89 terms

Arrest, Search and Seizure- TCOLE

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Three classifications of interactions between peace officers and person:
Consensual Encounters

Investigatory Stops/Detention

Arrest
Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk all is thanks to which case?
Florida vs Royer
What is a consensual encounter?
Police officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away
What is Investigatory Stops or Detention?
The temporary seizure of a person for investigation base on an officer's reasonable suspicion of criminal activity
Which case has to do with taking a person into custody for purposes of charging them with a crime based on as officer's establishment of probable cause?
US vs Mendenhall
a peace officer's purpose or intention to take a person into the custody of the law
intent
the officer is authorized by law to make an arrest and the arrest is supported by probable cause
authority
the person arrest is taken into custody either by physical force or by submission to assertion of authority
actual seizure
A person is arrested when...
he has been placed under restraint or taken into custody
the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right
restraint
Under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United State

Under restraint by an agent or employee of a facility that is operated by or under contract with the United States, and that confines persons arrested for, charged with or convicted of criminal offenses
Custody
The person having custody of the person arrested shall without unnecessary delay, but not later than ________ after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested
48 hour
Peace Officers must respect the citizen's rights against self-incrimination as protected by the US Constitution's ___________
fifth amendment
A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is on classed as ___________ or ___________
a felony; a breach of the peace
A peace officer may arrest an offender without a warrant for any offense committed.....
in his presence or within his view
Any peace officer may arrest without warrant:
A person found in suspicious places and under circumstances which reasonably show that such person have been found guilty of some felony or about to commit some offense against the law

Person who the peace officer has probable cause to believe have committed as assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person

Persons who the peace officer has probable cause to believe has committed an offense, if the offense is not committed in the presence of the peace officer

Person who the peace officer has probable cause to believe have committed an offense involving family violence

Person who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency

A person who makes a statement to the peace officer that would be admissible against a person and established probable cause to believe that the person has committed a felony
A peace officer shall arrest, without warrant, a person the peace officer has probable cause to believe has committed a violation of a _____________, if the offense is committed in the presence of the peace officer
protective order
A peace officer may release an individual that has committed public intoxication if:
The officer believes detention is unnecessary for the protection of the individual or others

The individual is released to the care of an adult who agrees to assume responsibility

Individual verbally consents to voluntary treatment for chemical dependency in a program and the program admits the individual
An officer making an arrest without warrant may not enter a residence to make an arrest unless:
A person who resides at the residence consents

Exigent circumstances
means a pursuit without unreasonable delay by a peace officer of a person the officer reasonably suspects committed a felony
fresh pursuit
A peace officer who is charging a person with a Class C misdemeanor may do what instead of taking the individual to jail?
issue a citation
Senators and Representatives can be arrested for what during a legislature session?
treason, felony, breach of the peace
a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take to body of the person accused of an offense, to be dealt with according to law
Warrant of Arrest
What are the requisites of an arrest warrant?
It issues in the name of "The State of Texas"

Must specify the name of the person whose arrest is ordered

Must name the offense

Must be signed by the magistrate
A magistrate may issue a warrant or arrest or summons:
In any case in which he is by law authorized to order verbally the arrest of an offender

When any person shall make oath before the magistrate that another has committed some offense against the laws of the State

In any case named where he is specially authorized to issue warrants of arrest
A __________ may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that is shall summon the defendant to appear before a magistrate at a stated time and place.
Summons
If a defendant fails to appear in response to the summons...
a warrant shall be issued
the affidavit made before the magistrate or district or county attorney is called a "________" if it charges the commission of an offense
complaint
What are the requisites of a complaint?
Must state the name of the accused

Must show that the accused has committed an offense

Must state the time and place of the commission of the offense

Must be signed by the affiant
A warrant of arrest shall extend to....
any part of the State
When a warrant of arrest is issued by an mayor of an incorporated city or tow, it cannot be executed in another county that the one in which it issued except:
It be endorsed by a judge of a court of record

It be endorsed by a magistrate
A duty of a magistrate is to inform the person arrested:
Of the accusation against him and of any affidavit filed there with

Of his right to remain silent

Of his right to have an attorney present during any interview with peace officers or attorney representing the state

Of his right to terminate the interview at any time

Of his right to have an examining trial

The person's right to request the appointment of counsel if the person cannot afford counsel
If the arrested person fails or refuses to give _____, the arrested person shall be committed to the jail of the county where the person was arrested
bail
If a person is arrested and taken before a magistrate in a county other than the county in which the arrest is made and if the person is remanded to custody, the person may be confined in a jail in the county in which the magistrates serves for a period of not more than _______ after the arrest before being transferred to the county jail of the county in which the arrest occurred.
72 hours
In making an arrest, all ____________ are permitted to be used to effect it.
reasonable means
__________ shall be resorted to than necessary to secure the arrest and detention of the accused
No greater force
In executing a warrant of arrest, it shall always be made known to the accused...
under what authority the arrest is made
a writ that issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge and

directed "to any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before the court immediately or on a day or at a term stated in the writ
capias
In case of a ________, the officer may break down the door of any house for the purpose of making an arrest
felony
a hunch or feeling of intuition
mere suspicion
Probable cause to search exist when...
the facts and circumstances within an officers knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the believe that seizable property would be found in a particular place or on a particular person
Probable cause to arrest exist when...
the facts and circumstances within the officers knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed by the person to be arrested
sufficient articulable facts and circumstances, and reasonable inferences drawn from the facts, which would lead a reasonable officer to conclude that criminal activity is afoot
reasonable suspicion
holding a person for a limited time, but who, as yet, is not answerable to a criminal offense
temporary detention
Elements Required for Temporary Detention
Reasonable suspicion by a peace officer that some activity out of the ordinary is or has taken place

Some indication to connect the person, to be detained, with the suspicious activity

Some Indication that the suspicious activity is related to a specific offense

An officer may conduct an interview to determine what, if anything is occurring,
When is frisking permitted?
Permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has a weapon or or about his person that can be used to cause injury or death
When can an officer begin a search of a person?
When the officer detects a weapon during a frisk
___________________ may be used to frisk
A reasonable amount of force
an examination or inspection of a location, vehicle or person by a law enforcement officer for the purpose of locating objects or substances relating to or believed to relate to criminal activity
search
anything to be offered in court to prove the truth of facts at issue in a case
evidence
The object of a search is anything of evidentiary value such as:
Fruits of the Crime

Tool of a Crime

Contraband

Mere Evidence

Property Subject to Forfeiture
Lawful search pursuant to a search warrant:
Search warrants are issued based upon probable cause

The reviewing magistrate will determine probable cause from information contained in the affidavit supporting the warrant

The warrant must specify the item to be searched for and the specific location of the search
a written order, issued by a magistrate and directed to a peace officer, commanding him to search any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and deliver to the magistrate any of the file exposed pursuant to the order
search warrant
If the facts presented to the magistrate also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, ..........
order the arrest of such person
A search warrant shall be sufficient if it contains the following requisites:
That is run in the name of "The State of Texas"

That is identify that which is to be seized and name or describe as near as may be, the person, place or thing to be searched

That is commanding any peace officer of the proper county to search forthwith the person, place or thing named

It be dated and signed by the magistrate

That the magistrate's name appear in clearly legible handwriting with the magistrates signature
Who shall retain custody of the seized property until the magistrate issues an order directing the manner of safekeeping the property?
The officer who seized the property
Peace officers are generally required to "________________" their presence, authority, and purpose before entering premises to execute a search warrant
Knock and Announce
The purpose of Knock and Announce is:
Reduce the risk of violence

Protect privacy by reducing the risk of entering the wrong premises

to prevent property damage
Courts usually require peace officers to wait a "_______________" before entering the premises.
reasonable time under all circumstances
If officers knock and announce but are refused entry, officers may ____________ enter the premises.
forcibly
The exceptions are a "reasonable suspicion" that knocking and announcing would:
Present a threat of physical violence, such as occupant's criminal history or propensity for violence

Be futile or a "useless" gesture

Result in the likelihood that evidence would be destroyed
A person ____________ may be searched
under arrest
The area _________________ may be search
immediately around the person arrested
The ______________ of a motor vehicle may be searched incident to arrest of an occupant only if the officer can demonstrate he had reason to believe evidence of the crime for which the suspect was arrested will be found in the car.
passenger compartment
Known as the "_____________" which hold that a warrantless search of a readily mobile motor vehicle by a peace officer who has probable cause to believe that the vehicle contains incriminating items subject to seizure is not unreasonable under the Fourth Amendment
Carroll Doctrine
Open Fields Exceptions to Warrant Requirements:
The Fourth Amendment does not protect open fields

Officers may enter and search open fields
An open fields begins where the ____________________ ends
curtilage surrounding a dwelling
_____________ is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that is considered part of the house
Curtilage
________________ is considered a waiver of a constitution protection, and as such, the waiver must voluntary and knowing. There is no requirement of probable cause for this search.
Consent to Search
The person granting consent to search remains in control of the search and may limit the scope of the consent or revoke it entirely. The person must be in a position to revoke the consent at any time.
True or False
True
Courts will consider consent to search ____________ if it is obtained by duress, coercion, or is a mere acquiescence to authority claimed by the officer
involuntary
Consent is difficult to prove at trial. Officers should obtain consent in writing when possible. If a written consent form is not available, a ____________ of the subject granting consent should be preserved.
recording
Only a person with a possessory or proprietary interest in the placed to be searched may give consent.
True or False
True
Parents may usually consent to the search of a minor child's room
True or False
True
Each spouse may generally consent to the search of the entire premises; however, officer should note that if both spouses are present and one spouse says "no", the officer may continue the search as long as one of the spouses says it's ok.
True or False
False; no means no
Clerks of a hotel/motel may or may not consent to search of a room that is paid for
may not
If a peace officer observes, examines, or inspects property whose owner has "voluntarily discarded, left behind, or other relinquished his interest in the property in question so that he could no longer retain a reasonable expectation of privacy with regard to it...." No Search has occurred.
True or False
True
What determines abandonment?
The intent of the person leaving behind or discarding that property. If the intent of the person was the relinquish all title, possession, or claim to that property, it will be deemed abandoned and subject to search without a warrant.
There is no exception to the warrant requirements of exigent circumstances for _________________
crime scenes
An officer may enter without warrant to _______________ to an occupant or protect an occupant from serious injury
render emergency assistance
Officers who have probable cause to believe that a person has hidden contraband in his home may prevent that person from ____________ while they obtain a search warrant
entering the home
Officers may enter a residence to prevent the destruction of____________
evidence
Officers may enter without a warrant if they believe a _________________ is present or was used and someone needs assistance
dangerous weapon
________________ occurs when peace officers take possession of a motor vehicle and move it to a police lot or garage for safekeeping, rather than leave the vehicle unattended
an impoundment
an administrative, caretaking procedure designed to prevent false claims of lost or damaged property being made against a police department and to safeguard the police and others from potential danger
inventory
Before an inventory of a vehicle will be lawful, the underlying impoundment of the vehicle must be lawful
True or False
True
An impoundement of the vehicle based solely on a _________________ will not be sufficient basis for impounding the vehicle
department policy
A person who is under arrest may make arrangements for his vehicle.
True or False
True
extends the exclusionary rule to evidence not only directly obtained as a result of unconstitutional police behavior but also to evidence indirectly obtained
Fruits of the Poisonous Tree Doctrine