Arrest Search & Seizure ***Not official TCLEOSE Study Guide*** Flashcards

criminal law
Terms Definitions
In order to frisk a stopped suspect, an officer must reasonably suspect that the suspect is ______
Armed
The four elements of Arrest are?
1. Authority
2. intent
3. custody
4. knowledge
when can police make a valid stop?
when they have "reasonable suspicion"
The Landmark case concerning stop & Frisk was?
Terry V. Ohio
what is the immediate area surrounding a home and structures called?
curtilage
What Landmark case defined searches in relation to the arm's reach area near an arrested person?
Chimel V. Ohio
When can a Landlord consent to the search of a tenant's property/dwelling?
Only after the Tenant has vacated the property. (anything left is considered abandoned property)
____________ is always open to police as evidence.
Abandoned property
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 is required by the ________
fourth amendment
___________ are illegal to posses and cannot be lawfully owned.
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 not subject to exclusion from evidence defines the __________?
Plain-view doctrine
Police may use __________ evidence in determining probable cause for an arrest
inadmissible
What is Significant about Border Searches?
They DO NOT require probable cause.
If _________ is given to search, no warrant is required.
Valid Consent
______________ are wholly statutory.
Search warrants
informants can be classified as (4-parts)
1. Police
2. confidential
3. good citizen
4. named
when are deceptive police practices acceptable?
for surveillance
while 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.
what is the deciding factor when determining the use of handcuffs?
Officer judgment (discretion)
The arresting officer has better control of a prisoner when the prisoner is handcuffed ________?
with their hands behind their back
if a peace officer testifies they observed a subject strike the victim, this is ______ type of evidence
Direct
what should be done when a male is transporting a female?
1. Search the prisoner.
2. handcuff any felony suspect.
3. Safely proceed to the jail by the shortest and quickest route.
4. call in starting time/mileage and ending time/mileage.
Three days, not counting the day of issuance, nor the day of execution describes the time frame ______ is valid for?
Search Warrant
what is another type of or name for an arrest warrant?
A Capias
True or False:
The only person who can execute an arrest warrant is a peace officer?
False
True or False:
An officer cannot without a warrant arrest a red-light violator who committed the violation in view of a credible citizen but not in view of the officer.
True
Yes or No?
Can a person who is not a peace officer but is willing to accept the responsibility and is named in the writ make an arrest under the atuority of a Capias?
No
True or False:
An officer "MAY" arrest in the following conditions: Violation of Protective order (not in officers view), assault w/injury to member of their family/household and/or disorderly conduct in the officers view.
True
what should be done 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 while verifying the allegation and prevent further commission of family violence.
How many days before court proceedings is a defense attorney required to be provided with a true, complete and accurate copy of a statement made during a custodial interrogation?
20 days
What does "corpus Delicti" deal with
A confession alone is not sufficient and must be corroborated with independent evidence.
Evidence seized under an invalid search warrant but seized in good faith _________ be used in court?
Can
A person arrested by order of a search warrant "SHALL"
be taken before the issuing magistrate.
According to CCP 14.06, 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 name of a suspect is NOT known a warrant for his/her arrest must _____
contain a reasonable definite description of him/her.
If a police officer summons assistance from a citizen and the citizen refuses, what is the officers recourse action?
report the citizen to the district or county attorney.
The affidavit filed in applying for a warrant of arrrest is called a/an?
Complaint
Contemporaneous with a lawful arrest an officer may search _______?
The body of the person and the area within their immediate control.
a Search warrant is a written order issued by a magistrate and directed to a peace officer _____
commanding him search for the property or thing named in the warrant, seize said property and bring it before the issuing magistrate or to search for and photograph a child.
what is the level of proof required to obtain a valid search warrant?
probable cause.
Can a search warrant order an arrest?
Yes
open fields begin_______?
where the curtilage ends.
Curtilage is 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 it must be ______?
voluntary and the person must understand they may object to the search.
When can an officer seize abandoned property?
under emergency circumstances when there isn't time to obtain a warrant and when the officer establishes PC that the abandoned property is subject to seizure.
if contraband is seized in violation of a persons Fourth amendement rights the property
is not admissible as evidence against the person from whom it was seized.
if an error is found in a search warrant which does not materially affect the warrant can the evidence still be admissible in court?
Yes, under the "good faith exception to the Texas exclusionary rule.
what is an inventory of a vehicle conducted for?
list personal property of arrestee for safekeeping, protect the officer, protect the public
An arrest warrant is valid ______?
indefinitely until served or withdrawn by a magistrate.
when can an officer break down the door?
To serve a felony arrest warrant if refused admittance after giving notice of his/her authority and purpose.
when can an arrest be made?
on any day or at any time of the day or night!!!
To whom may an arrest warrant be issued (not a capias)
To any peace officer or person specially named.
An affidavit made before the magistrate or district/county attorney is called _____ if it charges the commission of an offense?
A complaint.
when making an arrest for a warrant the officer ______
doesn't have to have the warrant in his/her possession at the time of the arrest, but must show the warrant to the person as soon as possible.
An arrest warrant _______ that the named individual be taken into custody immediately to be dealt with in accordance with law.
Commands!!!
Constructive custody occurs when?
The person submits to the arrest without any physical control on the officers part.
BLACKS LAW DICTIONARY:
SUSPICION -________
The act of imagining the apprehension of something without proof on slight evidence.
BLACKS LAW DICTIONARY:
An examination of a mans person/property with a view to discovery of contraband, stolen property, or some evidence of guilt for prosecution of a criminal action he is charged with. A prying into hidden places not in open view.
Search!
what can a search warrant NOT be issued for?
personal writing by the accused constituting evidence of an offense.
Once the search warrant is executed, to whom is the warrant returned?
The issuing magistrate!!!
what are the requirements to justify temporary detention?
1 some activity out of the ordinary has occured. 2. Some indication to connect the person detained to the suspected activity. 3. Some indication the suspected activity is related to a criminal offense.
Can an officer conducting a suspicious incident investigation interview people in the area WITHOUT giving a statutory warning?
YES
when is a Terry Frisk justified
if there is reasonable fear that the suspect may be in possession of a weapon.
Define "FRISK"
A pat-down of the outer clothing of a person to protect the officers safety, when the officer has reason to believe the suspect is armed and it is NOT a fishing expedition.
what all can be "frisked"
the entire body of a person and the area of a vehicle under immediate control of a person.
what level of force can an officer use to conduct a frisk?
Only the force necessary to overcome resistance
what is the degree of proof required for stop and Frisk?
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.
what can an officer NOT do based on mere suspicion during a field inquiry?
require people to identify themselves and be detained while the officer investigates!
BLACKS LAW DICTIONARY:
"The apparent state of facts found to exist upon reasonable inquiry, which would induce a reasonably intelligent and prudent man to believe a person had committed the crime charged" is the definition of _______
Probable Cause!!!
The holding for a limited time of a person who is not yet answerable to a criminal offense is the definition of _____
Temporary detention.
The "Exclusionary Rule" prohibiting unlawfully seized evidence from being used in court developed from U.S. 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 their consent.
IS NOT
If 2 officers are escorting 2 suspects, the officers should each be on either side of the suspects and holding
the Waistband or belt between cuffed hands.
2 officers are transporting 2 suspects in a vehicle with no cage..where should they be positioned?
driver - driver seat,
Suspects in center and right side of back seat, 2nd officer on left side of back seat, gun relocated (as necessary) to the left side of the officer.
when should the transport (rear) seat of a patrol car be searched?
beginning of shift and after each prisoner transport is completed.
Define "area within a persons "imediate Control", or from which a person can destroy evidence or grab a weapon?
wingspan area, or the person's arm length.
what must an officer do to obtain a warrant of arrest?
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 contained errors.
the standard of proof required for an officer to stop and investigate is called?
"reasonable suspicion"
what 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.
"the act of imagining or of doubt or apprehension of something without proof or on slight evidence is blacks 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 connected with a crime is blacks 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 blacks law definition of?
Temporary
"the act of keeping back or withholding by design a person" is blacks law definition of
Arrest
If a peace officer suspects a crime is about to be committed the proper course of action is to ____
Arrest
An Inquest is _____
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 ommission.
The degree of proof needed to conduct a stop and frisk is?
reasonable suspicion.
Fruits of the poisonous tree came from what court case?
Wong Sun V U.S.
The right to an attorney at the time the suspect requests a lawyer is required by what court case?
Escobedo v Illinois
_______ is an officers greatest asset in dealing with a law violator.
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 is?
reasonable suspicion
The act of keeping back or witholding by design a person is the definition of
Custody
The right of an officer to search the immediate area of control in a search incident to an arrest was affirmed by what court case?
Chimel V California
A search warrant is a ____
written order issued by a magistrate and directed to a peace officer commanding him to search for any property or thing and seize the same.
According to the CCP an officer must have ______ to believe the property is stolen to justify seizure of the property.
Probable Cause
According to the CCP what is the "Actual forcible detention of a person and other coercive measures to detain him within certain limits.
Constructive Custody
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