Legal Aspects Study Guide. LA-POST Questions with Correct Answers
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LA. POST Certification
Institution
LA. POST Certification
The rules governing criminal proceedings in the United States come from four basic sources: Correct Answer-1. Constitutions (Federal and State)
2. Statutes
3. Case Law
4. Court Rule
The Federal Constitution contains the most important rights available to an accused in a criminal prosecution. ...
Legal Aspects Study Guide. LA-POST Questions with
Correct Answers
The rules governing criminal proceedings in the United States come
from four basic sources: Correct Answer-1. Constitutions (Federal and
State)
2. Statutes
3. Case Law
4. Court Rule
The Federal Constitution contains the most important rights available to
an accused in a criminal prosecution. These safeguards are enumerated
in the: Correct Answer-Bill of Rights, which are the first 10
Amendments to the United States constitution.
What is the 4th Amendment. Correct Answer-The right of the people to
be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.
What is the 5th Amendment. Correct Answer-1. Right to a grand jury
indictment for capital or other serious crime.
2. Protection against self incrimination.
3. Prohibits the taking of life, liberty, or property without due process of
law.
, 4. Protection against double jeopardy (being punished more than once
for the same offense).
The primary purpose of the exclusionary rule was: Correct Answer-To
deter police misconduct- The basic procedure for excluding evidence on
a claim of illegal search and seizure is a Pre-trial motion to suppress the
evidence.
The meaning of Good Faith: Correct Answer-Evidence obtained by the
police is admissible even if there was an error or mistake, as long as the
error or mistake was not committed by the police, or, if committed by
the police, the error or mistake was honest and reasonable.
The meaning of Inevitable Discovery: Correct Answer-Evidence is
admissible if the police can prove that they would inevitably have
discovered the evidence anyway by lawful means regardless of their
illegal action.
The Fruit of the Poisonous Tree Doctrine states: Correct Answer-That
once the primary evidence is shown to have been unlawfully obtained,
any secondary evidence derived from it is also inadmissible.
In the United States v. Ortiz, the Court ruled that: Correct Answer-What
may not amount to probable cause to an untrained person may be
sufficient for probable Cause in the estimation of a police officer
because of his or her training or experience.
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