Unlike a tip from a known informant whose reputation can be assessed and who can be held responsible if her allegations turn out to be fabricated, an anonymous tip alone seldom demonstrates the informant's basis of knowledge of veracity. Arrest - Answer- The taking of one person into custody by another. To constitute arrest there must be an actual restraint of the person. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting him. Elements of Arrest - Answer- 1. Arrest authority

2. Intention to arrest
3. Understanding by the individual being arrested that he or she is under arrest
4. Actual seizure (arrest) and detention Types of Arrest - Answer- 1. Arrest with a warrant
5. Arrest without a warrant Contemporaneous - Answer- At the moment of arrest or shortly thereafter What can the police due after making a lawful arrest? - Answer- 1. Pat him down
6. Search incidental to the outer body
7. Search the area contemporaneous within arms' reach
8. Handcuff
9. Monitor his movement
10. Inventory his property
11. Inner body search under medical supervision (not automatic) Possible exceptions to go through a cell phone without a warrant (Search incidental to arrest) - Answer- 1. Emergency
12. Danger of loss of evidence
13. Making a deal
14. Consent
15. Court order Booking Procedures (Article 228) - Answer- 1. Proper legal name of arrestee, if known
16. Charges upon which he was arrested
17. Your name (making the arrest)
18. Short representation of the fact
19. Name of all persons arrested in addition to him
20. Complete booking summary or why a complete booking summary could not be completed

County of Riverside v. McLaughlin - Answer- A jurisdiction that provides judicial determinations of probable cause within 48 hours of arrest, will, as a general matter, comply with the promptness requirement. Other types of warrants - Answer- 1. Bench warrant

2. John Doe warrant
3. Summons True or false: Officers can only pat down those who put their safety at risk - Answer- True How can you detain when you have a search warrant? - Answer- 1. Probable cause - arrest if found
4. Officer safety
5. Facilitate the search
6. Prevent the loss of evidence Exceptions to the search warrant - Answer- 1. Emergency
7. Hot pursuit
8. Preventing or stopping destruction or loss of evidence
9. Search incidental to arrest
10. Consent Within exceptions to a search warrant, what are the exigent circumstances? - Answer-
11. Emergency
12. Hot pursuit
13. Preventing or stopping destruction or loss of evidence Under federal law, Oliver v. U.S. Supreme Court stated: - Answer- There is no privacy in an open field. Under LA law: - Answer- An open field is private, whether it is posted or not. True or false: When you enter a residence, you have an automatic right to pat down everyone. - Answer- False True or false: You can pat down anyone who puts you in a fear for your safety - Answer- True True or false: If you have a warrant, and you find evidence you are looking for, you have probable cause to place him under arrest. - Answer-