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Arrest/Search/Seizur

Criminal Code of Procedure Texas BPOC

TermDefinition
Detention Act of keeping back/withholding, either by act or by design
Hearsay Testimony Only allowed in suppression hearing
Exclusionary Rule No evidence obtained in violation is not admissable
Fruit of Poisonous Tree Evidence obtained after illegal action will not be allowed Wong Sung vs U.S.
Exclusionary Rule Case Mapp vs Ohio
Stop and Frisk case Terry vs Ohio
Search within area of immediate control Schimel vs California
4 Parts of an Arrest Intent, Authority, Seizure, Understanding
Valid stop must have Reasonable Suspicion
When can landlord consent to search if tenant hasn't paid and process in place to evict
Who doesn't need probable cause to search Border Patrol
When do you not need a search warrant With consent
Material Direct Evidence When an officer testifies in court as to what he saw
Capias Remember the word CLERK. Must be served by a peace officer.
Search Warrant valid for 3 days plus day of issue and day of execution
Peace officer may arrest for Any offense committed within his view
Affidavit for arrest warrant is a Complaint
Search warrants can require Arrest, Search, and Seize
Where does Curtlage begin area that is immediately adjacent to structure
Where does open field begin where the curtlage ends
Lawful Arrest allows you to search where Within area of immediate control
What is necessary to get a search warrant Probable Cause
Required for a voluntary consent to search to be valid Voluntarily and knowingly
When can you make an arrest Anytime
When can you break down a door After giving notice when dealing with felonies
Constructive Custody Person arrested has understanding they are arrested
Suspicion The act of imagining. Apprehension of something without proof. On slight evidence
Frisk pat down of outer layer of clothing, bag, vehicle.
Force allowed to Frisk Reasonable and necessary
Proof needed to stop and frisk reasonable suspicion
Blacks law definition of Probable Cause
Exclusionary Rule case Mav. vs Ohio
3 Elements of temporary detention Something out of ordinary Attach a person to an activity Attach an activity to offense
Miranda vs Arizona Right to an Attorney
Created by: DSO Academy