125 terms

Texas Arrest Search and Seizure

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In order to frisk a stopped suspect, an officer must reasonably suspect that the suspect is
armed
The four parts 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
curtilage
Chimel v. California involved searches of
the arm's-reach area near an arrestee
Landlords can consent to the search of a tenant's property?
a. when the tenant is behind in rent.
b. whenever the tenant is absent.
c. when requested by an authorized police officer.
d. None of the above is correct.
d. None of the above is correct.
Abandoned property
is always open to police as evidence
Both search and arrest warrants must be based on
probable cause
The standards for a warrantless arrest are the same as for the issuance of
an arrest warrant
Particular descriptions of the place to be searched and the things to be searched for are required by the
Fourth Amendment
Things that are illegally possessed and that cannot be lawfully owned are
contaband
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 evidence defines
the plain-view doctrine
In determining probable cause for an arrest, police may use
inadmissible evidence
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
Informants can be classed as
a. police
b. confidential.
c. good citizen.
d. named.
e. all of the above.
all of the above
Deceptive police practices are
acceptable for surveillance
In effecting an arrest, police should always
be alert and have their weapons readily accessible
When a peace officer approaches a suspect, sound field procedures direct that the officer
approach from the front and constantly observe all actions of the suspect
The deciding factor in determining the use of handcuffs is
the officer's judgment
The arresting officer has better control of a prisoner
if the prisoner is handcuffed with hands behind back
A peace officer testifying that she or he observed the defendant strike the victim with a baseball bat is presenting
Handcuff any felony suspect
Of the following, which procedures are fundamental in trans-porting a female prisoner?
a. Search the prisoner.
b. Handcuff any felony suspect.
c. Safely proceed to the jail by the shortest and quickest route.
d. All of the above.
All of the above
Which of the following apply to transporting female prisoners?
a. They may attempt to assault the officer.
b. They are likely to accuse an officer of sexual misconduct.
c. They may attempt to escape.
All of the above apply.
How long is a search warrant valid?
Three 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
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.
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?
a. violates a protective order even though the officer did not wit-ness the violation.
b. commits an assault resulting in bodily injury to a member of his or her family or household.
c. commits disorderly conduct in the officer's view
Does All the above.
If it is necessary to verify a protective order before arresting an individual named 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 family violence
If an oral statement of an accused is made as a result of a custodial interrogation, it will be admissible only if certain conditions are met. Which statement is false regarding such statements?
A defense attorney must be provided with a true, complete, and accurate copy of the statement not later than ten days before a court proceeding
The corpus delicti rule states that a confession
must be corroborated with independent evidence
Evidence seized under an invalid search warrant but seized in good faith can
still be used in court
A person arrested by order of
search warrant shall be taken before a. 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.
-to seize the property or thing and bring the property or thing be-fore the issuing magistrate.
-to search for and photograph a child
The level of proof required to obtain a search warrant is
probable cause
A search warrant may?
order an arrest
A search warrant is valid
three whole days not counting day of issuance nor day of execution
Upon serving a search warrant, the officer shall?
a. state the manner in which the warrant was executed.

b. deliver a copy of the inventory of the property taken into posses-sion.

c. immediately bring the property to the magistrate's office in every case.
do a and b above but not c
"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/she may object to the search
An officer may seize "abandoned property"
--under emergency circumstances when there is not enough time to obtain a warrant.
--when the officer has established probable cause that the aban-doned property is subject to seizure
If 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 and obtains a search warrant from a neutral magistrate. After serving the warrant and seizing the property an error is found in the search warrant that does not mate-rially affect the warrant. Which of the following is true regarding the seized property?
It is still admissible under the "good faith" exception to the Texas Exclusionary Rule.
An inventory of a vehicle is for the purpose of
listing personal property belonging to the arrested person for safekeeping.
During the search of an apartment for a 24-inch console television set pursuant to a valid search warrant, an officer looks in a closet large enough to contain the TV. Although the TV is not in the closet, the officer observes a short-barrel shotgun, which she rec-ognizes as a prohibited weapon. The weapon
may be seized and the person charged with possession of a pro-hibited weapon
An officer has a search warrant to look for a stolen 24-inch RCA color television set. During the search of the residence, the officer opens a dresser drawer in the bedroom and locates a white powder substance that field tests positively for cocaine. The cocaine is
not admissible as evidence because it was seized unlawfully
After making a lawful arrest for a felony or class A or B misde-meanor offense, the arresting officer is required to take the offend-er before the closest magistrate
without unnecessary 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
indefinitely until served or withdrawn by magistrate
An officer may "break down the door" to serve
a felony arrest warrant if 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 may an arrest warrant be issued?
To any 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 offense.
a "complaint"
In order to make an arrest with a warrant, the officer
does not have to have the warrant in his or her possession at the time of the arrest but must show the warrant to the person as soon as possible
After arresting a person pursuant to an arrest warrant, the officer takes the person
--to the issuing magistrate if the arrest is made in the same county in which the warrant was issued.
--before the nearest magistrate if the arrest is not made in the county where the warrant was issued
An arrest warrant ___ that the named individual be taken into custody immediately to be dealt with in accordance with 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 arresting without a warrant. Which of the following is not an element re-quired for an arrest?
a. Intent to arrest
b. Authority to arrest
c. Actual or constructive seizure
d. 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 officer's part
Black's Law Dictionary defines suspicion as?
a. the act of imagining.
b. the apprehension of something without proof.
c. on slight evidence.
d. 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 prose-cution of a criminal action for some crime or offense with which he was charged. A prying into hidden places for that which is con-cealed 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 offense.
Once a search warrant has been executed, to whom is the warrant returned?
Issuing magistrate
Which of the following elements is not required to justify a tempo-rary detention?
The investigating peace officer has identified the person (s) in the area.
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 is reasonable fear that the suspect may be in possession of
a weapon.
A "frisk" is?
a. a pat-down of outer clothing of a person to protect the officer's safety.
b. not a fishing expedition.
c. 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.
d. all of the above,
d. all of the above
Which of the following may be "frisked?"
--Pat-down of the entire body of a person
--Area of a vehicle under immediate control of a person
During a frisk, an officer may seize any 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 oc-curring.
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 not be required to identify themselves
Black's Law Dictionary defines probable cause as
the apparent state of facts found to exist upon reasonable in-quiry, which would induce a reasonably intelligent and prudent man 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.
A officer obtains a search warrant from a neutral magistrate based on probable cause. The officer executes 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 unlawfully seized evidence from being used in a court of law. The rule developed from the U.S. Su-preme 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
Suspects are to be handcuffed at all times in every escort situation. If two officers are escorting two suspects, officers should be posi-tioned to the rear of suspects, one officer on either side of the sus-pects, holding
a. waistband or belt between cuffed hands
Two officers are transporting two suspects in a vehicle without a cage. The suspects should be placed
right rear and center rear seat—nondriver officer left rear, door locked and officer places weapon on left side.
For officer safety, a peace officer should search the seating or carrying area of his or her vehicle for weapons or contraband
--when going on duty.
--after each prisoner transported is completed,
Which of the following terms describes the area within a person's "immediate control," or the area from which the individual can de-stroy 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 ad-mitted 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 contained errors.
A capias is a/an
arrest warrant
The standard of proof required for an officer to stop and investi-gate 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 that evi-dence is not admissible against an accused person if an officer's search violates 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 did the U.S. Supreme Court rule 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 some¬thing without proof, or on slight evidence" is Black's Law definition of
suspicion
"A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connect-ed with a crime" is Black's Law Dictionary definition for
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 seized in violation of a person's Fourth Amendment rights is _____ as evidence against the person from whom it was seized.
not admissible
A _____ of the outer garments to locate a weapon is a frisk.
pat-down
When can an officer search contemporaneous with a lawful arrest?
Execution of a lawful arrest
The curtilage is
the area of open space surrounding a dwelling that is immediately adjacent so that it is considered part of the house
Which of" the following court cases is the "fruit of the poisonous tree doctrine"?
Wong Sun v. United States
Which of the following court cases relates to the "stop and frisk" doctrine?
Terry v. Ohio
Officers are required to inform suspects of their constitutional rights. This decision resulted from which court case?
Miranda v. Arizona
The right to an attorney at the time the suspect requests a lawyer is required by
Escobedo v. Illinois
Arrest is justified in accordance with the _______ Amendment to the U.S. Constitution when an officer has probable cause.
Fourth
Which of the following is not a Texas peace officer?
Agents of the AFT
A summons shall be in the same form as the capias except that it _____ summon the defendant to appear before the proper court at a stated time and date.
shall
What degree of proof is required for a warrantless arrest?
Probable cause
How many days is a search warrant valid, not counting the day of issuance or the day of execution?
3
When making an arrest, one of the officer's greatest assets in dealing with a law violator is
self-control
When approaching, confronting, and interviewing a suspect, two officers should approach the person in a spread ______ formation.
V
The degree of proof required for a pat-down frisk is
a. preponderance of evidence.
reasonable suspicion