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TCLEOSE-AS&S
Arrest Search & Seizure ***Not official TCLEOSE Study Guide***
| Question | Answer |
|---|---|
| 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 |
Created by:
wagner.jeff.m
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