95 terms

Arrest, Search, & Seizure

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In order to frisk a stopped suspect, an officer must reasonably suspect that the suspect is
armed
The four part of an arrest are
authority, intent, custody, and knowledge
Police may make a valid stop if they have
reasonable suspicion
The landmark federal case on stop and frisk was
Terry v. Ohio
The immediate area surrounding a home and structures is called

The area of open space surrounding a dwelling that is immediately adjacent so that it is considered part of the house.
curtilage
Chimel v. California involved searched of
the arm's-reach area near an arrestee
Landlords can consent to the search of a tenant's property
Landlords: May not consent

Hotel/Motels: a clerk cannot consent to a search of a room that is paid for.

Employers: controlled by the presence or absence of a policy putting the employee on notice of his or her diminished privacy expectations.

Schools: administrators operate a less rigorous standard than do peace officers.
Abandoned property
is always open to police as evidence
Both search and arrest warrants must be based on
probable cause
The standards for a "warrant-less" arrest are the same as for the issuance of
an arrest warrants
Particular descriptions of the place to be searched and the things to be searched for are required by the
4th Amendment (Search and seizure)
Things that are illegally possessed and that cannot be lawfully owned are
contraband
Readily observable things an officer sees in a place the officer has a legal right to be that are not the product of a search and are not subject to exclusion from evidences defines
the plain-view doctrine
Probable cause is not required for official
border searches
No warrant is required
if valid consent is given to search
Search warrants
are wholly statutory
How long is a search warrant valid?
3 days, not counting the day of issuance nor the day of execution
A capias is
an arrest warrant
Which of the following is false regarding the execution of an arrest warrant?
Only a peace officer may execute an arrest warrant - FALSE

Art. 15.01. Warrant of Arrest.

A "warrant of arrest" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law

TRUE:
-Take subject before a magistrate without unnecessary delay.
-In the case of a felony, all reasonable means are permitted to be used to effect an arrest.
-The accused must always be informed under what authority the arrest is made.
Under which of the following situations is an officer not permitted to arrest without a warrant?
A red-light violation is committed in view of a credible citizen, but the officer did not witness the violation. (Not Permitted)

Permitted:
-Any offense is committed withing the officer's view or in his or her presence.
-A felony offense is committed in the presence of a magistrate who alerts an officer to make an arrest.
-A credible person alerts a peace officer that a felony has been committed and that the offender is about to escape.
Which of the following persons cannot make an arrest under the authority of a capias?
A person who is not a peace officer but is willing to accept the responsibility and is named in the writ.
An officer with probable cause to believe that an offense occurred may arrest without a warrant a person who
violates a protective order even though the officer did not witness the violation.
commits an assault resulting in bodily injury to a member of his or her family or household.
commits disorderly conduct in the officer's view.
- Does all of the above
If it is necessary to verify a protective order before arresting an individual names in the injunction for a violation of the directive, the officer is required to
remain at the scene of the investigation while verifying the allegation and prevent further commission of a family violence.
Evidence seized under an invalid search warrant but ceased in good faith can
still be used in court
A person arrested by water of a search warrant shall be taken before
the issuing magistrate
Under Article 14. 06 of the Code of Criminal Procedure, how soon should a person be taken before a magistrate?
Without unnecessary delay
An order of arrest issued by the Clerk of the Court is a
capias.
If the true name of the suspect is not known, a warrant for his arrest must contain a
reasonable definite description of him.
A police officer summons a citizen to assist him in performing his duty as a peace officer. The Citizen refuses to assist the officer. The officer may
report the citizen to the district or county attorney.
The affidavit filed in applying for a warrant of arrest is called a
complaint.
Contemporaneous with a lawful arrest, what area may you search?
The body of the person and the area within immediate control
A search warrant is a written order, issued by a magistrate and directed to a peace officer,
Commanding him or her to search for property or thing named in the warrant.
The property or thing and bring the property or before issuing the magistrate.
To search for and photograph a child
The level of proof required to obtain a search warrant is a
probably cause
A search warrant may
order an arrest
A search warrant is valid
3 whole days not counting the day of issuance nor day of execution
Upon serving a search warrant, the officer shall
-State the manner in which the warrant was executed
-Deliver copy of the inventory of the property taken into session
"Open fields" begin
where the curtilage ends
The curtilage is generally considered to be
The area of open space surrounding a dwelling that is immediately adjacent so that it is considered part of the house
In order for a Consent search to be valid, the consent
Must be voluntary and the person must understand that he or she may object to the search
An officer may seize "abandoned property"
c) Under emergency circumstances when there is not enough time to obtain a warrant
d) When the officer has established probable cause that the abandoned property is subject to seizure
when c & d but not a & b
In contraband is seized in violation of a person's Fourth Amendment rights, the property
Is not admissible as evidence against the person from whom it was seized
An officer establishes probable cause in obtaining a search warrant from a neutral magistrate. After serving and seizing the property an "error" is found in the search warrant that does not materially affect the warrant. Which of the following is true regarding deceased property
It is still admisible under the good faith exception to the Texas Exclusionary Rule
An inventory of a vehicle with one purpose of
Listing personal property belonging to the arrested person for safekeeping
During the search of an apartment for a 24 inch console television sets pursuant to a valid search warrant, and officer looks in a closet large enough to contain the TV. Although the TV is not in the closet, the officer observes short barrel shotgun, which she recognizes the weapon as a prohibited weapon. The weapons
May be seized and the person charged with possession of a prohibited weapon
An officer has a search warrant to look for installing 24 inch RCA color television set. During the search of the residence, the officer opens a dresser drawer in the bedroom and location white powder substance that field-tested possibly for cocaine the cocaine is
Not admissible as evidence because it was seized unlawfully
After making a lawful arrest for a felony or a Class A or B misdemeanor offense, the arresting officer required to take the offender before the closest magistrate
without unneccesary delay
Which of the following situations does not justify an arrest without a warrant?
A credible person informs you that a red Ford Mustang just ran a red light and the offender is now driving east on the same highway
An arrest warrant is valid. (not a search warrant)
indefinitely until served or withdrawn by magistrate
An officer may "break down the door" to serve
A felony arrest warrant refused admittance after giving notice of his or her authority and purpose
An arrest may be made
On any day or at any time of the day or night
To whom an arrest warrant be issued?
A peace officer or person specially named
The affidavit made before the magistrate or district or county attorney is called ________ if it charges the commission of an offence.
a "complaint"
In order to make an arrest with a warrant, the officer
Does not have to have the warrant in his or her position at the time of the arrest but must show the person as soon as possible
After arresting a person pursuant to an arrest warrant, the officer take the person
-To the issuing magistrate is made in the same county in which the warrant was issue (Same magistrate, same county where warrant was issued)

-Before the nearest magistrate is the arrest is not made in the county where the warrant was issue (Nearest magistrate, other county where warrant was issued)

(only c & d are correct)
An arrest warrant ________that the name individual be taken into custody immediately to be dealt with in accordance with the law
commands
A person has been arrested when he or she has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person without a warrant. Which of the following is not an element required for an arrest?
-Intent to arrest
-Authority to arrest
-Actual or constructive seizure
-Understanding by the individual that he or she is being arrested
None of the above because each is a required element
Constructive custody occurs when
The person submits to the arrest without any physical control on the officers part.
Black laws dictionary defines "suspicion" as
-the act of imagining
-the apprehension of something without proof
-on slight evidence

(all of the above )
An examination of a man's house or other building or premises, or his person, with a view to the discovery of contraband or illicit or stolen property or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which he was charged. A prying into hidden places for that which is concealed and is not a search to observe that which is open to view. This is Black's Law Dictionary definition for
search
A search warrant may be issued to search for all of the following EXCEPT
Personal writing by the accused constituting evidence of an offence (Self Incrimination) (5th)
Warrant has been executed, to whom is the warrant return?
issuing magistrate
Which of the following elements is not required to justify a temporary detention
The investigating peace officer has identified the person in the area (can't arrest just by identifying someone

Elements required:
- Reasonable Suspicion

- 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 conducting a suspicious incident investigation to determine what, if anything, is occurring
Can interview people in the area without giving a statutory warning
When justified, a frisk may be conducted if there isreasonable fear that the suspect may be in possession of
a weapon
A "frisk" is
- A pat down of outer clothing of a person to protect the officers safety
- Not a fishing expedition
- Permitted any time an officer has reason to believe a person has a weapon on or about his or her person that can be used to cause injury or death

Can be frisked:
(A person's entire body)
(Area of vehicle under immediate control of a person)
During a frisk, an officer may seize an illegal weapon and file charges. What level of force may an officer use to conduct a frisk?
Only force necessary to overcome resistance.
The degree of proof required to "stop and frisk" is called
reasonable suspicion
When an officer has suspicion that a crime is being committed, the officer may
Conduct an investigation to determine what, if anything, is occurring.
Based on mere suspicion, an officer may approach and question suspicious people in the area. Which of the following is NOT true regarding the field inquiry?
People may be required to identify themselves and be detained while the officer investigate

TRUE:
- People may not be required to identify themselves
- People may refuse to answer any questions
- People may not be detained
Black's Law Dictionary defines "probable cause" as
The apparent state of facts found to exist upon reasonable inquiry, which would induce a reasonably intelligent and prudent men to believe that a person had committed the crime charged.
Temporary detention means
Holding, for a limited time, a person who is not yet answerable to a criminal offense
An officer obtains a search warrant from a neutral magistrate based on probable cause. The officer executed the search warrant and seizes the items named. At court a technical error is found in the warrant. What happens to the seized article relative to evidence in the case?
It is still admissible
The "exclusionary rule" prohibits on the seized evidence from being used in a court of law. The rule developed from the US Supreme Court case
Mapp v. Ohio
If an officer has probable cause to arrest or search, the officer _______ liable for detaining or searching a suspect against his or her consent
is not
Which of the following terms describes the area within a persons immediate control, or the area from which the individual can destroy evidence or grab a weapon.
Wing span area, or the person's arm length
In order to obtain a warrant of arrest, an officer must sign a
complaint
Any evidence that was obtained by an illegal search cannot be admitted as evidence under the exclusionary rule unless the officer
Was acting in "good faith" that the search warrant was valid at the time of the search even though it contains errors
The standard of proof required for an officer to stop and investigate is called
reasonable suspicion
Which of the following justifies the lawful search of a person's pockets, clothing, wallet, and other personal possessions
Custodial arrest
A person is under arrest when the individual is
Under constructive or physical restraint or no longer is able to move about freely on his or her own will
Which of the following is a rule of evidence that states no evidence is not admissible against an accused person if an officer search violates to the Fourth Amendment of the Constitution
The exclusionary rule
When an officer is conducting a frisk search, the officer is seeking to find
weapons
In which of the following court cases to the US Supreme Court ruled that an officer can conduct a frisk-type search of a person's outer garments for officer safety
Terry v. Ohio
"The act of imagining or of doubt or apprehension of something without proof, or on slight evidence" is Black's Law definition of
suspicion
suspicion
"An apparent state found to exist upon reasonable inquiry (that is such inquiries as the given case renders convenient and proper) that would induce a reasonably intelligent and prudent man to believe, in a criminal case, had to choose person have committed the crime charged" is Black's Law definition of
probable cause
That which is to last for a limited time only, as distinguished from that which is indefinite, in its duration: is Black's Law definition of
temporary
"The act of keeping back or withholding, by design, a person" is Black's Law definition of
arrest
If a peace officer suspects that a crime is "about to be committed", the proper course of action is to
arrest
An investigation into the cause and circumstances of the death of a person, and a determination made with or without a formal court hearing as to whether the death was caused by an unlawful act or omission is the definition of
inquest
The degree of proof needed to conduct a stop and frisk "pat-down" is
reasonable suspicion
A pat-down frisk is to discover
weapons
If a peace officer meets with resistance in discharging any duty imposed upon him by law, he or she _____ summon a sufficient number of citizens of his county to overcome the resistance; all persons summoned are bound to obey (CCP2.14)
shall
Contraband in violation of a person's 4th Amendment rights is ________ as evidence against the person from whom it was seized
not admissible
A _________ of the outer garment to locate a weapon is a frisk
pat-down
When can an officer search contemporaneous with a lawful arrest?
Execution of a lawful arrest
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