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Intermediate Arrest, Search, & Seizure
Dallas Police Dept
Terms in this set (20)
U.S. Constitution - The 4th Amendment
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures ....
Means that a reasonably, prudent person has reliable, trustworthy information that indicates a search will reveal contraband of evidence of an offense.
Article 1.06, Texas Code of Criminal Procedure
"The people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures or searches ....
To imagine one guilty or culpable on slight evidence without proof.
Probable Cause =
get a warrant
3 Categories of POLICE / CIVILIAN interaction:
* Investigative Detention
Elements of a Terry Stop
* Rational Suspicion
* Connection of the person to the activity
* Indication that the activity is related to a specific offense
Reason for a Frisk?
Only to search for weapons / Officer Safety
Elements necessary for Arrest:
* Seizure of the Person
* Understanding by the Arrested Person
When does probable cause cease to build?
At the moment of arrest
* Governed by CCP 14.03
* On View
* Felony with witness (evidence)
* Prevent consequence of theft (civilian)
* Breach of the Peace (civilian)
* Family Violence
* Violation of protective order
Arrests based on information from other officers must ________
provide enough information to identify the suspect.
Written order issued by a magistrate to search and seize items described in the affidavit.
Who can issue a search warrant?
* Any magistrate: all judges, JPs, Mayors
* The jurisdiction is coextensive with the limits of their authority.
Evidentiary Search Warrant:
* Only County Courts, District Courts, Court of Criminal Appeals, Supreme Court, and Municipal Courts of Record
Search warrant must contain:
* Placed to be searched
* Property or items to be seized
* Person in control of the premises
* Accusation of an offense
* Facts showing probable cause
The prying into hidden places for that which is concealed.
Exceptions to the Search Warrant requirement:
* Officer Protection / Stop & Frisk
* Vehicle Searches (Mobile premises)
* Search incident to lawful arrest
* Hot pursuit
* Imminent destruction of evidence
* Border inspections
* Vehicle inventory
Describe the emergency exception
- fight noise or screams
- life threatening or substantial property situation exists
- unconscious person
- incoherent person
- shots fired
- fire, explosions, or natural disasters
- Once the emergency ends, your right to be there ends
Who can give consent?
* Adult with unrestricted access
* Husband - Wife
* Parent - Child
* School Official - Student
* Landlord - Tenant
* Rented Vehicle
* Host - Guest
* Employer - Employee
is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.