LA Bar - Criminal Procedure |267 questions| with correct answers

Search and seizure CORRECT ANSWER -Found in the U.S. Constitution, 4th Amendment which states: -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. Search and seizure cont. CORRECT ANSWER - Law of SS only applies to state actors and not to citizens - ex of state actors are: ---police officers ---state/fed agency regulatory officials (inspectors) ---Government agencies pursuing internal, work-related -----investigations of their employees ---Public school teachers. Search and seizure cont.. CORRECT ANSWER -You must have standing to object to a 4th amendment violation. -Louisiana's constitution provides extra protection by allowing any person "adversely affected" to have standing. Search and seizure's two clauses CORRECT ANSWER 1. Reasonableness Clause: All searches and seizures must be reasonable. Search and seizure's two clauses cont. CORRECT ANSWER 2. Warrant Clause: Establishes requirement of a warrant and sets forth the requirements for a valid warrant --Must be issued by a neutral and detached magistrate;