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Arrest/Search/Seizur
Criminal Code of Procedure Texas BPOC
| Term | Definition |
|---|---|
| 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
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