Louisiana P.O.S.T
- counsel present, requested and denied
-Plainly denial of 6th amendment
-left 2 questions unanswered - ANS-Estebeno v. Illinois
\- not required to Miranda
-No interrogation is made
-given of free will
-blurted out - ANS-Volunteered Statement
\-APPROPRIATE ARREST AUTHORITY
-YOU INTEND TO ARREST THAT INDIVIDUAL
-ARRESTEE UNDERSTANDS THAT HE IS BEING ARRESTED
-ACTUAL SEIZURE AND DETENTION(JAIL) - ANS-WHAT ARE THE ELEMENTS OF A
VALID ARREST?
\-ARTICLE 215.1 OF THE LOUISIANA CRIMINAL CODE OF CRIMINAL PROCEDURE.
- US SUPREME COURT RULING IN TERRY V OHIO - ANS-WHAT IS A LEOS
AUTHORITY TO STOP AND FRISK SOMEONE IN LOUISIANA?
\-BE LAWFULLY WHERE YOU HAVE THE LEGAL RIGHT TO BE
-YOU COME ACROSS IMMEDIATELY THAT YOU REASONABLY BELIEVE TO BE A
VIOLATION OF THE LAW
-EVIDENCE OF A CRIME - ANS-REQUIREMENTS FOR A PLAIN VIEW SEIZURE
\-PROTECTION OF LEO AND INNOCENT 3RD PARTIES
-PREVENT ANY MEANS OF ESCAPE
- TO PREVENT DESTRUCTION OR LOSS OF EVIDENCE
-PREVENT ANY MEANS OF SELF DESTRUCTION - ANS-REASONS TO SEARCH
INCIDENTAL TO A LAWFUL ARREST
\-reasonable man
-Roadside questioning in 'routine' traffic stop (no Miranda)
-Once placed under arrest for any charge- Miranda required - ANS-Berkemer v. McCarty
\-taken in violation of Miranda may be used to impeach (attack credibility)
-Not evidence of guilty
-Defendant must testify - ANS-Voluntary Statement
\-YOU CAN DETAIN IF EVIDENCE WHEN FOUND WILL RESULT IN AN ARREST
- YOU CAN DETAIN FOR OFFICER SAFETY
-YOU CAN DETAIL TO FACILITATE SEARCH - ANS-WHEN CAN YOU DETAIN?
\-YOU ENTERED DUE TO AN EMERGENCY
-GUNSHOT, SCREAM FOR HELP ETC
-HOT PURSUIT-U.S V SANTANA
-ENTERED TO PREVENT OR STOP THE DLE
-CAN ENTER ONLY TO STOP OR PREVENT DLE
-YOU CAN SEIZE ILLEGAL ITEMS IN PLAIN VIEW
-GET A WARRANT TO SEARCH ANYTHING
-SITA-SEARCH INCIDENTAL TO ARREST
-CONSENT
, -THE SUSPECT GIVES UP THEIR RIGHT TO PRIVACY - ANS-EXCEPTIONS TO
NEEDING A SEARCH WARRANT FOR A BUILDING
\1 - ANS-What schedule is "Heroin" ..?
\1 - ANS-What schedule is "LSD" ..?
\1 - ANS-What schedule is "Marijuana" ..?
\1 - ANS-What schedule is "MDMA" ..?
\1 - ANS-What schedule is "PCP" ..?
\1 second - ANS-In the imminent danger phase, you should be able to get a controlled shot
off in ..?
\1. INEVITABLE DISCOVERY-NIX V WILLIAMS 1984- PERMITS THE USE OF
IMPROPERLY OBTAINED EVIDENCE WHEN IT WOULD HAVE BEEN DISCOVERED
EVENTUALLY THROUGH LEGAL MEANS
2. PUBLIC SAFETY DOCTRINE- NEW YORK V. QUARLES 1984- MIRANDA IS NOT
NECESSARY IF THE ACTIONS ARE: A) QUESTIONED IN THE INTEREST OF PUBLIC
SAFETY OR YOUR OWN SAFETY B) THE SUSPECT'S RESPONSE IS VOLUNTARY
(EXAMPLE BOSTON MARATHON BOMBER)
3.GOOD FAITH IN OBTAINING A WARRANT-U.S. V LEON/ MASSACHUSETTS V.
SHEPARD- IF A JUDGE SIGNS A SEARCH WARRANT PRODUCED IN GOOD FAITH BY
A LEO, ANYTHING FOUND IN THE SEARCH IS VALID NO MATTER HOW WEAK THE
PROBABLE CAUSE IF IT WAS COURT ERROR.
4.INDEPENDENT SOURCE DOCTRINE- EVIDENCE OBTAINED THROUGH ILLEGAL
SEARCH OR SEIZURE IS ADMISSABLE IF THE POLICE CAN PROVE THAT IT WAS
OBTAINED FROM AN INDEPENDENT SOURCE NOT CONNECTED WITH ILLEGAL
SEARCH
5.SEARCH IN A FOREIGN COUNTRY-1990- IF A U.S LEO OPERATES IN A FOREIGN
COUNTRY HE MUST - ANS-WHAT ARE THE EXCEPTIONS TO THE EXCLUSIONARY
RULE?
\10 - ANS-Whats the youngest age a minor can be charged with a delinquent offense ..?
\10th Procedure Before Trial - ANS-Plea by the Defendant
\10th Procedure During Trial - ANS-Jury Deliberation
\11th Procedure Before Trial - ANS-Plea Bargains
\11th Procedure During Trial - ANS-The Verdict
\14 years old - ANS-A juvenile can be tried in 24th judicial court as young as ..?
\16 - ANS-Whats the oldest age a minor can be charged as a delinquent offender ..?
\18inches - ANS-What is the minimum size barrel of a shotgun in Louisiana ..?
\1st Procedure After Trail - ANS-Imposition of Sentence
\1st Procedure Before Trial - ANS-Filing a Complaint
\1st Procedure During Trial - ANS-Selection of Jurors
\1st to have CSI - ANS-August Vollmer
\1st to use cars - ANS-August Vollmer
\2 - ANS-What schedule is "Codeine" ..?
\2 - ANS-What schedule is "GHB" ..?
\2 - ANS-What schedule is "Hydrocodone" ..?
\2 - ANS-What schedule is "Meth" ..?
,\2 - ANS-What schedule is "Methadone" ..?
\2 - ANS-What schedule is "Oxycodone" ..?
\2 Basic Guidelines in Determining Abandonment - ANS--Where the property is left
-Intent to abandon the property
\2 Important Range Protection Devices - ANS--Eye Protection
-Ear Protection
\2 types of law enforcement in early America - ANS-sheriff and constable
\2 Types of Loading - ANS--Assembly
-Combat
\24 hours - ANS-What is the maximum time limit for writing a police report when a juvenile is
taken into custody ..?
\28:53L when officer takes subject involuntarily - ANS-danger to self.
danger to others.
gravely disabled.
(does not need to be all three, can be one or more)
\2nd Procedure After Trial - ANS-Appeal
\2nd Procedure Before Trial - ANS-Arrest
\2nd Procedure During Trial - ANS-Opening Statement by Prosecution
\3 - ANS-What schedule is "Ketamine" ..?
\3 - ANS-What schedule is "Steroids" ..?
\3 basic principles of physical conditioning are.... - ANS-intensity, duration and frequency of
exercise
\3 branches of government - ANS-legislative- makes laws
executive- enforces the laws
judicial- interprets the laws
\3 components of the criminal justice system - ANS-police, courts, corrections
\3 criteria to justify using deadly force - ANS-ability
opportunity
jeopardy
\3 Necessary Elements for Plain View - ANS--Lawful Presence
-Plainly Visible by Sight ONLY
-Immediately Apparent is Contraband
\3 seconds - ANS-In the state of alarm phase, you should be able to get a controlled shot off
in ..?
\3rd Procedure After Trial - ANS-Habeas Corpus
\3rd Procedure Before Trial - ANS-Booking
\3rd Procedure During Trial - ANS-Opening Statement by Defense
\4 - ANS-What schedule is "Rohypnol" ..?
\4 - ANS-What schedule is "Valium" ..?
\4 - ANS-What schedule is "Xanax" ..?
\4 basic requirements for the issuance of a valid search warrant - ANS-probable cause
particular description place and things
oath
signature of the magistrate
\4 Factors in Determining Motor Vehicle Abandonment - ANS--Flight from vehicle
-Where, How long, vehicle is left unattended
-Condition of vehicle
-Denial of Possession/Ownership of Vehicle
, \4 Factors to Consider Items are Abandoned - ANS--Left in an Open Field or Public Place
-Left on Private Premises and No One is Present
-Trash/Garbage (depending on where its left)
-Person actions/intent to abandon
\4 Factors used to Determine Curtilage - ANS--Proximity of Area
-Area Enclosure
-Nature and Use of Area
-Privacy of Area
\4 Gauge - ANS-What is the biggest gauge size ..?
\4 in the Magazine, 1 in the Chamber - ANS-How many rounds does the magazine tube hold
in a standard shotgun ..?
\4 sequential movements for single actions - ANS-hammer cocked
cylinder rotates
trigger locks back
trigger pulled to fire weapon
\4 things that are typically searched for and seized - ANS-contraband- sometimes determine
where like having magazine in a correctional facility, drugs etc
fruits of the crime- things you get from the crime such as money ciggerettes etc
instrumentalities of the crime tools used to do the crime such as a gun a mask etc
mere evidence shards of glass, finger prints, blood
\4 total stopping distance components - ANS-perception of danger
decision time
reaction time
breaking time
\4 Ways an Officer is Legally Present - ANS--When serving a Warrant
-In a "hot pursuit"
-Entry via Valid Consent
-Lawful Arrest with or without a Warrant
\4-6 feet - ANS-What's the Survival/Reactionary Gap ..?
\4th Amendment - ANS-Abandoned property is NOT protected under the ..?
\4TH AMENDMENT - ANS-RIGHT TO PRIVACY, PROTECTION FROM ILLEGAL SEARCH
AND SEIZURE
\4th Procedure Before Trial - ANS-Initial Appearance Before Magistrate
\4th Procedure During Trial - ANS-Presentation by Prosecution
\5 - ANS-How many days do you have to report an incident to DCFS ..?
\5 Requirements of Range Safety - ANS--Safety Glasses
-Ear Protection
-Shotgun Unloaded
-Muzzle Up and Down Range
-Follow Directions
\5ht Miranda warning - ANS-you may exercise your right to stop answering questions at any
time
\5th Procedure Before Trial - ANS-Setting of Bail
\5th Procedure During Trial - ANS-Presentation by Defense
\6 Types of Ammo - ANS--Slug
-Buckshot
-Chemical
-Less Lethal
- counsel present, requested and denied
-Plainly denial of 6th amendment
-left 2 questions unanswered - ANS-Estebeno v. Illinois
\- not required to Miranda
-No interrogation is made
-given of free will
-blurted out - ANS-Volunteered Statement
\-APPROPRIATE ARREST AUTHORITY
-YOU INTEND TO ARREST THAT INDIVIDUAL
-ARRESTEE UNDERSTANDS THAT HE IS BEING ARRESTED
-ACTUAL SEIZURE AND DETENTION(JAIL) - ANS-WHAT ARE THE ELEMENTS OF A
VALID ARREST?
\-ARTICLE 215.1 OF THE LOUISIANA CRIMINAL CODE OF CRIMINAL PROCEDURE.
- US SUPREME COURT RULING IN TERRY V OHIO - ANS-WHAT IS A LEOS
AUTHORITY TO STOP AND FRISK SOMEONE IN LOUISIANA?
\-BE LAWFULLY WHERE YOU HAVE THE LEGAL RIGHT TO BE
-YOU COME ACROSS IMMEDIATELY THAT YOU REASONABLY BELIEVE TO BE A
VIOLATION OF THE LAW
-EVIDENCE OF A CRIME - ANS-REQUIREMENTS FOR A PLAIN VIEW SEIZURE
\-PROTECTION OF LEO AND INNOCENT 3RD PARTIES
-PREVENT ANY MEANS OF ESCAPE
- TO PREVENT DESTRUCTION OR LOSS OF EVIDENCE
-PREVENT ANY MEANS OF SELF DESTRUCTION - ANS-REASONS TO SEARCH
INCIDENTAL TO A LAWFUL ARREST
\-reasonable man
-Roadside questioning in 'routine' traffic stop (no Miranda)
-Once placed under arrest for any charge- Miranda required - ANS-Berkemer v. McCarty
\-taken in violation of Miranda may be used to impeach (attack credibility)
-Not evidence of guilty
-Defendant must testify - ANS-Voluntary Statement
\-YOU CAN DETAIN IF EVIDENCE WHEN FOUND WILL RESULT IN AN ARREST
- YOU CAN DETAIN FOR OFFICER SAFETY
-YOU CAN DETAIL TO FACILITATE SEARCH - ANS-WHEN CAN YOU DETAIN?
\-YOU ENTERED DUE TO AN EMERGENCY
-GUNSHOT, SCREAM FOR HELP ETC
-HOT PURSUIT-U.S V SANTANA
-ENTERED TO PREVENT OR STOP THE DLE
-CAN ENTER ONLY TO STOP OR PREVENT DLE
-YOU CAN SEIZE ILLEGAL ITEMS IN PLAIN VIEW
-GET A WARRANT TO SEARCH ANYTHING
-SITA-SEARCH INCIDENTAL TO ARREST
-CONSENT
, -THE SUSPECT GIVES UP THEIR RIGHT TO PRIVACY - ANS-EXCEPTIONS TO
NEEDING A SEARCH WARRANT FOR A BUILDING
\1 - ANS-What schedule is "Heroin" ..?
\1 - ANS-What schedule is "LSD" ..?
\1 - ANS-What schedule is "Marijuana" ..?
\1 - ANS-What schedule is "MDMA" ..?
\1 - ANS-What schedule is "PCP" ..?
\1 second - ANS-In the imminent danger phase, you should be able to get a controlled shot
off in ..?
\1. INEVITABLE DISCOVERY-NIX V WILLIAMS 1984- PERMITS THE USE OF
IMPROPERLY OBTAINED EVIDENCE WHEN IT WOULD HAVE BEEN DISCOVERED
EVENTUALLY THROUGH LEGAL MEANS
2. PUBLIC SAFETY DOCTRINE- NEW YORK V. QUARLES 1984- MIRANDA IS NOT
NECESSARY IF THE ACTIONS ARE: A) QUESTIONED IN THE INTEREST OF PUBLIC
SAFETY OR YOUR OWN SAFETY B) THE SUSPECT'S RESPONSE IS VOLUNTARY
(EXAMPLE BOSTON MARATHON BOMBER)
3.GOOD FAITH IN OBTAINING A WARRANT-U.S. V LEON/ MASSACHUSETTS V.
SHEPARD- IF A JUDGE SIGNS A SEARCH WARRANT PRODUCED IN GOOD FAITH BY
A LEO, ANYTHING FOUND IN THE SEARCH IS VALID NO MATTER HOW WEAK THE
PROBABLE CAUSE IF IT WAS COURT ERROR.
4.INDEPENDENT SOURCE DOCTRINE- EVIDENCE OBTAINED THROUGH ILLEGAL
SEARCH OR SEIZURE IS ADMISSABLE IF THE POLICE CAN PROVE THAT IT WAS
OBTAINED FROM AN INDEPENDENT SOURCE NOT CONNECTED WITH ILLEGAL
SEARCH
5.SEARCH IN A FOREIGN COUNTRY-1990- IF A U.S LEO OPERATES IN A FOREIGN
COUNTRY HE MUST - ANS-WHAT ARE THE EXCEPTIONS TO THE EXCLUSIONARY
RULE?
\10 - ANS-Whats the youngest age a minor can be charged with a delinquent offense ..?
\10th Procedure Before Trial - ANS-Plea by the Defendant
\10th Procedure During Trial - ANS-Jury Deliberation
\11th Procedure Before Trial - ANS-Plea Bargains
\11th Procedure During Trial - ANS-The Verdict
\14 years old - ANS-A juvenile can be tried in 24th judicial court as young as ..?
\16 - ANS-Whats the oldest age a minor can be charged as a delinquent offender ..?
\18inches - ANS-What is the minimum size barrel of a shotgun in Louisiana ..?
\1st Procedure After Trail - ANS-Imposition of Sentence
\1st Procedure Before Trial - ANS-Filing a Complaint
\1st Procedure During Trial - ANS-Selection of Jurors
\1st to have CSI - ANS-August Vollmer
\1st to use cars - ANS-August Vollmer
\2 - ANS-What schedule is "Codeine" ..?
\2 - ANS-What schedule is "GHB" ..?
\2 - ANS-What schedule is "Hydrocodone" ..?
\2 - ANS-What schedule is "Meth" ..?
,\2 - ANS-What schedule is "Methadone" ..?
\2 - ANS-What schedule is "Oxycodone" ..?
\2 Basic Guidelines in Determining Abandonment - ANS--Where the property is left
-Intent to abandon the property
\2 Important Range Protection Devices - ANS--Eye Protection
-Ear Protection
\2 types of law enforcement in early America - ANS-sheriff and constable
\2 Types of Loading - ANS--Assembly
-Combat
\24 hours - ANS-What is the maximum time limit for writing a police report when a juvenile is
taken into custody ..?
\28:53L when officer takes subject involuntarily - ANS-danger to self.
danger to others.
gravely disabled.
(does not need to be all three, can be one or more)
\2nd Procedure After Trial - ANS-Appeal
\2nd Procedure Before Trial - ANS-Arrest
\2nd Procedure During Trial - ANS-Opening Statement by Prosecution
\3 - ANS-What schedule is "Ketamine" ..?
\3 - ANS-What schedule is "Steroids" ..?
\3 basic principles of physical conditioning are.... - ANS-intensity, duration and frequency of
exercise
\3 branches of government - ANS-legislative- makes laws
executive- enforces the laws
judicial- interprets the laws
\3 components of the criminal justice system - ANS-police, courts, corrections
\3 criteria to justify using deadly force - ANS-ability
opportunity
jeopardy
\3 Necessary Elements for Plain View - ANS--Lawful Presence
-Plainly Visible by Sight ONLY
-Immediately Apparent is Contraband
\3 seconds - ANS-In the state of alarm phase, you should be able to get a controlled shot off
in ..?
\3rd Procedure After Trial - ANS-Habeas Corpus
\3rd Procedure Before Trial - ANS-Booking
\3rd Procedure During Trial - ANS-Opening Statement by Defense
\4 - ANS-What schedule is "Rohypnol" ..?
\4 - ANS-What schedule is "Valium" ..?
\4 - ANS-What schedule is "Xanax" ..?
\4 basic requirements for the issuance of a valid search warrant - ANS-probable cause
particular description place and things
oath
signature of the magistrate
\4 Factors in Determining Motor Vehicle Abandonment - ANS--Flight from vehicle
-Where, How long, vehicle is left unattended
-Condition of vehicle
-Denial of Possession/Ownership of Vehicle
, \4 Factors to Consider Items are Abandoned - ANS--Left in an Open Field or Public Place
-Left on Private Premises and No One is Present
-Trash/Garbage (depending on where its left)
-Person actions/intent to abandon
\4 Factors used to Determine Curtilage - ANS--Proximity of Area
-Area Enclosure
-Nature and Use of Area
-Privacy of Area
\4 Gauge - ANS-What is the biggest gauge size ..?
\4 in the Magazine, 1 in the Chamber - ANS-How many rounds does the magazine tube hold
in a standard shotgun ..?
\4 sequential movements for single actions - ANS-hammer cocked
cylinder rotates
trigger locks back
trigger pulled to fire weapon
\4 things that are typically searched for and seized - ANS-contraband- sometimes determine
where like having magazine in a correctional facility, drugs etc
fruits of the crime- things you get from the crime such as money ciggerettes etc
instrumentalities of the crime tools used to do the crime such as a gun a mask etc
mere evidence shards of glass, finger prints, blood
\4 total stopping distance components - ANS-perception of danger
decision time
reaction time
breaking time
\4 Ways an Officer is Legally Present - ANS--When serving a Warrant
-In a "hot pursuit"
-Entry via Valid Consent
-Lawful Arrest with or without a Warrant
\4-6 feet - ANS-What's the Survival/Reactionary Gap ..?
\4th Amendment - ANS-Abandoned property is NOT protected under the ..?
\4TH AMENDMENT - ANS-RIGHT TO PRIVACY, PROTECTION FROM ILLEGAL SEARCH
AND SEIZURE
\4th Procedure Before Trial - ANS-Initial Appearance Before Magistrate
\4th Procedure During Trial - ANS-Presentation by Prosecution
\5 - ANS-How many days do you have to report an incident to DCFS ..?
\5 Requirements of Range Safety - ANS--Safety Glasses
-Ear Protection
-Shotgun Unloaded
-Muzzle Up and Down Range
-Follow Directions
\5ht Miranda warning - ANS-you may exercise your right to stop answering questions at any
time
\5th Procedure Before Trial - ANS-Setting of Bail
\5th Procedure During Trial - ANS-Presentation by Defense
\6 Types of Ammo - ANS--Slug
-Buckshot
-Chemical
-Less Lethal
