Louisiana POST Study Guide – Comprehensive Exam
Preparation (Grades 1–6)
probable cause - correct answer ✔✔ more than bare suspicion. it exist when the facts and
circumstances within the officers knowledge and of which they had reasonable trustworthy
information are sufficient in themselves
reasonable suspicion - correct answer ✔✔ less demanding standard than probable cause not
only in the same sense that reasonable suspicion can be established with information that is
different in quantity and content that is required to establish probable cause. reasonable
suspicion can arise from information that is less reliable than that required to show probable
cause.
Alabama V. White - correct answer ✔✔ established Reasonable Suspicion
Man of reasonable caution - correct answer ✔✔ the average man of the street, who under the
same circumstances, would believe that the person being arrested had committed the offense
or that the items to be seized would be found in a specific place
Illinois V. Gates - correct answer ✔✔ established Totality of circumstances ( the test that if a
neutral and detached magistrate determines that, based on informants information and all
other available facts, there is probable cause to believe that an arrest or search is justified.
probable cause - correct answer ✔✔ the level of certainty needed in order for a police officer to
make an arrest
reasonable suspicion - correct answer ✔✔ the level of certainty needed in order for a police
officer to conduct a stop and frisk
,Aguilar V. Texas - correct answer ✔✔ Established a two prong test for determining probable
cause on the basis of information obtained from an informant :
1. Reliability of the informant
2. Reliability of the informants information
Spinelli V. United States 1969 - correct answer ✔✔ established an officer may use credible
hearsay to establish probable cause, but an affidavit based on an informants tip must satisfy the
two-pronged Aguilar Test
Illinois V. Gates - correct answer ✔✔ established that totality of the circumstance replaced
"separate and independent" as the standard of probable cause in the Aguilar test.
Draper V. U.S. 1959 - correct answer ✔✔ established that information from an informant plus
corroboration satisfied Probable Cause
New York Vs. Quarless - correct answer ✔✔ established the public safety doctrine and affirmed
reasonable suspicion for the detention of a person matching the description of a suspect
located nearby the scene of the crime within minutes of it
Hayes V. Florida - correct answer ✔✔ Reasonable suspicion alone does not permit the police to
transport a suspect to the police station to obtain fingerprints. Probable Cause or judicial
authorization is required
Minnesota V. Dickerson - correct answer ✔✔ Established the "plain feel" doctrine that states
that when police officers conduct Terry-type searches for weapons, they are free to seize items
detected through their sense of touch, as long as the plain feel makes it "immediately apparent"
that the item is contraband. If an item seized through a search is not "immediately apparent,"
then it can be suppressed in court.
, Dual Sovereignty - correct answer ✔✔ the federal government and the states are separately
sovereign. So, the Federal government may prosecute offenders separately for crimes
committed within their jurisdiction.
jurisdiction - correct answer ✔✔ the power of a court to try a case
venue - correct answer ✔✔ The geographic district in which a legal action is tried and from
which the jury is selected.
appellate review - correct answer ✔✔ review of the results of a trial by a higher court
appellate court - correct answer ✔✔ A court having jurisdiction to review cases and issues that
were originally tried in lower courts.
affirmation - correct answer ✔✔ where the reviewing court agrees with the result of the lower
court's ruling
reversal - correct answer ✔✔ where the court disagrees with the results of the lower court's
ruling
reverse and remand decision - correct answer ✔✔ where the reviewing court disagrees with the
verdict and sends the case back to the lower court for them to change their position
Direct Appeal - correct answer ✔✔ an automatic appeal given to anyone sentenced to death.
the appeal is made to the highest court in the state for review
Stare decisis - correct answer ✔✔ A Latin phrase meaning "to stand by decided cases"
established that Judges are obliged to respect the precedent established by prior decisions.
Preparation (Grades 1–6)
probable cause - correct answer ✔✔ more than bare suspicion. it exist when the facts and
circumstances within the officers knowledge and of which they had reasonable trustworthy
information are sufficient in themselves
reasonable suspicion - correct answer ✔✔ less demanding standard than probable cause not
only in the same sense that reasonable suspicion can be established with information that is
different in quantity and content that is required to establish probable cause. reasonable
suspicion can arise from information that is less reliable than that required to show probable
cause.
Alabama V. White - correct answer ✔✔ established Reasonable Suspicion
Man of reasonable caution - correct answer ✔✔ the average man of the street, who under the
same circumstances, would believe that the person being arrested had committed the offense
or that the items to be seized would be found in a specific place
Illinois V. Gates - correct answer ✔✔ established Totality of circumstances ( the test that if a
neutral and detached magistrate determines that, based on informants information and all
other available facts, there is probable cause to believe that an arrest or search is justified.
probable cause - correct answer ✔✔ the level of certainty needed in order for a police officer to
make an arrest
reasonable suspicion - correct answer ✔✔ the level of certainty needed in order for a police
officer to conduct a stop and frisk
,Aguilar V. Texas - correct answer ✔✔ Established a two prong test for determining probable
cause on the basis of information obtained from an informant :
1. Reliability of the informant
2. Reliability of the informants information
Spinelli V. United States 1969 - correct answer ✔✔ established an officer may use credible
hearsay to establish probable cause, but an affidavit based on an informants tip must satisfy the
two-pronged Aguilar Test
Illinois V. Gates - correct answer ✔✔ established that totality of the circumstance replaced
"separate and independent" as the standard of probable cause in the Aguilar test.
Draper V. U.S. 1959 - correct answer ✔✔ established that information from an informant plus
corroboration satisfied Probable Cause
New York Vs. Quarless - correct answer ✔✔ established the public safety doctrine and affirmed
reasonable suspicion for the detention of a person matching the description of a suspect
located nearby the scene of the crime within minutes of it
Hayes V. Florida - correct answer ✔✔ Reasonable suspicion alone does not permit the police to
transport a suspect to the police station to obtain fingerprints. Probable Cause or judicial
authorization is required
Minnesota V. Dickerson - correct answer ✔✔ Established the "plain feel" doctrine that states
that when police officers conduct Terry-type searches for weapons, they are free to seize items
detected through their sense of touch, as long as the plain feel makes it "immediately apparent"
that the item is contraband. If an item seized through a search is not "immediately apparent,"
then it can be suppressed in court.
, Dual Sovereignty - correct answer ✔✔ the federal government and the states are separately
sovereign. So, the Federal government may prosecute offenders separately for crimes
committed within their jurisdiction.
jurisdiction - correct answer ✔✔ the power of a court to try a case
venue - correct answer ✔✔ The geographic district in which a legal action is tried and from
which the jury is selected.
appellate review - correct answer ✔✔ review of the results of a trial by a higher court
appellate court - correct answer ✔✔ A court having jurisdiction to review cases and issues that
were originally tried in lower courts.
affirmation - correct answer ✔✔ where the reviewing court agrees with the result of the lower
court's ruling
reversal - correct answer ✔✔ where the court disagrees with the results of the lower court's
ruling
reverse and remand decision - correct answer ✔✔ where the reviewing court disagrees with the
verdict and sends the case back to the lower court for them to change their position
Direct Appeal - correct answer ✔✔ an automatic appeal given to anyone sentenced to death.
the appeal is made to the highest court in the state for review
Stare decisis - correct answer ✔✔ A Latin phrase meaning "to stand by decided cases"
established that Judges are obliged to respect the precedent established by prior decisions.
