LA Bar Criminal Law and Procedure 3

Question 1

Under the Fourth Amendment, a warrantless search of a home is presumptively unreasonable unless:

Accepted Answer

An exception to the warrant requirement applies

Answer

The Fourth Amendment requires a warrant for home searches unless a recognized exception — such as consent, exigent circumstances, or plain view — applies.

Question 2

Police stop a car for a broken tail light and, during the stop, notice marijuana in plain view on the passenger seat. The search of the entire vehicle without a warrant is:

Accepted Answer

Constitutional under the plain view doctrine and the automobile exception

Answer

The plain view doctrine and the automobile exception together allow officers to search a vehicle without a warrant when contraband is in plain view.

Question 3

Which of the following statements about the exclusionary rule is correct under federal and Louisiana law?

Accepted Answer

Evidence obtained in violation of the Fourth Amendment is excluded from criminal trials but may be used in grand jury proceedings

Answer

The exclusionary rule bars unconstitutionally obtained evidence from criminal trials but the Supreme Court has held it does not apply to grand jury proceedings.

Question 4

Under Louisiana law, a lawful arrest is required to be based on:

Accepted Answer

Probable cause

Answer

A lawful arrest requires probable cause to believe the person committed a crime.

Question 5

A Terry stop in Louisiana is justified when an officer has:

Accepted Answer

Reasonable articulable suspicion of criminal activity

Answer

A Terry stop requires reasonable articulable suspicion — a lower standard than probable cause — that criminal activity is afoot.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Criminal Law and Procedure 3