Arrest Search & Seizure ***Not official TCLEOSE Study Guide***
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| In order to frisk a stopped suspect, an officer must reasonably suspect that the suspect is ______ | show 🗑
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| show | 1. Authority
2. intent
3. custody
4. knowledge
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| show | when they have "reasonable suspicion"
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| The Landmark case concerning stop & Frisk was? | show 🗑
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| what is the immediate area surrounding a home and structures called? | show 🗑
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| What Landmark case defined searches in relation to the arm's reach area near an arrested person? | show 🗑
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| When can a Landlord consent to the search of a tenant's property/dwelling? | show 🗑
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| ____________ is always open to police as evidence. | show 🗑
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| show | Probable Cause
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| The standards for a warrantless arrest are the same as for the issuance of _______? | show 🗑
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| Particular descriptions of the place to be searched and the things to be searched for is required by the ________ | show 🗑
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| ___________ are illegal to posses and cannot be lawfully owned. | show 🗑
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| 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 __________? | show 🗑
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| Police may use __________ evidence in determining probable cause for an arrest | show 🗑
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| What is Significant about Border Searches? | show 🗑
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| If _________ is given to search, no warrant is required. | show 🗑
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| ______________ are wholly statutory. | show 🗑
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| informants can be classified as (4-parts) | show 🗑
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| show | for surveillance
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| while effecting an arrest, police should always ________? | show 🗑
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| when a peace officer approaches a suspect, sound field procedures direct that the officer _____________? | show 🗑
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| show | Officer judgment (discretion)
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| The arresting officer has better control of a prisoner when the prisoner is handcuffed ________? | show 🗑
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| show | Direct
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| show | 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.
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| show | Search Warrant
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| show | A Capias
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| show | False
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| show | True
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| 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? | show 🗑
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| show | True
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| 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? | show 🗑
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| show | 20 days
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| show | A confession alone is not sufficient and must be corroborated with independent evidence.
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| Evidence seized under an invalid search warrant but seized in good faith _________ be used in court? | show 🗑
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| show | be taken before the issuing magistrate.
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| According to CCP 14.06, how soon should a person be taken before a magistrate? | show 🗑
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| An "order of arrest" issued by the "clerk of the court" is a _______ | show 🗑
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| show | contain a reasonable definite description of him/her.
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| show | report the citizen to the district or county attorney.
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| The affidavit filed in applying for a warrant of arrrest is called a/an? | show 🗑
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| Contemporaneous with a lawful arrest an officer may search _______? | show 🗑
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| show | 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.
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| what is the level of proof required to obtain a valid search warrant? | show 🗑
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| show | Yes
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| show | where the curtilage ends.
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| Curtilage is considered to be? | show 🗑
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| in order for a "consent search' to be valid it must be ______? | show 🗑
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| When can an officer seize abandoned property? | show 🗑
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| if contraband is seized in violation of a persons Fourth amendement rights the property | show 🗑
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| show | Yes, under the "good faith exception to the Texas exclusionary rule.
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| show | list personal property of arrestee for safekeeping, protect the officer, protect the public
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| An arrest warrant is valid ______? | show 🗑
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| show | To serve a felony arrest warrant if refused admittance after giving notice of his/her authority and purpose.
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| show | on any day or at any time of the day or night!!!
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| To whom may an arrest warrant be issued (not a capias) | show 🗑
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| An affidavit made before the magistrate or district/county attorney is called _____ if it charges the commission of an offense? | show 🗑
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| show | 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.
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| show | Commands!!!
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| Constructive custody occurs when? | show 🗑
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| show | The act of imagining the apprehension of something without proof on slight evidence.
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| 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. | show 🗑
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| show | personal writing by the accused constituting evidence of an offense.
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| show | The issuing magistrate!!!
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| show | 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.
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| show | YES
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| show | if there is reasonable fear that the suspect may be in possession of a weapon.
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| show | 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.
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| what all can be "frisked" | show 🗑
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| show | Only the force necessary to overcome resistance
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| show | Reasonable suspicion
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| When an officer has suspicion that a crime is being committed, the officer "May" _____ | show 🗑
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| show | require people to identify themselves and be detained while the officer investigates!
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| 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 _______ | show 🗑
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| show | Temporary detention.
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| show | Mapp V. Ohio
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| show | IS NOT
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| show | the Waistband or belt between cuffed hands.
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| show | 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.
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| show | beginning of shift and after each prisoner transport is completed.
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| Define "area within a persons "imediate Control", or from which a person can destroy evidence or grab a weapon? | show 🗑
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| what must an officer do to obtain a warrant of arrest? | show 🗑
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| Any evidence that was obtained by an illegal search cannot be admitted as evidence under the exclusionary rule unless the officer was ____ | show 🗑
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| show | "reasonable suspicion"
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| show | Custodial Arrest
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| A person is under arrest when the individual is | show 🗑
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| "the act of imagining or of doubt or apprehension of something without proof or on slight evidence is blacks law definition of _____ | show 🗑
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| show | Probable Cause
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| show | Temporary
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| "the act of keeping back or withholding by design a person" is blacks law definition of | show 🗑
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| If a peace officer suspects a crime is about to be committed the proper course of action is to ____ | show 🗑
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| An Inquest is _____ | show 🗑
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| show | reasonable suspicion.
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| show | Wong Sun V U.S.
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| The right to an attorney at the time the suspect requests a lawyer is required by what court case? | show 🗑
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| _______ is an officers greatest asset in dealing with a law violator. | show 🗑
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| When approaching, confronting and interviewing a suspect two officers should approach the person in a spread _____ formation | show 🗑
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| The degree of proof required for a pat-down is? | show 🗑
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| show | Custody
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| 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? | show 🗑
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| show | 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.
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| show | Probable Cause
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| show | Constructive Custody
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