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T3 Review
| Question | Answer |
|---|---|
| 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 |
| Search warrants are issued based upon _______. | Probable Cause |
| The reviewing magistrate will determine PC from ______. | Information contained in the affidavit supporting the warrant. |
| The warrant must specify the____ to be searched for and the ________ of the search. | Items. Specific location. |
| Who can issue warrants? | Judge of a Statutory County Court, District Court, Court of Criminal Appeals, or Supreme Court (Art 18.01) |
| What can a search warrant be issued to search/seize? | Prop by theft, used in commit offense Arms & munition for riot Prohib weapons Gambling dev Obscene materials Drugs/parapher Any prop possess is prohib Tools used in offense Items/prop evidence offense commit Prsn Contraband Elec cust data |
| When can a search warrant NOT be issued to search/seize? | Personal writings |
| 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's to be seized. Name/descript 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) |
| PO shall present copy of search warrant to owner. If owner is not present but a prsn in possession of place is present: | PO shall present copy of search warrant to the prsn along w inventory list (Art 18.06 Execution of Warrants) |
| PO shall present copy of search warrant to owner. If owner is not present and no other prsn in possession of place is present: | PO shall leave copy of search warrant along w inventory list on the premisis (Art 18.06 Execution of Warrants) |
| 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) |
| Search warrant issued to get: | Evidence, Contraband, Photo of child |
| Parts of a Search Warrant: | Affidavit, Warrant, Return |
| Categories of evidence which a search may be conducted: | 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). |
| ___ 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 ___ amendment does not protect ______ so PO may search wo a warrant. (Exception of Warrant Requirement objective) | 4th Amendment. Open Fields. |
| An open field begins __________ ends. | where the curtilage surrounding a dwelling |
| ___ 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 |
| Consent to a search is considered a ________ so it must be ________. There is ______ of PC for this search. | Waiver of a constitutional protection, Voluntary and knowing. No requirement of PC |
| The prsn granting consent remains in control of the search and may _______. | Limit the scope of the consent or revoke it entirely. |
| Prsn granting consent for search must be in a position to _______. | Revoke the consent at anytime. (Can't be in back of squad car where they can't get out). |
| Since consent is difficult to prove at trial, officers should obtain consent ______ when possible. | In writing or recording |
| 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 |
| Emergency requiring immediate medical or police assistance, imminent destruction of evidence, presence of dangerous weapons or instrumentalities, and community caretaking doctrine are all considered: | Exigent Circumstances |
| Categories of Exigent Circumstances - when you don't need a warrant | Crime scenes, Serious Injury, Prevent prsn from entering home, Prevent imminent destruction of evidence, Dangerous weapons/instrum, Community Caretaking |
| Exigent Circumstances (when you don't need a warrant) - Serious injury | PO may enter wo warrant to render emergency assistance to an occupant or protect occupant from serious injury |
| Exigent Circumstances (when you don't need a warrant) - Prevent prsn from entering home | PO who have PC to believe that prsn has hidden contraband in home may prevent prsn from entering home while they get search warrant |
| Exigent Circumstances (when you don't need a warrant) - Dangerous Weapon or Instrumentalities | PO may enter wo search warrant if they believe dangerous weapon is present or was used AND someone needs assistance |
| Plain View (exceptions to Search Warrants) | PO must be lawfully present to see what they see AND it must be immediately apparent to PO that what they see is contraband or connected with criminal activity. (Ex. weed on front seat of car) |
| Holding a person for a limited time, but who is not yet answerable to a criminal offense | Temporary Detention |
| Elements required for Temporary Detention | Reasonable suspicion that out of ordinary activity is/has taken place. Indication to connect prsn with suspicious activity. Indication suspicious activity is related to specific offense. |
| A person can/cannot be required to ID himself, even when detention is lawful. | CANNOT - Prsn who has been lawfully detained are under no obligation to answer questions posed by officers. |
| An arrest is not authorized under Failure to Identify during a detention UNLESS | The prsn gives a false name or other false information |
| A temporary detention | Terry stop (Terry v. Ohio) |
| A pat down of the entire outer clothing of a person, nonintrusive, nonfishing, nonmanipulation. | Frisk |
| 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 |
| Why is a frisk done? | To protect the safety of the officer - locating weapons |
| When/why is a frisk permitted? | Permitted anytime PO can articulate reasons he feared for his safety. PO believes prsn has weapon on or about his prsn. (Terry v. Ohio) |
| For a frisk, PO must _____, ____, and ____ known at that particular point in time w regards to that particular prsn that led PO to believe frisk was necessary to insure POs safety. | Articulate the facts, Observations, and Information Known |
| Frisk Case Law | Terry v Ohio |
| Who may be frisked? | Prsns, Vehicles |
| Describe frisk of prsn | Pat down entire body but only the outside of clothing. |
| If PO detects a weapon d a frisk, what do you do? | Place hand inside wherever it is in clothing and retrieve it |
| Describe Frisk of vehicle | Limited search of passenger compartment of MV for weapons |
| Facts and Circumstances that can be used to establish Probable Cause | High crime rate area. Time of day/night. Loc. Furtive Act. Abnormal behavior. Statements. Proximity to crime. Clothing. Physical/mental cond of suspect. Inconsistent statements. DNA. Possession of tools/fruits of crime/contraband. PO training, experience. |
| PC building blocks* | Mere suspicion, Reasonable Suspicion* |
| Hunch or feeling of intuition | Mere Suspicion |
| ______ is insufficient proof of any fact in a court of law. | Mere Suspicion |
| What can PO do with Mere Suspicion? | Computer checks of plates, Surveillance, Police-citizen encounter |
| PO object using mere suspicion is to _________ that rise to the level of either reasonable suspicion which gives officers the power to ___ or ___ which permits to arrest. | Obtain articulable facts and circumstances. Detain or PC |
| 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 prsn for a limited time, but who, as yet, is not answerable to a criminal offense | Temporary Detention |
| During a detention, PO may ask prsn to remain for ________ that can be satisfactorily accounted for, while actively involved in the investigation at hand. | Reasonable length |
| Is it ok to take the suspect with you to check out a possible crime scene? | Yes |
| Prsns who have been lawfully detained are under _______ to answer questions posed by officers. | No obligations |
| Deter police misconduct | Exclusionary Rule |
| Evidence obtained by PO using methods that violate a prsn's constitutional rights can/cannot be used against a defendant | CANNOT be used |
| Case law for Exclusionary Rule | Mapp v Ohio & US v Weeks |
| Elements of arrest | Authority, Intent, Actual Seizure, Understanding |
| POs arrest must be made under real ___. PO is authorized by law to make an arrest and the arrest is supported by PC. | Authority |
| PO purpose or intention to take a prsn into custody of law | Intent |
| Prsn arrested is taken into custody either by physical force or by submission to assertion of authority | Actual Seizure |
| ___ by prsn to be arrested of the officer's intention to arrest | Understanding |
| Administrative, caretaking procedure designed to prevent false claims of lost or damaged property being made against a PD and to safeguard the police and others from potential danger | Inventory |
| Purpose of Inventory | Protects you from being liable. List property for recovery. |
| When can you do inventory? | After vehicle is impounded. |
| When can you arrest? | Offense wi View. WI View of Magis & they author. Felony has been committed. Suspic place. BI, PC further BI. Viol Prot Ord. Fam Viol. Interfere 911 call. Felony. |
| PO who is outside jurisdic ___ arrest wo warrant, prsn who commits a _________, if _____. | MAY. Felony, Disorderly Conduct, Intox, BofP. IF in POs presence or view. |
| 1 prsn exercises a control over prsn of another and detains him wi certain limits. Incl coercion by threats, menaces, or fear or injury. Confined. Imprisoned. In custody. Confinement. Imprisonment. | Constructive Custody |
| Legal basis for issuance of a search warrant | Probable Cause |
| Who may WO warrant arrest offender when offense is committed in presence or wi view IF offense is felony or against public peace? | PO or ANY other person |
| A PO may/may not arrest offender wo warrant for ___ offense committed as long as __________. | MAY arrest. ANY offense. WI presence or view. |
| When arresting Juve & they're enrolled in school or you can't figure out if they're enrolled, you must: | Notify the superint in the school dist of arrest wi 24 hrs p arrest/referral OR a next school day, whichever is earlier. |
| Facts and circumstances wi POs knowledge an of which they had reasonably trustworthy info are sufficient in themselves to warrant man of reasonable caution in belief that seizable property would be found in particular place or on particular prsn | Probable Cause to Search |
| Facts and circumstances wi POs knowledge and of which they had reasonably trustworthy info are sufficient in themselves to warrant a man of reasonable caution in belief that offense has been or is being committed by prsn to be arrested. | Probable Cause to Arrest |
| The PC test is an ___ one, bc for there to be PC, the facts must be such as would ___________. | Objective. Warrant a belief by a reasonable man. |
| Case law for PC to Search | Carroll v US |
| An officer may arrest for that offense which _________. | PC leads the officer to believe is occurring or has occurred. |
| The court will examine the ________ surrounding the seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the 4th Amend. | Totality of the Circumstances |
| Chimel v CA Case Law | PO had Arrest Warrant for husb, he told them they didn't have permission to search but they searched entire house by Search Incident to Arrest. Only search immediate area, "lunging area/wing span" around actor, SIA for PO safety or preserving evidence. |
| Caroll v US Case Law | Gives PO right to search all of vehicle - bumper to bumper |
| If we want to search and arrest: | The search warrant may also order the arrest |
| No search warrant shall issue for any purpose unless sufficient facts are first presented to satisfy the issuing magistrate that ____ does in fat exist for its issuance. | Probable Cause |
| How much force can be used d a frisk? | A reasonable amount |
| Automobile Exception to Search Warrant | A readily mobile motor vehicle. Probable Cause to believe vehicle contains contraband or criminal evidence. |
| A prsn under arrest may be searched, incl the area immediately around the prsn. The passenger compartment of a MV can also be searched ONLY if the PO can _________. | Search Incidental to Lawful Arrest. Demonstrate he had reason to believe evidence of crime for which suspect was arrested will be found in car. |
| A warrantless search of a MV is permitted by courts bc ______. | Prsns have lessened expectation of privacy in MV d/t its inherent mobility and fact its driven on public rds when occupants and contents are open to view. |
| Device or drug unsafe for self-medication and that is not inc in Sch I-V or Pen Groups 1-4. | Dangerous Drug |
| A device or drug that bears or is req to bear the legend "Caution: federal law prohibits dispensing wo prescription" or "Rx only" or "Caution: Fed law restricts drug to use by or on order of licensed vet" | Dangerous Drug |
| Sell, dispense, give away, or supply in any other manner | Deliver (Illegal) |
| Prsn, other than pharmacist, who manufactures dangerous drugs | Manufacturer (Illegal) |
| An order from practitioner to a pharmacist for a dangerous drug to be dispensed | Prescription |
| A prescription must include | Date, Name/add of pt, Name/Quant of drug, Directions for use, Intended use of drug unless Dr thinks info is not best interest of pt, Name/Add/# of Dr. |
| To directly apply a controlled substance by injection, ingestion, inhalation or other means to body of pt by Dr or Pt @ direction & in presence of practitioner | Administer |
| Delivery of a controlled substance in course of professional practice by a dr to a user | Dispense (Legal) |
| Actual care, custody, control, or management | Possession |
| Categories of Controlled Substances | Narcotics, Depressants, Stimulants, Simulated Controlled Substances, Marijuana, Hallucinogens (NDSSMH) |
| Drugs in Penalty Group 1 | Methamphetamine, Morphine, Cocaine, Ketamine, Heroin |
| Drugs in Penalty Group 1A | LSD - Hallucinogen |
| Drugs in Penalty Group 2 | Mescaline, MDMA (Ecstasy), Phencyclidine (PCP), Psilocybin (Magic Mushrooms), and Bath Salts - MMPPBS |
| Drugs in Penalty Group 2A | Synthetic Cannabinoids (K2) |
| Drugs in Penalty Group 3 | Valium |
| Drugs in Penalty Group 4 | Codeine |
| Examples of Narcotics | Opium, Heroin, Cocaine, Morphine (pure form of opiate) |
| Examples of Depressants | Barbituates, Valium, Xanax |
| Examples of Stimulants | Caffeine, Amphetamine, Methamphetamine, Ecstasy |
| Examples of Hallucinogen | LSD, PCP |
| Different names for Marijuana | MJ, Weed, Reefer, Bud, Green, Grass, Pot, Hemp, Blunt, Dope, Ganja, Trees, Skunk, Joint |
| Different names for Methamphetamine | Crank, Speed, Ice, Chalk, Crystal, Fire, Glass, Go Fast |
| How do Narcotics affect the body? | Decrease Pn, Alters mood/behavior, Induces sleep/stupor |
| How do Depressants affect the body? | Relaxes the body, Downers, Tranquilizers |
| How do Stimulants affect the body? | Increase Temp, Excels physiological or organic activity |
| How do Hallucinogens affect the body? | Induces hallucinations, Alters sensory experiences |
| Equip, product, or material used/I use in growing, manufact, preparing, or storing controlled substance or in ingest/inject/inhal into body | Drug paraphernalia |
| What could be considered Drug Paraphernalia | Kit, Material, Isomerization device, Testing equip, Scale, Dilutant/adulterant, Sifter, Blender, Bowl, Container, Spoon, Mixer, Capsule, Balloon, Envelope, Syringe, Object used to Ingest/Inject/Inhale MJ, Cocaine, Hashish into body |
| What could be considered Drug Paraphernalia to be used to Ingest/Inject/Inhal MJ, Cocaine, Hashish, or Hashish Oil? | Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe w or wo a screen, hashish head or punctured metal bowl. Water pipe. Carburetion tube. Smoking mask. Chamber pipe. Carburetor pipe. Electric pipe. Air-driven pipe. Chillum. Bong. Ice pipe. |
| If you find drug paraphernalia, you must fine ___ or ___ from a controlled substance on it to make an arrest. | Resign or residue |
| To deliver a controlled substance other than by administering or dispensing the substance | Distribute (Illegal) |
| Substance, incl a drug, an adulterant, and a dilutant. Incl aggregate wt of any mixture, solution, or other substance containing it | Controlled Substance |
| A habit is a ____ attachment. | Emotional |
| An addiction is a ____ attachment. | Phsyical |
| When you think of self-medicating, think of ____. | Dangerous Drugs |
| A person commits an offense if prsn I, K possess a usable quantity or marijuana | Possession of Marihuana |
| Methods of Drug Abuse - how we get drugs into our body | Ingest, Inject, Inhalation |
| LSD | Lysergic Acid diethylamide - Hallucinogen - PG1A. Distrib in Abuse Units or a sheet. |
| Enhancements that may affect the punishment received for violating the TX drug laws | Drug Free Zones, Deadly Weapon Findings, Manufacture of Substance in PG1:Presence of Child, Use of Child in Commission of Offense, Complex synthetic/synth sub, Diversion of Controlled Sub by registrants, dispensers, and certain other prsns |
| Drug Free Zones | School, Playground, Premises, Video arcade facility, Youth center |
| Commonly abused drugs | Ritalin (Methylphenidate), Vicodin (Hydrocodone), GHB (Gamma-hydroxyl-butyrate), MJ, Speed balling = Heroin + Methamph or Heroin + Cocaine. |
| If a dangerous drug is seized: | Board directs PO to destroy drug. |
| Before destroying dangerous drugs, what must occur? | Inventory of the drug. Statement that DD is being destroyed at dir of board, stating who is destroying it (must be @ least 2 ppl) and who is present, the capacity which those prsns acted, signed by everyone and be sworn that the statement is correct. |
| Equip or materials of any kind that're intended for use in inhaling, ingesting into body an abusable volatile chemical | Inhalant Paraphernalia |
| What can be used as Inhalant Paraphernalia | Tube, Balloon, Bad, Fabric, Bottle, container used to concentrate or hold in suspension an abusable volatile chemical or vapors of chemical |
| Examples of Inhalant Paraphernalia | Spray paint, Freeon, Keyboard cleaner |
| Different names for Hashish | Hash, Hemp, Boom, Gangsta, Hashish oil |
| Different names for Cocaine | Blow, Bump, C, Candy, Charlie, Coke, Crack, Flake, Rock, Snow, Toot |
| Different names for Heroin | Smack, Horse, Brown sugar, Dope, H, Junk, Skag, Skunk, White horse, China white |
| Different names for Amphetamine | Bennies, Black beauties, Crosses, Hearts, LA turnaround, Speed, Truck drivers, Uppers |
| Common places of concealment of Controlled Substances and Dangerous Drugs on Person | Clothing, Belts, Shoes, Hair, Under arms, taped to body, Body cavities |
| Common places of concealment of Controlled Substances and Dangerous Drugs in Places (Home) | Furniture, Cabinets, Fridge, Food canisters, Under sinks/drains, Toilet tanks, Waste baskets, Closets |
| Common places of concealment of Controlled Substances and Dangerous Drugs in Vehicles | Glove box, Ash tray, Under dash, Under carpet, Gas tanks, Hub caps, Headliner, AC duct, Trunk, Consoles, Door panels, Spare tire, Engine compartment |
| Methods of identifying suspected Controlled Substances and Dangerous Drugs | Physicians Desk Reference (PDR), TX DPS, & Agencies/Labs that analyze suspected controlled substances |
| Which Felonies do not have a time limitation? | Murder and Manslaughter. Sexual Assault if DNA comes back unidentifiable. Sexual Assault of a child. Cont Sexual Abuse of Young Child. Indecency with a Child. Trafficking. Leaving Scene. (Art 12.01 Felonies) |
| Which Felonies have a 10 yr limitation from the date of the commission of the offense? | Forgery. Theft of estate w I to defraud heir. Theft by Pub Serv of govt property. Sexual Assault. Injurty to Elderly or Disabled punishable by 1st deg felony. Trafficking. Compelling Prostitution. Arson. (Art 12.01 Felonies) |
| Which Felonies have a 7 yr limitation from the date of the commission of the offense? | CC or DC abuse. Money laundering. Misapplication of fiduciary property. Securing execution of doc by deception. False statement to obtain property or credit. Fraudulent use of ID info. Medicaid fraud. Bigamy. Felony violation. (Art 12.01 Felonies) |
| Which Felonies have a 5 yr limitation from the date of the commission of the offense? | Theft/Robb. Kidnapp. Burglary. Injury to elderly or disabled that's not punishable as a 1st deg felony. Abandoning/Endangering child. Insurance fraud. (Art 12.01 Felonies) |
| Which Felonies have a 20 yr limitation from the 18th bday of the victim if the victim < 17 yrs at time of offense? | Sexual Performance by a Child. Aggravated Kidnapping if I to abuse sexually. Burglary if I to Sexually Abuse child or Cont Sex Abuse of Young Child. (Art 12.01 Felonies) |
| Which Felonies have a 10 yr limitation from the 18th bday of the victim if the victim < 17 yrs at time of offense? | Bigamy. Compelling Prostitution. Injury to a Child. Trafficking of Persons. (Art 12.01 Felonies) |
| Which Felonies have a 3 yr limitation from the 18th bday of the victim if the victim < 17 yrs at time of offense? | All other felonies (Art 12.01 Felonies) |
| What's the time limitation for an ____ or information for any Class A or B Misd? | Indictment. Within 2 years from date of commission of offense (Art 12.01 Misdemeanors) |
| What's the time limitation for a ____ or information for Class C Misd? | Complaint. Within 2 years from date of commission of offense (Art 12.01 Misdemeanors) |
| The limitation period for Criminal Attempt is ____as that of the offense attempted. | Same. (Art 12.03 Aggravated Offenses, Attempt, Conspiracy, Solicitation, Organized Criminal Activity) |
| The limitation period for Criminal Conspiracy or Organized Criminal Activity is the ____ as that of the most serious offense that is the object of the conspiracy or the organized criminal activity. | Same. (Art 12.03 Aggravated Offenses, Attempt, Conspiracy, Solicitation, Organized Criminal Activity) |
| The limitation for Criminal Solicitation is the ___ as that of the ___ solicited. | Same. Felony. (Art 12.03 Aggravated Offenses, Attempt, Conspiracy, Solicitation, Organized Criminal Activity) |
| Who can file for a Protective Order? Victim of: | Cont. Sex Abuse of Child, Indecency with Child, Sexual Assault, Aggravated Sexual Assault.. Trafficking, Compell Pros. Parent acting behalf prsn <17 victim part1. Parent acting behalf <18 victim part2. Prosecut attny acting behalf. (Art7A.01 App of ProOr) |
| ETOHic bev manufact, distrib, bought, sold, blended, processed or transported, on which tax has not been pd and which tax stamp hasn't been affixed | Illicit Beverage |
| Minor commits an offense if minor operates a MV in a public places or a watercraft, while having any detectable amt of ETOH in minor's system | Driving or Operating Watercraft Under the Influence of Alcohol by Minor |
| No prsn may sell, offer, or deliver any liquor: | NYD, Thanksgiving, Christmas, Sunday, before 10a or after 9p on q other day. If Christmas or NYD falls on Sunday, it applies to Monday |
| Mixed beverages are offered: | Sun midnight-1a and 10a-midnight. Sun with food 10a-noon. All other days bt 7a and midnight. |
| In a city or county having a population of 800,000+, a holder of Mixed beverages Late Hours permits may sell or offer to sell Mixed beverages: | Bt midnight and 2a on any day |
| Beer is offered: | Sun bt midnight and 1a, bt noon and midnight, with food bt 10a and noon. All other days bt 7a and midnight. |
| In a city or county having a population of 800,000+, a holder of Retail Dealer's On-Premise Late Hours permits may sell, offer to sell, or deliver Beer: | Bt midnight and 2a on any day |
Created by:
elizabeth-mcw
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