Arrest, Search & Seizure: Case Law Application Review University of Houston-Downtown Police Academy
Review, Arrest Search & Seizure
Terms in this set (74)
"Probable Cause" to believe a crime has occurred, is occurring or will occur, is required for arrest.
Aguilar v Texas
Brown v Texas
Search & expectancy of privacy...
Katz v U.S.
Fruit of the poisonous tree doctrine...
Wong Sun v U.S.
5th amendment protections at the time of arrest...
Miranda v Arizona
Mapp v Ohio
Exigent circumstances to search under Motor Vehicle exception...
Carroll v U.S.
Stop & Frisk...
Terry v Ohio
Search incident to lawful arrest, limiting search to person, clothing and immediate area.
Chimel v California
Under the "stop & frisk' rule, the officer may only frisk for...
"A person is _________ when he has been actually placed under restraint".
"A person is ________ when taken into custody by a peace officer".
Which of the below is not necessary to have an arrest?
Understanding of the individual being arrested.
(all are required)
"One person exercising control over another and detains that person within certain limits, through fear of injury or threats", defines...
"One person exercises control over another, not to confine him within certain limits, but to subject him to general authority and power of the person claiming such right", defines...
"Custody" means under _______ by a public servant, pursuant to a court order".
Which U.S. Constitutional amendment is the primary focus of the Miranda vs Arizona case?
"A peace officer may arrest without a warrant, when _______ has been committed in front of a magistrate, and such magistrate verbally orders the arrest.
Breach of the peace
"A citizen can arrest without a warrant, an offender that commits a _________in the presence or view of the citizen.
*breach of the peace
"A peace officer may arrest an offender without a warrant for _______committed in his presence or view".
A peace officer can arrest which of the following without a warrant?
Persons found in suspicious places with reasonable evidence of commission of a felony.
Persons intoxicated in public.
Persons the peace officer has probable cause to believe have committed assault with bodily injury on a family member.
Which of the following is a peace officer required by law to arrest, even without a warrant?
a person he has probable cause to believe is violating a protective order in his presence
When it is shown by satisfactory proof to a peace officer, by a credible person, that a _____ has been committed, the offender is about to escape, that there is no time to get a warrant, such peace officer may arrest without a warrant.
Under 18.16, who has the right to seize stolen property and bring it with the offender, before a magistrate for examination?
Under 18.16, what grounds must exist to justify the seizure?
"A_________ 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".
The affidavit made before a magistrate that charges the commission of an offense is a ...
Which of the following is not required on a warrant?
*issues in the name of The State of Texas
*specify the name of the person to be arrested
*state the charge accused of
*state the time and place of the commission of the offense
(all of the above is required)
A warrant of arrest shall extend to every part of the State, and any peace officer is authorized to execute said warrant,except warrants issued by...
mayors of an incorporated city or town
A warrant that was issued by a mayor of an incorporated town, may be executed anywhere in Texas if it endorsed by...
a judge of a court of record
A warrant issued by a mayor of an incorporated town, may be executed in the County where the offender is found, if endorsed by....
any magistrate of that county
The officer executing an arrest warrant, shall without unnecessary delay, take the arrested person....
To the magistrate that issued the warrant.
If not arrested in county of issue, before any magistrate.
Upon arresting the person on a warrant, and being taken before a magistrate, the magistrate shall...
Advise the person of the charged against them.
Advise the person of his Miranda rights.
If charged with a class C misdemeanor, may release without bond, pending trial.
A person arrested on an "out-of-the-county-warrant", shall be taken before a magistrate in the county of arrest, and the magistrate...
Shall take bail if allowed, and transmit it to the court of jurisdiction.
Shall commit the person to jail in the county of arrest, if he fails or refuses to give bail.
An officer may break down the door of any house to make an arrest if...
He is refused admittance after giving notice of his authority and purpose.
The charge is a felony.
An arrest may be made, when...
On any day or night.
At any hour of the day or night.
In executing an arrest warrant, it shall always be made known to the accused...
under what authority the arrest is made
What force may be used to make an arrest?
no greater force than necessary to secure arrest and detention
"A __________ is a writ issued by the court or clerk, and directed to any peace officer in The State of Texas, commanding him to arrest a person accused of an offense and bring him before that court immediately, or on a day or at a term stated in the writ", defines...
The act of imagining, or of doubt, the apprehension of something without proof , or on slight evidence, defines...
A peace officer sees a person acting suspicious , at 2am. The officer may not...
A frisk is justified to detect...
Which Supreme Court case is the landmark case on "frisks"?
Terry vs Ohio
A warrant issued by the Mayor of an incorporated city or town, shall extend to every part of the ________.
county of the city where issued
What can a peace officer do with mere suspicion?
approach and question the person
"An apparent state of facts found to exist upon reasonable inquiry, which would induce reasonably intelligent and prudent man to believe, in a criminal case, that the accused person had committed the crime charged", defines...
"Holding a person for a limited time, but who , as yet, is not answerable to a criminal offense", defines...
Which of the below elements is necessary for a temporary detention?
Reasonable suspicion that some activity out of the ordinary 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 event
You have lawfully detained a suspicious acting person, you may...
Take the person with you to check out a possible crime scene.
Orally command the person to remain a reasonable length of time while actively investigating.
What is the landmark Supreme Court case that supports lawful detainment of a suspicious person, and rules of temporary detention?
Brown v Texas
"A pat down of outer clothing, of a person you have stopped", defines a __________.
"A prying into hidden places for that which is concealed", defines...
According to law, which of the following is allowed to be searched for by warrant?
Fruits of crime.
Tools of a crime.
Which Supreme Court case supports which items be allowed to be searched for by a warrant?
Katz vs U.S.
What circumstances allow a peace officer to lawfully search person or property?
Search incident to a lawful arrest
A search Incident to Arrest, must have which elements?
May only search the person arrested and the area under his immediate control.
Must be a lawful arrest, and search made at the time of the arrest.
Which Supreme Court case supports the elements of Search Incident to Lawful Arrest?
Chimel vs California
No search warrant shall issue but upon_______.
A search warrant must;
Be sworn to by affiant.
Show probable cause to believe a specific offense has occurred.
Specifically describe the property or evidence to be seized that is evidence of that offense.
A search warrant _______order to arrest.
A search warrant shall be executed without delay within ____days.
When the search warrant is executed and the property is seized, the officer shall take possession of the property and take it...
to the magistrate that issued the warrant
What may be searched by law?
"That area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that is considered part of the house", defines...
_________ begins where curtilage ends.
Evidence of a crime or contraband that is open to view is not considered a "search" and may be seized by the observing peace officer, as long as he had a lawful right to be standing where he was when he observed the evidence. This describes _______ doctrine.
A peace officer serving a legal search warrant sees evidence of a different crime while on the premises, he may...
seize the other evidence too
While arresting "x" on a felony arrest warrant, you handcuff "x" in the bed where you found him, you may now search...
The bed, under the pillow, mattress, and on the night stand adjacent to the bed.
"A detailed list of articles or property; a list or schedule of property, containing a designation or description of each specific article", defines...
Between Inventory and Search, the primary difference is...
intent to find evidence of a crime or contraband
"Evidence obtained illegally renders it inadmissible", this is knows as the _______ doctrine.
fruit of the poisonous tree
Mapp vs Ohio deals with;
"Fruit of the poisonous tree", applies to ________ evidence illegally obtained.
Confessions, statements, interviews.
Exclusionary rule, applies to _________ evidence illegally obtained.
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