FREE LA Bar Criminal Law and Procedure Questions and Answers

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Under Louisiana law, which of the following typically requires a warrant for a search to be lawful?

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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?

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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.

Under Louisiana law, which of the following is required for a warrantless arrest to be lawful?

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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?

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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?

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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.