Louisiana POST - Legal Block Exam
Questions And Answers |Latest 2025 |
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"plain view" doctrine - 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 - 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 - 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 - 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 - 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.
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homes, apartments, hotel rooms, curtilage - Answer✔areas not included in the Open Fields
Doctrine
curtilage - 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 - 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 - Answer✔Under the __________ the seizable property is not in a
structure
Plain View Doctrine - 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 - 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 - 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 - Answer✔where the property is left and the intent to
abandon the property
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electronic surveillance - Answer✔the use of electronic devices to monitor a person's activities
or location
Katz v US - Answer✔wiretaps did violate the 4th Amendment if Reasonable Expectation of
Privacy is violated
Federal Law (Omnibus Crime Control) - Answer✔can only wiretap with court order of consent
by one of the two parties
Electronic Communications & Privacy Act - 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 - Answer✔only record numbers dialed not the communication itself
electronic beepers - Answer✔track people. limited reasonable expectation of privacy while
travelling on a public road. Get a warrant when placing one on a vehicle.
cameras - Answer✔limited reasonable expectation of privacy to what the cameras are
photographing on a public road
abandonment - 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 - 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.
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