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T3 AS&S

QuestionAnswer
Elements that determine wherther an arrest has occurred Intent, Authority, Actual Seizure, Understanding
A POs purpose or intention to take a prsn into the custody of the law Intent
The POs arrest must be made under real authority. This means the officer is authorized by law to make an arrest and arrest is supported by PC. Authority
The person arrested is taken into custody either by physical force or by submission to assertion of authority Actual Seizure
___ by the person to be arrested of the officer's intention to arrest. Understanding
Under arrest by PO or under restraint by PS purusant to order of court or under retraint by agent confines prsns arrested for, charged with, or convicted of criminal offense Custody
A hunch or feeling of intuition Mere suspicion
Although intuitively knowing something is undoubtedly a skill that serves LE officers well, _____ is insufficient proof of any fact in a court of law. Mere suspicion
Sufficient articulable facts and circumstances, and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude that criminal activity is afoot. Reasonable suspicion
PO may arrest offender wo warrant when the offense is committed in his presence or wi his view, if offense is one classed as a felony or offense against the public peace Offense Within View
PO may arrest offender wo warrant for any offense committed in his presence or wi his view Offense Within View
PO may arrest offender wo warrant when felony or BofP has been committed in presence or wi view of magistrate AND magistrate verbally order you to arrest offender Within View of Magistrate
PO must be able to articulate specific facts and circumstances to justify an arrest regarding ___ and ___. Suspicious Places, Circumstances
PO may arrest wo warrant if prsn found in suspicious places under circumstances which reasonably show that prsn have been guilty of some felony, BofP, threatens, or about to commit offense. Authority of PO
May arrest wo warrant prsn wo PO has PC to believe have committed assault resulting BI to another prsn and PO has PC to believe that there is danger of further BI to that person Authority of PO
Pursuit wo unreasonable delay by a PO of a prsn the officer reasonably suspects has committed a felony Fresh Pursuit
Prsn making arrest shall take the prsn arrested or have him taken wo unnecessary delay, but no later than ___ after the prsn is arrested, before the magistrate to may have ordered the arrest. 48 hrs (Art 15.17 Duties of Arresting Officer and Magistrate)
Written order from a magistrate, directed to a PO, commanding him to take body of prsn accused of offense, to be dealt with according to law. Warrant of Arrest
Requisites of Warrant Specify name of prsn whose arrest is ordered w a reasonable definite description, The Offense they are accused of committing, Signed by magistrate, his office named in body of warrant/signature
Affidavit made before the magistrate or district or county attorney... charges the commission of an offense Complaint (Art 15.04)
If arresting a prsn for an out-of county offense and they have bail, the magistrate shall: Take the bail and it will be immediately transmitted to the court that has the jurisdiction of the offense (Art. 15.18 Arrest for Out-of-County Arrest)
In making an arrest, all ___ means are permitted to be used to effect it. No ___ force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused. Reasonable, Greater
When _________, the PO 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? the person has a felony (Art 15.25 May Break Door)
3 parts of the Warrant Affidavit, The actual Warrant itself, Return
A writ that is issued by judge after commitment or bail and before trial and directed "To any PO of the St of TX", commanding the PO to arrest a prsn accused of an offense and bring prsn before that court immediately or on day or at term started in writ Capias
Facts or circumstances that would lead a reasonable prudent person to believe a crime has been / about to be committed Probable Cause
An officer may arrest for that offense which the ____ leads the officer to believe is occurring / occurred. Probable Cause
You must have ____ to conduct a search/seizure. Probable Cause
What can a PO do with mere suspicion? License plate checks. Surveillance. Initialize PO/Citizen encounter. Obtain facts and circumstances that rise to level of either reasonable suspicion which gives PO power to detain or PC which permits officer to arrest.
If a detention never turns into a PC you must: Release the person (cannot arrest)
There are 2 definitions of PC, ___ and ___ bc different types of information are required to establish PC. One of search and One of arrest
Sufficient articulable facts and circumstances and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude that criminal activity is afoot Reasonable Suspicion
Holding a person for a limited time but who as yet is not answerable to a criminal offense Temporary Detention
Elements Req for Temp Detention Reasonable suspicion that some activity is out of ordinary. Some indication to connect prsn, to be detained, w suspicious activity. Some indication suspicious activity relat to specific offense. Conduct interview to determine anything occurring.
Something illegal to possess Contraband
Written order, issued by a magistrate and directed to PO commanding to search for any property or thing and to seize same and bring it before magistrate Search Warrant
Restraint of prop, whether by physical force or by display of an officer's authority, and includes collection of property or act of taking possession of property Seizure
PO are generally req to _____ their ___, ___, and ___ before entering premises to execute a search warrant. Knock and Annouce. Presence, Authority, and Purpose
The purpose of "Knock and Annouce" Reduce risk of violence. Protect privacy by reducing risk of entering wrong premises. Prevent prop damage.
Courts usually req PO to wait ________ before entering the premises. A reasonable time under all circumstances
The exceptions to a "Knock and Announce" (AKA "No Knock") that knocking and announcing would: Present a threat of physical violence. Useless gesture. Likelihood evidence would be destroyed.
___ anything to be offered in court to prove the truth of facts at issue in a case Evidence
The object of a search is _______. Anything of evidentiary value
What are you looking for during a search Handcuff keys. Weapons. Contraband (Illegal weapons, drugs, paraphernalia). Criminal Evidence.
What is considered Evidence Fruits of crime. Tools of crime. Contraband. Mere evidence (items we used to tie the actor to the crime scene or victim).
___ states that a PO can do a warrantless search of a readily mobile motor vehicle by a PO who has PC to believe that vehicle contains incriminating items subject to seizure Carroll v. US (Carroll doctrine)
The ______ does not protect ____ so PO can search wo warrant. 4th Amendment. Open Fields
An open field begins __________ end. where the curtilage surrounding a dwelling end
___ is considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it's considered part of the house. Curtilage
Curtilage Area around the dwelling/residence
The ___ Amendment DOES OR DOES NOT protect open fields. Officers MAY OR MAY NOT enter and search open fields. 4th. Does Not. May
The PO _____ the entire vehicle, bumper to bumper, and any containers therein in which the contraband or evidence would fit. May Search
Under ____, the passenger compartment of a motor vehicle may be searched incident to arrest of an occupant only if the officer can demonstrate he had reason to believe evidence of the crime for which the suspect was arrested will be found in the car. Chimel v. CA, AZ v. Gant
The automobile exception has 2 primary elements: ___ and ___. Readily Mobile motor vehicle and PC to believe that vehicle contains contraband/criminal evidence
The ___ search of a MV is ___ by courts bc prsns have a lessened expectation of privacy in a MV d/t its _____ and the fact that it's ______ where its occupants and contents are open to view. Warrantless. Permitted. Inherent mobility. Driven on public rds
Consent to search is considered _______, and as such, the ___ must be __ and ___. There is no requirement of PC for this search. Considered a waiver of constitutional protection. Waiver. Voluntary and Knowing.
Who can give consent to a search? Parents: Child's room if they routinely go in Spouses: 1 may give consent for entire premises but if both are present and 1 says no, you can't search. Rmmates: Their own rooms & common area. Schools: PO ask Principal for consent to search locker.
What are the exceptions to who can give consent to a search and where? P'rnts: Child's room if don't routinely go in Spouse: Both present & 1 says no, no search Rmmts: = Spouse School: PO cannot search locker. Principal must give consent or do it himself. Landlord & Hotel: NOT Emplr: If emp didnt sign waiver of privacy
Intent of prsn leaving behind or discarding the prop Abandonment
If the intent of the prsn was to __________ to that property, it will be deemed abandoned and _________. Relinquish all title, possession, or claim. Subject to search wo warrant.
Emergency requiring immediate medical or police assistance, imminent destruction of evidence that's easily lost/destroyed, presence of dangerous weapons/instrumentalities, and community caretaking doctrine Exigent Circumstances
Free to approach and ask questions so long as officers recognize that those person can refuse to ID themselves, refuse to cooperate, refuse to answer questions, and can simply walk away. Consensual Encounters
Temporary seizure of a prsn for investigation based on an officer's reasonable suspicion of criminal activity. Still doesn't have to ID themselves or answer questions. Investigatory Stops/Detention (Terry v. Ohio)
A temporary detention Terry stop (Terry v. Ohio)
Take person into custody for purpose of charging them with crime based on officer's establishment of PC Arrest
What can you do when you arrest? Lay hands on and search areas of immed control. Get Name & DOB. Transport.
What is needed for a Terry stop? Suspicious Activity. Linked to a specific Person. Linked to a specific crime.
Four elements for an arrest Authority, Intent, Actual Seizure, Understanding
POs arrest must be made under real ___. This means the officer is authorized by law to make an arrest and the arrest is supported by PC. Authority
POs purpose to take person into custody Intent
Prsn arrested is taken into custody either by physical force or by submission to assertion of authority Actual Seizure
___ by the person to be arrested of the officer's intention to arrest. Understanding
Custodial Statements - Persons in ___ prior to ___ must be clearly informed by POs that they have the right to remain silent and that anything they say can and will be used against them in court. Custody interrogation
Once prsns in custody indicate their right to remain silent _________. Interrogations must cease.
A PO may arrest wo warrant: Prsns in suspicious places. BofP. About to commit offense. PC prsn committed assault cause BI. Fam Viol. Prevented ability call 911. Prsn makes statement about commit felony
PO must be able to articulate specific facts and circumstances to justify an arrest regarding _____ and ____. Suspicious Places and Circumstances
A PO shall arrest wo warrant: Broke Protective Order if done in the presence of the PO
A PO may release individual that commits Public Intox if: PO believes detention in penal facility is unnecessary for protection. Prsn is released to care of adult who agrees to assume responsibility. Verbally consents to rehab.
Only exception to laying hands on prsn for it to be lawful: Reasonable Suspicion. PC
What can a PO do with mere suspicion? Computer checks. Surveillance. Police-citizen encounter.
When facts and circumstances within the POs knowledge and of which they had reasonably trustworthy info are sufficient in themselves to warrant a man of reasonable caution in the belief that seizable prop would be found in a partic place or on partic prsn PC to Search
Where facts and circumstances wi PO knowledge and of which they had reasonably trustworthy info are sufficient in themselves to warrant a man of reasonable caution in belief that an offense has been/is being committed by prsn arrested PC to Arrest
Facts and Circumstances (Totality of circumstances) that can be used to establish PC Time of day/night. Loc. Furtive Act. Abnl demeanor. POs knowl of facts/circ to loc/prsn/sit. POs sensory perceptions. Statemnts Prox to crime scene Clothing Physl/Mental condition of suspect Fingerprints/DNA Possession of tools/contraband
The court will examine ______ surrounding the seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the 4th Amend. Totality of the Circumstances
Elements required for Temp Detention Reasonable suspicion. Some indication to connect prsn, to be detained, with suspicious activity Some indication the suspicious activity is related to a specific offense. May conduct an interview to determine what occurred.
An arrest is not authorized under Failure to Identify during a detention UNLESS The prsn gives a false name or other false information
A pat down of the entire outer clothing of a person. Frisk
Circumstances when frisking is permitted To protect safety of the officer and others. PO feared for his safety. Prsn might have weapon.
If you detect a weapon during a frisk You may place your hand inside clothing to retrieve weapon.
Examination or inspection of a loc, vehicle, or prsn by LEO for purpose of locating objects or substances relating to or believed to relate to criminal activity Search
Anything to be offered in court to prove the truth of facts at issue in a case Evidence
Evidence consists of Fruits of the crime (what as stolen). Tools of crime (Items used in crime). Contraband (Illegal items). Mere evidence (Items that tie actor to victim or crime scene).
If a prsn arrested and taken before a magistrate in a county other than the county arrested, prsn may be confined in jail in that county not more than ____ after arrest before being transferred to county jail which arrest occurred. 72 hours (Art 15.19)
In case of a ____, PO may break down door of ___ house for purpose of making arrest, if ________. Felony. Any. PO was refused admittance after giving notice of his Authority & Purpose. (Art 15.25)
Before the ___ business day after the date a magistrate accepts a written plea of guilty or nolo contendere, the magistrate shall transmit ________ to the court having jurisdiction of offense. 11th day. Written plea, Any order entered in the case, and any fine or costs collected in the case. (Art 15.18)
Prisoner discharged if not timely demanded - what is the time frame? Before the 11th day after the date the person is committed to jail (Art. 15.21)
Notification to Schools Required - Shall orally notify the superintend, in which the student is enrolled, of that arrest or referral, within ___ after the arrest/referral is made or ______. 24 hrs. Before the next school day, whichever is earlier. (Art. 15.27)
Order signed by the proper magistrate directing a sheriff to receive an place a prsn in jail Commitment (Art 16.20)
Security given by the accused that he will appear and answer before the proper court the accusation brought against him and include a bail bond or personal bond Bail (Art 17.01)
Who can issue warrants? Judge of a municipal court of record who is an attorney licensed by the state. Judge of a county court who is an attorney licensed by the state. Judge of a Statutory County Court, District Court, Court of Criminal Appeals, or Supreme Court (Art 18.01)
An attrny rep ST in prosecution of felonies may request a district judge/judge of appellate court to seal an affidavit. Why? If public disclosure of affidavit would jeopardize the safety of a victim, witness, or confidential informant. Cause destruction of evidence. Affidavit contains info obtained from wiretap that hasn't exp at time atty request sealing (Art 18.011)
An ordered sealing of an affidavit expires _____ on which the the search warrant for which the affidavit was presented is executed. Expires on the 31st day after the date (Art 18.011 Sealing Affidavits)
Atty may request before the ____ after the date on which the search warrant for which the affidavit was presented is executed, one _____ extension, on new finding of compelling state interest. 31st day. 30 day. (Art 18.011 Sealing Affidavits)
A search warrant may be issued to search for an photograph a child who is alleged to be the victim of offenses of: Injury to child. Sexual Assault of a child. Aggr Sex Assault of a child. Cont Sex Abuse of Young Child. (Art 18.021 Issuance of Search Warrant to Photograph Injured Child)
After having located and photographed child, PO takes exposed film and delivers to magistrate. The child may/may not be removed from the premises on which he is located. May NOT (Art 18.021 Issuance of Search Warrant to Photograph Injured Child)
Under Issuance of Search Warrant to Photo Injur Child, search warrant shall be executed by a PO of _______. Same sex as victim. If not same sex, PO must be assisted by prsn of same sex as victim. (Art 18.021)
Search Warrant must contain: "The State of TX". ID what is to be seized. Name/describe person/place/thing to be searched. Commands any PO of proper county to search prsn/place/thing named. Dated and signed by magistrate. (Art 18.04 Contents of Warrant)
A search warrant must be executed _____ from the time of its issuance. Within 3 days (Art 18.06 Execution of Warrants)
Period allowed for execution of search warrant, exclusive of the day of its issuance and of the day of its execution is _____ if warrant is issued solely to search/seize DNA 15 whole days (Art 18.07 Days Allowed for Warrant to Run)
Period allowed for execution of search warrant, exclusive of the day of its issuance and of the day of its execution _____ if warrant is issued under Stored Customer data/Communication 10 whole days (Art 18.07 Days Allowed for Warrant to Run)
Period allowed for execution of search warrant, exclusive of the day of its issuance and of the day of its execution _____ if warrant is issued for purpose other than DNA or Stored Customer Data/Communication. 3 whole days (Art 18.07 Days Allowed for Warrant to Run)
Department of Public Safety Department (Art 62.001)
Discharged, paroled, placed in a nonsecure community program for juvenile offenders, or placed on juvenile probation, community supervision, or mand supervision Released (Art 62.001)
Conviction or adjudication, incl an adjudication of delinquent conduct or deferred adjudication, that regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on certain criteria (numerous things mentioned in book) Reportable conviction or adjudication (Art 62.001)
Different interactions bt PO and persons Consensual Encounters, Investigatory Stops/Detentions, Arrests
A PO MAY arrest WO warrant offender when offense is committed ______ or ______, if the offense is a ___ or offense against public peace. In his presence or WI his view. Felony
PO MAY arrest WO warrant when prsn commits a ___ or ______ in presence or within view of ____ and he ______ PO to arrest. Felony or Breach of Peace. Magistrate. Verbally orders
PO MAY arrest WO warrant, person found in _____: Suspicious Places, Poss felony, BofP, Threaten, About to commit. (Art 14.03(1))
If prsn ______ in presence of PO, PO ____ arrest WO warrant. Violates Protect Order based on Sexual Assault, Abuse, Stalking, Traff. SHALL (Art. 14.03(b))
If PO has PC to believe prsn has ________, but not in the presence of the PO, the PO ___ arrest WO warrant. Violated Protect Order based on Sexual Assault, Abuse, Stalking, Traff. Interfere w 911 call. MAY (Art. 14.03(3))
PO ___ arrest WO warrant, prsn PO has PC to believe____: MAY. Has committed Assault result in BI and also PC to believe danger of further BI to victim. Fam Violence. (Art 14.03(2&4))
PO MAY arrest WO warrant if prsn _____. Makes statement re another crime & establishes PC to believe prsn committed a felony (Art 14.03(6))
If reasonably necessary to verify allegation of violation of a Pro Ord or Fam Vio, a PO ____ remain at scene of investigation to verify allegation & to _______. SHALL. Prevent further commission of violation or fam violence. (Art 14.03(c))
PO outside jurisdiction ____ arrest ____ warrant, prsn that commits offense wi officers view if offense is ___, ____, or ____. MAY. WO. Felony, Violation of Disorderly Conduct or Intoxication, or Breach of Peace (Art 14.03(d))
PO may release individual ___ yrs or older, from Public Intox offense if: >=18yo. PO believes detention in penal facility is unnecessary for protection and prsn is released to care of adult who agrees to assume responsibility for individ. Or individ agrees to rehab. (Art 14.031)
When prsn says a felony has been committed and actor is about to escape, a PO: MAY pursue and arrest accused WO warrant. (Art 14.04)
When can a PO enter a residence to arrest WO warrant? Prsn who resides there gives consent or Exigent circumstances exist that give officer right to enter wo consent or wo warrant. (Art 14.05)
In the execution of a search warrant, the officer may call to his aid any number of ____ in this county who shall be bound to aid. Citizens (Art 18.08 Power of Officer Executing Warrant)
Restraint of property whether by physical force or by display of officer's authority and incl collection of property or act of taking possession of prop Seizure
When prop which PO is directed to search/seize, PO ____ take possession and carry it before magistrate. He ___ arrest prsn he is directed to by warrant and ___ take prsn before magistrate. Shall. Shall. Immediately (Art 18.09 Shall Seize Accused and Property)
PO must return search warrant to ____ with _____ written on back. Must also deliver copy of ___ to ___. PO shall retain custody of prop until magistrate issues order. Magistrate. How search warrant was executed. Inventory. Magistrate. (Art 18.10 How Return Made)
PO that comes into custody or prop alleged to have been stolen shall: Hold it subject to order of proper court only if ownership of property is contested or disputed. (Art 47.01 Subject to Order of Court) Ex. Stop car and has stolen laptops.
Created by: elizabeth-mcw