Arrest search and seizure

What are the 4 common exigent circumstances?

1. Prevent serious injury 2. prevent the loss or destruction of evidence 3. prevent the immediate escape of a suspect 4. conduct a reasonable hot pursuit of suspect

If the magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not later than _____ ______ after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts' designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel.

24 hours

Unnecessary delay is limited to not more than ______ hours.

48

An arrest may be made on ____ day or at ____ time of the day or night. (same word. Only answer once)

Any

Any peace officer __________ arrest without warrant persons who the peace officer has probable cause to believe have committed an offense involving a violation of a protective order under PC Section. 25.07 or 38.112, if the offense is not committed in the presence of the officer. A. shall B. may C. may not D. none of the above

B

If the true name of the suspect is not known, a warrant for his arrest A. cannot be issued. B. Must contain a reasonable definite description of him. C. Must have his photography attached. D. Must be issued by a district judge.

B

The affidavit made before the magistrate or district or county attorney is called a "_________" if it charges the commission of an offense.

Complaint

" _____________" means under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States.

Custody

Incorporated city, town, or village officers and reserves may arrest:

For any offense within the officers presence or view AND traffic offenses within the counties in which the jurisdiction is located. Traffic enforcement stops at your county lines

When can you use a frisk/pat down search?

when an officer has articulable facts for believing a DETAINED person may be armed.

Exigent Circumstances

when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure

List the 10 situations in which a peace officer may make a warrantless arrest in Texas

1 Offenses within your view 2 Felony or Peace Breach in view of a Magistrate & verbal order to arrest 3 NON-Family violence assault with PC of further bodily injury 4 Protective Order violations 5 Any family violence offense 6 Emergency Call Interference 7 Admission of a felony offense with PC 8 PC of felony offense with escape risk 9 Suspicious place or circumstance, requiring action now, for offenses that are a Felony, Peace Breach, PC Ch 42 (Disorderly offenses), or PI; or a threat of or imminent offense commission. 10 Prevent the consequences of Theft

a hunch

Mere suspicion

Who may arrest an offender without a warrant for any offense committed within his presence or within his view?

Peace officer

Articulable facts that come together With rational inferences from those facts To a reasonable officer standard That criminal activity may be afoot

Reasonable suspicion

Which of the following was a landmark federal case on "stop and frisk"?

Terry vs Ohio

"Open fields" begin

Where the curtilage ends

The words "confined", "imprisoned", "in custody", "confinement", "imprisonment", refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.

constructive custody

_________ 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.

curtilage area

A vehicle FRISK is a limited search of the ________ area of a motor vehicle.

passenger compartment

Black's Law Dictionary (7th. Ed.) defines __________________ as "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."

probable cause

A person is arrested when he has been placed under ________

restraint

A ________________ is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for an photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order

search warrant

In U.S. v. Mendenhall, the U.S. Supreme Court determined that "____________________" because law enforcement officials approached the woman and requested to see her identification and ticket. A. the person was considered seized B. the person was under arrest C. the person was under arrest and not free to go D. the person was not considered seized and was free to go

D

In case of a _____________, an officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.

Felony

The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested. If the issuing or named magistrate is in another county, the person arrested shall without unnecessary delay be taken before some magistrate in the county in which he was arrested. (15.16)

How a warrant is executed

May verbally order the arrest of individuals who commit felony or breach of peace offenses within their view

Magistrates

Probable cause that someone committed a bodily injury assault and PC that there is danger of further bodily injury to the victim

Officer may arrest without warrant

To detain someone, you must at least have ______ that someone has, may have, or about to commit a crime.

Reasonable suspicion

What is a simple defintion of exigent circumstances?

Situations that reasonably require law enforcement to act immediately.

The act of imagining - or of doubt or apprehension of something without proof, or on slight evidence" is Black's Law definition of

Suspicion

May arrest for any offense within his view or presence

peace officer

The purpose of a frisk search is to locate potential _______ on a suspect.

Weapons

A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to ___ part of the State

any

those who may arrest for theft and offenses against the public peace that occur within their presence

any person

f the arrested person fails or refuses to give bail, as provided in Article 15.18, the arrested person shall be committed to the jail of the county where the person was ________

arrested

Define reasonable suspicion

articulable facts that lead a reasonable officer to believe that "criminal activity may be afoot"

Person found in suspicious places, and under circumstances which reasonably show that such persons are about to commit some felony offense against the laws of the State of Texas may _____________.

be arrested without a warrant

A peace officer may arrest an offender without a warrant, when a felony or_______________ has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.

breach of the peace

In case of felony, the officer may _____ ____ the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.

break down

Courts examine the "______ of the circumstances" and determine if there were sufficient facts & circumstances to establish probable cause.

totality

10 powers for warrantless on-duty arrest by peace officers ****

1 offenses within view 2 Felony or peace breach in view of a magistrate & verbal order to arrest 3 NON-family violent assault with PC of further bodily injury 4 Protective order violations 5 Any family violence offenses 6 Emergency call interference 7 Admission of a felony offense with PC 8 PC of felony offense with escape risk 9 Suspicious place or circumstance with an exigency and offense with a felony, peace breach, disorderly type, PI, threat, or imminent commission 10 Prevent the consequences of theft

A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an PI may, instead of taking the person before a magistrate, issue a citation to the person that contains:

1) written notice of the time and place the person must appear before a magistrate; (2) the name and address of the person charged; (3) the offense charged; (4) information regarding the alternatives to the full payment of any fine or costs assessed against the person, if the person is convicted of the offense and is unable to pay that amount; and (5) the following admonishment, in boldfaced or underlined type or in capital letters:

When magistrate may issue a warrant of arrest or a summons

1. In any case in which he is by law authorized to order verbally the arrest of an offender. 2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and 3. In any case named in this Code where he is specially authorized to issue warrants of arrest.

Law makers are privileged from arrest for ____ miles per day, while traveling to and from and while in session. Not privileged from -Treason -Felony -Breach of peace

20

If the law enforcement agency cannot ascertain whether the individual is enrolled as a student, the head of the agency or a person designated by the head of the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is believed to be enrolled of that arrest or detention within __ _____ after the arrest or detention, or before the next school day, whichever is earlier.

24 hours

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 A. The exclusionary rule. B. The plain-view doctrine. C. The hot-pursuit doctrine. D. None of the above

B

(NOTIFICATION TO SCHOOLS REQUIRED.) If the law enforcement agency ascertains that the individual is enrolled as a student in a public primary or secondary school, the head of the agency or a person designated by the head of the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of that arrest or referral within __ _____ after the arrest or referral is made, or before the next school day, whichever is earlier..

24 hours

The person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than _________ hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warning described by Article 15.17 of the CCP, before a magistrate in any other county of this state.

48

If a person is arrested and taken before a magistrate in a county other than the county in which the arrest is made and if the person is remanded to custody, the person may be confined in a jail in the county in which the magistrate serves for a period of not more than __ _____ after the arrest before being transferred to the county jail of the county in which the arrest occurred.

72 hours

Any peace officer __________ arrest without warrant persons who the peace officer has probable cause to believe have committed an offense involving a violation of a protective order under PC Section. 25.07 or 38.112, if the offense is committed in the presence of the officer. A. shall B. may C. may not D. none of the above

A

Vehicle frisks

A limited search of the passenger compartment of a motor vehicle for weapons

In ____________ v. ______________ the U.S Supreme Court said, "In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him."

Miranda vs Arizona

Officers are required to inform suspects of their constitutional rights when they are subjected to custodial interrogation. This decision resulted from which court case?

Miranda vs Arizona

Serious crime scenes are _____ exigent circumstances

NOT

A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. (b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.

OFFENSE WITHIN VIEW

In Chimel v. California, the U.S. Supreme Court said that

Officers could search a suspect and the area within their immediate control if the person had been lawfully arrested.

Who may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or an offense against the public peace?

Peace officer or any other person

If a person resides in the county of the offense, officers may issue a citation for come class A or B misdemeanors. Such as

Possession of marijuana Possession of controlled substance weights pg2 Criminal mischief and graffiti Theft and theft of service Driving while license invalid

The U.S. Supreme Court in "Beck v. Ohio" said that "____________" exists when the facts and circumstances known to the officer would warrant a belief by a reasonable man.

Probable cause

To make an arrest you must have ______ that someone has committed a crime.

Probable cause

Any peace officer may arrest, without warrant: (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, or threaten, or are about to commit some offense against the laws; (2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person; (3) persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code, if the offense is not committed in the presence of the peace officer;

AUTHORITY OF PEACE OFFICERS

Probable cause to arrest

Probable cause exists where the facts and circumstances within the officer's knowledge, and of which they have reasonable trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.

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 materially affect the warrant. Which of the following is true regarding the seized property? A. Because it is "fruit of the poisonous tree," it is not admissible as evidence. B. It is still admissible under the "good faith" exception to the Texas Exclusionary Rule. C. It will be admissible only as "rebuttal evidence" in the court case. D. The Federal Exclusionary Rule applies and it is not admissible in a Federal Court

B

The level of proof required to obtain a search warrant is

Probable cause.

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 small dresser drawer in the bedroom and locates a white powder substance that field tests positively for cocaine. The cocaine is A. admissible as evidence in the trial for unlawful possession of a controlled substance. B. Not admissible as evidence because it was seized unlawfully. C. Admissible under the "good faith" exception to the exclusionary rule. D. Admissible as long as the television set has not yet been located. E. Admissible as long as the television set is subsequently found

B

Under which of the following situations is an officer not permitted to arrest without a warrant? A. Any offense is committed within the officer's view or in his or her presence. B. A red-light violation is committed in view of a credible citizen, but not in view of the officer. C. A credible person alerts a peace officer that a felony has been committed and that the offender is about to escape. D. Persons are found in suspicious places and under circumstances that reasonably show that such persons have been guilty of some felony or breach of the peace.

B

Which of the following statements is correct about who has the authority to "prevent the consequences of theft"? A. Only a peace officer has the authority to take someone into custody for committing theft. B. Any person has the authority to take someone into custody for committing theft. C. Only a peace officer from the jurisdiction where a theft occurs has the authority to take someone into custody for the committing theft. D. None of the above are correct.

B

When under arrest by a peace officer or under restraint by a public servant pursuant to an order of a state court or another state of the United States; or under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

Custody

A peace officer may enter a residence when; A. he is operating with a proper warrant B. he has proper consent C. there is a genuine exigent circumstance D. all of the above

D

BPOC Chapter 7 lists several elements that are required in order for an officer to conduct a temporary detention. Which of the following was specifically listed? A. Reasonable suspicion by a peace officer that some activity out of the ordinary is or has taken place. B. Some indication to connect the person, to be detained, with the suspicious activity. C. Some indication the suspicious activity is related to a specific offense. D. All of the above.

D

If a person comes into this State or goes through this State to another State in obedience to a summons directing him to attend and testify in this State, he shall not while in this State pursuant to such summons, be subject to __________________ in connection with matters which arose before his entrance into this State under the summons A. arrest B. service of civil process C. service of criminal process D. All of the above

D

In lieu of arresting an individual who commits the offense "Public Intoxication", a peace officer may release an individual if: A. the individual is a credible person such as a fellow police officer. B. The officer believes detention in a penal facility is unnecessary for the protection of the individual or others. C. Is released to the care of an adult who agrees to assume responsibility for the individual. D. Requires both "B" and "C"

D

The "_________________" doctrine is the notion that evidence obtained after illegal government action will be excluded from evidence. This pertains not only to physical or tangible materials generally subject to the "Exclusionary Rule", but also intangibles such as subsequent confessions, admission, identifications, and testimony obtained as a result of the initial unlawful activity. A. plain view B. Carroll C. Katz D. Fruit of the Poisonous Tree

D

Which of the following statements is correct about who has the authority to "prevent the consequences of theft"? A. Only a peace officer has the authority to take someone into custody for committing theft. B. Only a magistrate has the authority to take someone into custody for committing theft. C. Only a peace officer from the jurisdiction where a theft occurs has the authority to take someone into custody for the committing theft. D. None of the above is correct.

D

Which of the following statements is true in regard to a lawful "frisk?" A. An officer is permitted to pat down the entire body of the person frisked. B. An officer is allowed to search the area within the immediate control of the subject for weapons. C. An officer is allowed to use only the force necessary in conducting a frisk. D. All of the above statements are true.

D

_______________ refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another and detains him within certain limits. A. Confined B. Imprisoned C. In custody D. All of the above. E. "B" and "C" but not "A"

D

In United States v. Leon, the US Supreme Court held that an officer who acts in objective good faith reliance upon a warrant issued by a neutral magistrate acts in good faith and the evidence should not be suppressed if the warrant is later found to be defective. Texas law ______ allow for the good faith defense set by United States v. Leon, if the Probable Cause is compromised at no fault of the officer.

Does not

For an arrest to be lawful, certain elements must be present. Which of the following would be considered one of these elements? A. the intent of the person making the arrest. B. Arrest authority. C. The actual or constructive seizure and detention of the person arrested. D. An understanding by the person arrested that the arrest occurred. E. Each of the above is an element of a lawful arrest

E

Serious injury Prevent the loss of imminent destruction or loss of evidence Imminent or immediate Escape Reasonable hot pursuit

Exigent Circumstances

Class C offense that would require an arrest and not a citation option.

Public Intoxication

1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him. 2. It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense. 3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant. 4. It must be signed by the affiant by writing his name or affixing his mark. (15.05)

REQUISITES OF COMPLAINT

Based upon the totality of the circumstances and is less than probable cause

Reasonable suspicion

The degree of proof required to "stop and frisk" is called

Reasonable suspicion

By "____________" is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.

Restraint

The kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.

Restraint

Frisks & protective sweeps Community caretaking Inventory searches Searches incident to arrest PC and mobile vehicles Plain view doctrine Consensual searches

Situational exceptions

In _________________ the U.S. Supreme Court indicated that law enforcement officers could "stop and frisk" a person under certain circumstances for "officer safety purposes" even though there was not probable cause to arrest the person "frisked." The purpose of the "stop and frisk" is to search for weapons.

Terry vs Ohio

Probable cause to search

The facts and circumstances within their knowledge and of which they had reasonably trustworthy information sufficient in themselves to warrant a man of reasonable caution in the belief that sizeable property would be found in a particular place or on a particular person

"If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney."

The family violence admonishment

Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made, and the proceedings had without delay. ("PREVENTING CONSEQUENCES OF ______")

Theft

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.

Warrant of arrest

A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for ____________ may continue the pursuit into this state and arrest the person.

a felony

(Officer out of jurisdiction warrantless arrests) Notify the law enforcement agency having jurisdiction

agency shall take custody and take the arrestee for arraignment also shall take any seized prop

The affidavit made before magistrate or district or county attorney is called a "____________" if it charges the commission of an offense

complaint

According to the CCP on arrest authority, Peace Officers of an Incorporated City, Town, or Village officers are not out of their jurisdictions until they leave their _______ jurisdiction line(s).

county

A limitation on the warrantless entry onto property is the "______________", or that portion of property immediately surrounding a residence and its attached buildings. This is legally considered a private zone, and- like the home itself - it is immune to search except with a valid warrant or consent

curtilage area

taken into _________ by an officer or person.

custody

Fruit of the Poisonous Tree Doctrine extended the ______ rule, which was to deter police misconduct. According to this rule, any evidence directly obtained by unconstitutional means (such as an unreasonable search) cannot be used against a defendant in a criminal prosecution (Mapp v. Ohio).

exclusionary

If the individual is a student, the superintendent or the superintendent's designee shall __________ notify all instructional and support personnel who have responsibility for supervision of the student.

immediately

A search that is made contemporaneously to an arrest without a warrant is lawful provided it is made ___________

incidental to a lawful arrest

The Poisonous Tree Doctrine extended the Mapp v. Ohio rule by saying that any evidence that was ______ obtained, because of the unconstitutional actions of law enforcement, should be excluded from the defendant's trial.

indirectly

While privileged from some offenses at certain periods of time, they are not privileged from the arrest of treason, felony, or breach of the peace offenses.

legislator

PC Stops at

the arrest

(PUBLIC INTOX) In lieu of arresting an individual who is not a child, a peace officer may release the individual if:

the officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and (2) the individual: (A) is released to the care of an adult who agrees to assume responsibility for the individual; (B) verbally consents to voluntary treatment for substance use in a program in a treatment facility licensed and approved by the Health and Human Services Commission, and the program admits the individual for treatment; or (C) verbally consents to voluntary admission to a facility that provides a place for individuals to become sober under supervision, and the facility admits the individual for supervision.

A/an "________________" 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 the law.

warrant of arrest

A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.

within view of magistrate

*FACT (PI FACT CARD) if the magistrate determines the individual meets the conditions required for release in lieu of arrest under Subsection (a) of this article. (c) The release of an individual under Subsection (a) or (b) of this article to a substance use treatment program or a facility that provides a place for individuals to become sober under supervision may not be considered by a peace officer or magistrate in determining whether the individual should be released to such a program or facility for a subsequent incident or arrest under Section 49.02, Penal Code. (d) A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of an individual released under Subsection (a) or (b) of this article.

FACT

ARREST WITHOUT A WARRANT (FACT CARD) The arrest of a person may be lawfully made also by any peace officer or private person, without a warrant upon reasonable information that the accused stands charged in the courts of a State with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant.

Fact

Any peace officer may arrest, without warrant: (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws. Authority of peace officers (Fact Card)

Fact

Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a _________________ has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.

Felony

Sheriffs and deputies, constable and deputies, their reserves and DA Attorney investigators, mas arrest

For any offense within presence or view, EXCEPT TRAFFIC OFFNESES Traffic enforcement stops at the COUNTY LINE

authors purpose or intention to take a person into custody of the law

Intent

What are the 4 conditions for an arrest?

Intent, Authority, Actual seizure, and Understanding

Black's Law Dictionary defines _____________ as a detailed list of articles of assets containing a designation or description of each specific article.

Inventory

A capias shall be held sufficient if it has the following requisites

It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him. 2. It must state that the person is accused of some offense against the laws of the State, naming the offense. 3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.

In "__________ v. _____________" the U.S. Supreme Court said, ".....the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection......But what he seeks to preserve, as private, even in an area accessible to the public may be constitutionally protected."

Kate vs US

If the person resides in the county where the offense occurred, a peace officer who is charging a person with committing an offense that is a Class A or B misdemeanor may, instead of taking the person before a

Magistrate

In _______________ the U.S Supreme Court first started actually enforcing the "exclusionary rule" against city, county, and state officials.

Mapp vs Ohio

Frisk/Pat Down searches, used to find what?

Weapons

Which of the following is a "rule of evidence" developed by the United States Supreme Court that states that evidence is not admissible against an accused person if an officer's search violates the Fourth Amendment of the Constitution? A. The corpus delicti rule B. The Carroll doctrine C. Exclusionary rule D. None of the above are correct

C

If the proper office of the county where the offense is alleged to have been committed does not demand an arrested person described by Article 15.19 and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested, a magistrate in the county where the person was arrested shall..

(1) release the arrested person on personal bond without sureties or other security; and (2) forward the personal bond to: (A) the sheriff of the county where the offense is alleged to have been committed; or (B) the court that issued the warrant of arrest.

A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a person at any time the officer reasonably believes it is necessary for the protection of the person, officer, or another individual. The peace officer shall return the handgun to the person before discharging the person from the scene if the officer determines that the person is not a threat to the officer, person, or another individual and if the person has not committed a violation that results in the arrest of the person. (2) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a person when the person enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker or other secure area where the peace officer can secure the person's handgun. The peace officer shall secure the handgun in the locker or other secure area and shall return the handgun to the person immediately after the person leaves the nonpublic, secure portion of the law enforcement facility.

AUTHORITY OF PEACE OFFICERS

d) A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace. A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code. (e) The justification for conduct provided under Section 9.21, Penal Code, applies to a peace officer when the peace officer is performing a duty required by this article. (g)(1) A peace officer listed in Subdivision (1), (2), or (5), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view,

AUTHORITY OF PEACE OFFICERS

persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer; or (6) a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony. (b) A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code, if the offense is committed in the presence of the peace officer. (c) If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.

AUTHORITY OF PEACE OFFICERS

____________ has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose

Any person

A person is _______________ when he has been actually placed under restraint or taken into custody by an officer or a person executing a warrant of arrest or by an officer or person arresting without a warrant

Arrested

When a person is ______when he 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.

Arrested

Which of the following justifies the lawful search of a person's pockets, clothing, wallet, and other personal possessions? A. Mere suspicion B. Reasonable suspicion C. Lawful custodial arrest D. Information that a person may be "casing" a business

C

A person who is legally detained but refuses to give her or his name _____ be arrested for the offense of Fail to ID.

Cannot

When a warrant of arrest is issued by any mayor of an incorporated city or town, it ______ be executed in another county than the one in which it issues. UNLESS endorsed

Cannot

a writ that is: (1) issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge; and (2) directed "To any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ.

Capias

In most cases automobile searches are an exception to the rule requiring a search warrant. In this case, the U.S. Supreme Court allowed searches of vehicles without a warrant provided the police had "probable cause".

Carrol vs US

The U.S. Supreme Court indicated that if an officer had "probable cause" that he could search a vehicle under the "_________________" without requiring consent from the vehicle owner or having a valid search warrant.

Carroll Doctrine

A peace officer who is charging a person, including a child, with committing an offense that is a _________________, may instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time an place the person must appear before a magistrate, the name and address of person charged, and the offense charged.

Class C Misdemeanor

What can an officer do with "Mere suspicion"?

Computer checks may be made of license plate Surveillance watches the individual or activity for additional

Seizure and detention do not always require force or actual contact. Many times, peace officers simply inform a person that he is under arrest, and the arrested person submits without any further action. This is called "_________________" seizure and detention.

Constructive

"Confined", imprisoned, in custody, confinement, imprisonment." and any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another and detains him within certain limits.

Constructive custody

"______________" is defined as the act or fact of holding a person in custody, confinement, or compulsory delay.

Detention

If a prosecution of a defendant is dismissed under Article 32.01, the defendant may be rearrested for the same criminal conduct alleged in the dismissed prosecution only upon presentation of indictment or information for the offense and the issuance of a capias subsequent to the indictment or information. (*Arrest after ______ because of ______)

Dismissal, delay

In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, provided the warrant was issued under the provisions of this Code, but upon request he shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant in his possession at the time of arrest he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. The arrest warrant, and any affidavit presented to the magistrate in support of the issuance of the warrant, is public information, and beginning immediately when the warrant is executed the magistrate's clerk shall make a copy of the warrant and the affidavit available for public inspection in the clerk's office during normal business hours. A person may request the clerk to provide copies of the warrant and affidavit on payment of the cost of providing the copies. (15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN) FACT

Fact

In making an arrest, all reasonable means are permitted to be used to effect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused. (15.24) THIS CARD IS A FACT

Fact

Limitations on executing third party arrest warrants (Steagald v. United States, 101 US. 1642 (1981)): Steagald stands for the proposition that entry may only be forced to execute an arrest warrant when the warrant is being executed at the residence where the person named in the arrest warrant lives (unless there is exigency or plain view?). Steagald did NOT have a plain view aspect to the case, so it is highly questionable that this case should apply to plain view arrests of wanted felons . (*FACT CARD)

Fact

WHEN FELONY HAS BEEN COMMITTED (FACT CARD) Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.

Fact

Define probable cause

Facts and circumstances that sufficiently justify a reasonable person to believe a crime has been committed by the actor or that seizable property would be found in a particular place.

"Constructive seizure" occurs when

The person submits to the arrest without any physical control on the officer's part

In a ___________ case, the capias or summons shall issue from a court having jurisdiction of the case on the filing of an information or complaint. The summons shall be issued only upon request of the attorney representing the State and on the determination of probable cause by the judge and shall follow the same form and procedure as in a felony case.

misdemeanor

1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him. 2. It must state that the person is accused of some offense against the laws of the State, naming the offense. 3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his (CCP 15.02)

requisites of an arrest warrant

is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.

restraint

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

During the search of an apartment for a suspect pursuant to a valid search warrant, an officer looks in a closet large enough to hide the suspect and observes a short barrel shotgun which he recognizes as a prohibited weapon. The weapon may be S_____ and the person living in the apartment charged with p_________ of a prohibited weapon

seized, possession

"__________________" means holding a person for a limited time, but who, as yet, is not answerable for a criminal offense.

temporary detention