FREE LA Bar Criminal Law and Procedure Questions and Answers
Under Louisiana law, which of the following is required for a warrantless arrest to be lawful?
Louisiana follows similar principles to the federal standard for warrantless arrests. For a warrantless arrest to be lawful, the officer generally must have probable cause to believe that the person has committed a felony. For misdemeanors, the officer usually needs to observe the offense occurring.
According to Louisiana law, which of the following best describes the principle of double jeopardy?
Louisiana adheres to the principle of double jeopardy under both the state and federal constitutions. This principle prevents a person from being tried twice for the same offense after an acquittal or conviction.
Under Louisiana law, when can a person use deadly force in self-defense?
Louisiana follows the principle that deadly force can be used in self-defense when a person is threatened with death or serious bodily harm and is in a place where they have a legal right to be. Louisiana does not have a duty to retreat before using deadly force in these circumstances.
Under Louisiana law, which of the following typically requires a warrant for a search to be lawful?
Louisiana law generally requires a warrant to search a private residence unless there are exigent circumstances or consent is given. This aligns with the broader Fourth Amendment principles but reflects the importance of obtaining a warrant for private dwellings.
In Louisiana, when are Miranda rights required to be given to a suspect?
Similar to federal law, Louisiana requires Miranda rights to be read only when a suspect is in custody and subject to interrogation. This ensures that any statements made are admissible in court.