Louisiana POST (updated to
pass)question and answer
Kirby v. Illinois - CORRECT ANSWER-The sixth and Fourth amendment rights to
counsel do not apply to pre-indictment identification procedures.
US v. Wade - CORRECT ANSWER-Held that a lineup or other face to face
confrontation after the accused has been formally charged with an offense is
considered a critical stage of proceedings; therefore the accused has a right to
have counsel present.
Tennessee v. Garner - CORRECT ANSWER-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.
Katz v. US - CORRECT ANSWER-warrantless wiretaps violate the 4th
Amendment
Miranda v. Arizona - CORRECT ANSWER-Supreme Court held that criminal
suspects must be informed of their right to consult with an attorney and of their
right against self-incrimination prior to questioning by police.
Watson v US - CORRECT ANSWER-An arrest warrant is not required to arrest a
suspected felon in a public place if probable cause for arrest exists
Terry v. Ohio - CORRECT ANSWER-Held that a police officer on less than
probable cause for arrest, may pat down a suspicious person whom he has
reason to believe presents a present danger to himself or others
Chimel v. California - CORRECT ANSWER-Held that a police officer, after
making a lawful arrest, could legally search only the area within the arrestee's
immediate control. Arm-span or wing-span theory
, Pennsylvania v. Mimms - CORRECT ANSWER-Held that police officers can
compel a driver to step out of his car when stopping him for a minor traffic
violation
Gideon v. Wainwright - CORRECT ANSWER-Held that the fourth amendment
requires the appointment of counsel for indigent defendants in state criminal
cases whether the offense is capital or non capital
Draper v. U.S. (1959) - CORRECT ANSWER-Information obtained from a
proven, reliable informant is good enough to establish probable cause in order to
obtain a search warrant.
Schmerber v. California - CORRECT ANSWER-held that the taking of physical
evidence such as a blood sample over objection did not violate defendants
constitutional rights and is admissible in evidence
Caroll v US - CORRECT ANSWER-Held that automobiles and conveyances
being highly mobile, may be searched without a warrant in circumstances that
will not justify the search without a warrant of a house or an office provided there
is probable cause to believe they contain articles that the officers are entitled to
see use i.e. contraband
US v. Robinson - CORRECT ANSWER-Held that the Fourth Amendment
PERMITS a warrantless search incident to a lawful custodial arrest of motorist.
Mapp v. Ohio - CORRECT ANSWER-Held that evidence obtained in violation of
the fourth amendment against unreasonable searches and seizures was
inadmissible in state criminal prosecutions by virtue of the due process clause of
the 14th amendment known as the exclusionary rule
New York v. Belton - CORRECT ANSWER-the constitutionally permissible scope
of a search incident to a lawful custodial arrest extends to the passenger
compartment of the automobile in which the person was riding
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