LOUISIANA POST STUDY GUIDE 2025/2026 QUESTIONS
WITH ANSWERS GRADED A+
✔✔Testimonial evidence - ✔✔- Miranda warnings
- rights waived
- voluntary statement
- free will
✔✔Custodial Interrogation - ✔✔Takes place when suspect is in custody and under
interrogation. Both must be present
✔✔Under arrest or deprived of freedom - ✔✔Suspect considered in custody is either
_____ or when they aren't under arrest but ______
✔✔Limited, police, reasonable person - ✔✔Suspect deprived of freedom in significant
way when their freedom is ________ by ______ and a _______________________ in
the sake circumstances would feel he or she was in custody
✔✔Interrogation, incriminate - ✔✔An _______ is when police ask questions that tend to
______
✔✔Functional equipment of interrogation - ✔✔When no questions are being asked by
police but circumstances are conducive
✔✔Miranda warnings - ✔✔(1) You have the right to remain silent;
(2) Anything you say can be used against you in court;
(3) You have the right to an attorney; and
(4) If you cannot afford an attorney, one will be appointed for you if you so desire.
(5) you may decide at anytime to exercise the rights to stop questioning
✔✔Custodial Interrogation - ✔✔Required to advise a suspect of Miranda rights anytime
he is a subject to a ________
✔✔Cease , 5th amendment rights, inadmissible - ✔✔Once a suspect no longer wants to
speak with attorney, interrogation must ________ further questioning violates his
____________________ and will be ruled ______________ in court of law
✔✔Waiver - ✔✔An intentional, knowing relinquishment of a legal right.
✔✔intelligent waiver - ✔✔one given by a suspect who knows what he or she is doing
✔✔Intelligent and Voluntary Waiver - ✔✔one that is both intelligent and voluntary in that
the suspect knew what he was doing and it was not the result of any threats, force, or
coercion and was of the suspect's own free will
,✔✔Intelligently and Voluntarily - ✔✔Miranda rights can be waived after the warnings
have been given
✔✔Volunteered / without interrogation article 218.1,229,230 - ✔✔Officer does not ask
any questions
On the scene questioning
Statement is ____________
Different from a volunteered statement is one given by a suspect
_________________________________
Threat to publicize safety specified in New York v. Quarles
✔✔Arizona v. Fulminante - ✔✔Reversal error made by trial court-does not lead to
conviction or error is harmless
✔✔Affirmed, reversed, harmful - ✔✔If the admission constitutes a harmless error, the
conviction is _________ the conviction is _______ if the error is deemed ________ or if
the prosecution fails to establish beyond a reason doubt that error was harmless
✔✔••Miranda Rule: Custodial interrogation, incriminate, counsel, intelligently,
voluntarily, prior - ✔✔By the ______________ ________ evidence obtained by the
police during _____________________________ of a suspect cannot be used in court
during trial unless the suspect was first informed of the right not to ______ himself and
of the right to _____________. That right must also be waived _______________ and
______________ by the suspect _________ to the confession or admission given.
✔✔Watson v. United States - ✔✔If probable cause exist, warrant is not required to
arrest a felon in a public place
✔✔Carroll v. United States - ✔✔Warrantless search of motor vehicle
✔✔United States v Robinson - ✔✔When a person is lawfully arrested and taken into
custody, he or she may be searched without a warrant;
✔✔Mapp v. Ohio - ✔✔Against unreasonable searches and seizures known as
exclusionary rules
✔✔New York v. Belton - ✔✔Lawful custodial arrest extends to the passenger
compartment "wingspan"
✔✔South Dakota v. Opperman - ✔✔An INVENTORY SEARCH, following standard
police procedures, of an impounded vehicle is not an unreasonable search so long as it
is not done as a pretext concealing an investigatory police motive
, ✔✔United States v Ross - ✔✔If the police have probable cause, they may search
"every part of a vehicle that might contain the object of the search"
✔✔Escobedo v. Illinois - ✔✔Process shifts from investigatory to accusatory
✔✔Miranda v. Arizona - ✔✔Absence of an intelligent waiver, confessions, and other
statements obtained by interrogation in police custody was not inadmissible in evidence.
✔✔Schmerber v. California - ✔✔The taking of physical evidence such as a blood
sample over objection.
✔✔United States v Katz - ✔✔Reasonable expectation of privacy
✔✔Gideon v. Wainwright - ✔✔Requires the appointment of counsel for indigent
defendant
✔✔Draper v. United States - ✔✔Information from reliable source can be used as
sufficient to establish probable cause
✔✔Aguilar v. Texas - ✔✔in obtaining a search warrant, the affidavit must be detailed
and cannot contain conclusions
✔✔Gregg v. Georgia - ✔✔upheld the death penalty was NOT cruel and unusual
punishment
✔✔Penn v. Mimms - ✔✔Can order driver out of car even without reasonable suspicion
that driver poses a threat.
✔✔Terry v. Ohio - ✔✔police can search w/o reasonable doubt that suspicious person
will cause danger to himself or others
✔✔Chimel v. California - ✔✔Incident to arrest an officer may search the person and the
"area within the immediate control"
✔✔Bail bond - ✔✔An obligation signed by the accused, with sureties, to secure his
presence in court.
✔✔Bail - ✔✔To set at liberty a person or imprisonment
✔✔arrest warrant - ✔✔A court order, signed by a judge, that authorizes the arrest of a
particular person.
✔✔Arrest - ✔✔to take into custody
WITH ANSWERS GRADED A+
✔✔Testimonial evidence - ✔✔- Miranda warnings
- rights waived
- voluntary statement
- free will
✔✔Custodial Interrogation - ✔✔Takes place when suspect is in custody and under
interrogation. Both must be present
✔✔Under arrest or deprived of freedom - ✔✔Suspect considered in custody is either
_____ or when they aren't under arrest but ______
✔✔Limited, police, reasonable person - ✔✔Suspect deprived of freedom in significant
way when their freedom is ________ by ______ and a _______________________ in
the sake circumstances would feel he or she was in custody
✔✔Interrogation, incriminate - ✔✔An _______ is when police ask questions that tend to
______
✔✔Functional equipment of interrogation - ✔✔When no questions are being asked by
police but circumstances are conducive
✔✔Miranda warnings - ✔✔(1) You have the right to remain silent;
(2) Anything you say can be used against you in court;
(3) You have the right to an attorney; and
(4) If you cannot afford an attorney, one will be appointed for you if you so desire.
(5) you may decide at anytime to exercise the rights to stop questioning
✔✔Custodial Interrogation - ✔✔Required to advise a suspect of Miranda rights anytime
he is a subject to a ________
✔✔Cease , 5th amendment rights, inadmissible - ✔✔Once a suspect no longer wants to
speak with attorney, interrogation must ________ further questioning violates his
____________________ and will be ruled ______________ in court of law
✔✔Waiver - ✔✔An intentional, knowing relinquishment of a legal right.
✔✔intelligent waiver - ✔✔one given by a suspect who knows what he or she is doing
✔✔Intelligent and Voluntary Waiver - ✔✔one that is both intelligent and voluntary in that
the suspect knew what he was doing and it was not the result of any threats, force, or
coercion and was of the suspect's own free will
,✔✔Intelligently and Voluntarily - ✔✔Miranda rights can be waived after the warnings
have been given
✔✔Volunteered / without interrogation article 218.1,229,230 - ✔✔Officer does not ask
any questions
On the scene questioning
Statement is ____________
Different from a volunteered statement is one given by a suspect
_________________________________
Threat to publicize safety specified in New York v. Quarles
✔✔Arizona v. Fulminante - ✔✔Reversal error made by trial court-does not lead to
conviction or error is harmless
✔✔Affirmed, reversed, harmful - ✔✔If the admission constitutes a harmless error, the
conviction is _________ the conviction is _______ if the error is deemed ________ or if
the prosecution fails to establish beyond a reason doubt that error was harmless
✔✔••Miranda Rule: Custodial interrogation, incriminate, counsel, intelligently,
voluntarily, prior - ✔✔By the ______________ ________ evidence obtained by the
police during _____________________________ of a suspect cannot be used in court
during trial unless the suspect was first informed of the right not to ______ himself and
of the right to _____________. That right must also be waived _______________ and
______________ by the suspect _________ to the confession or admission given.
✔✔Watson v. United States - ✔✔If probable cause exist, warrant is not required to
arrest a felon in a public place
✔✔Carroll v. United States - ✔✔Warrantless search of motor vehicle
✔✔United States v Robinson - ✔✔When a person is lawfully arrested and taken into
custody, he or she may be searched without a warrant;
✔✔Mapp v. Ohio - ✔✔Against unreasonable searches and seizures known as
exclusionary rules
✔✔New York v. Belton - ✔✔Lawful custodial arrest extends to the passenger
compartment "wingspan"
✔✔South Dakota v. Opperman - ✔✔An INVENTORY SEARCH, following standard
police procedures, of an impounded vehicle is not an unreasonable search so long as it
is not done as a pretext concealing an investigatory police motive
, ✔✔United States v Ross - ✔✔If the police have probable cause, they may search
"every part of a vehicle that might contain the object of the search"
✔✔Escobedo v. Illinois - ✔✔Process shifts from investigatory to accusatory
✔✔Miranda v. Arizona - ✔✔Absence of an intelligent waiver, confessions, and other
statements obtained by interrogation in police custody was not inadmissible in evidence.
✔✔Schmerber v. California - ✔✔The taking of physical evidence such as a blood
sample over objection.
✔✔United States v Katz - ✔✔Reasonable expectation of privacy
✔✔Gideon v. Wainwright - ✔✔Requires the appointment of counsel for indigent
defendant
✔✔Draper v. United States - ✔✔Information from reliable source can be used as
sufficient to establish probable cause
✔✔Aguilar v. Texas - ✔✔in obtaining a search warrant, the affidavit must be detailed
and cannot contain conclusions
✔✔Gregg v. Georgia - ✔✔upheld the death penalty was NOT cruel and unusual
punishment
✔✔Penn v. Mimms - ✔✔Can order driver out of car even without reasonable suspicion
that driver poses a threat.
✔✔Terry v. Ohio - ✔✔police can search w/o reasonable doubt that suspicious person
will cause danger to himself or others
✔✔Chimel v. California - ✔✔Incident to arrest an officer may search the person and the
"area within the immediate control"
✔✔Bail bond - ✔✔An obligation signed by the accused, with sureties, to secure his
presence in court.
✔✔Bail - ✔✔To set at liberty a person or imprisonment
✔✔arrest warrant - ✔✔A court order, signed by a judge, that authorizes the arrest of a
particular person.
✔✔Arrest - ✔✔to take into custody
