Louisiana POST - Legal Block questions with correct answers
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LA. POST Certification
Institution
LA. POST Certification
"plain view" doctrine Correct 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...
Louisiana POST - Legal Block questions with correct
answers
"plain view" doctrine Correct 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 Correct 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 Correct 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 Correct 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 Correct 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 Correct Answer-areas not
included in the Open Fields Doctrine
,curtilage Correct 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 Correct 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 Correct Answer-Under the __________ the
seizable property is not in a structure
Plain View Doctrine Correct 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 Correct 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 Correct 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 Correct Answer-where the
property is left and the intent to abandon the property
electronic surveillance Correct Answer-the use of electronic devices to
monitor a person's activities or location
Katz v US Correct Answer-wiretaps did violate the 4th Amendment if
Reasonable Expectation of Privacy is violated
Federal Law (Omnibus Crime Control) Correct Answer-can only
wiretap with court order of consent by one of the two parties
Electronic Communications & Privacy Act Correct 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 Correct Answer-only record numbers dialed not the
communication itself
electronic beepers Correct Answer-track people. limited reasonable
expectation of privacy while travelling on a public road. Get a warrant
when placing one on a vehicle.
, cameras Correct Answer-limited reasonable expectation of privacy to
what the cameras are photographing on a public road
abandonment Correct 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 Correct 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. Correct Answer-Seizure
These four items may be subject to a search and seizure. Correct
Answer-Contraband
Fruits of the crime
Instrumentalities of the crime
Mere evidence
Required elements of a search warrant. Correct Answer-Statement of
probable cause
Supporting oath or affirmation
Description of the place to be searched and things to be seized
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