Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
56 Cards in this Set
- Front
- Back
Probable cause for search is similar to P/C test for arrest. It requires __ __ based on a __ ___, that __ or ___ is in the place to be searched. It must go beyond __ __ or on an educated __.
|
reasonable belief
reliable source contraband evidence of a crime mere suspicion educated hunch |
|
4 major exceptions to warrant requirement are:
|
1. Incident to a valid arrest
2. Vehicle searches under certain conditions 3. Emergency conditions or exigent circumstances 4. Valid consent |
|
Vehicle search founded on P/C may extend to ______.
|
Any part of the vehicle, including closed containers in which the oject of the search could be concealed.
|
|
When considering emergency/exigent circumstances: You may make a warrantless search for evidence when you ______.
|
Have P/C to believe it is in the place or thing to be searched AND you have reason to believe it will be moved or destroyed before a warrant can be obtained.
|
|
When considering consent: You can conduct a search of a person or property even though you don't have a warrant if _____.
|
Your experience & sense of touch make it "immediately apparent" that the object is contraband or evidence of a crime.
|
|
The area around the home to which activity of home life extends is called ___.
|
Curtilage
|
|
You may, without a warrant, seize any contraband or evidence of a crime that is in ____ ____ and which you have ____ ______.
|
Plain view
Lawful access |
|
If while frisking a suspect for weapons, you detect an object that is not a weapon, you may seize it without a warrant if ______________.
|
Your experience & sense of touch make it "immediately apparent" to you that the object is contraband or evidence of a crime.
|
|
Having a canine that is trained to detect drugs, explosive, or other contraband sniff the ____ of a _____ in a _____ _____ does not amount to search under the 4th amendment.
|
outside
container public place |
|
A search warrant is....
|
a written order, issued by a magistrate & directed at a peace officer, commanding him to search for any property or thing & seize the same & bring it before such magistrate, or commanding him to search for and photograph a child & deliver to the magistrate any of the film exposed pursuant to the order.
|
|
If you have probable cause for a search can you secure an area while a search warrant is sought? If so, why is this allowed and how do you handle a resident who wants to enter?
|
Yes you can, in order to prevent the loss or destruction of evidence.
Escort the resident. |
|
You may, pursuant to your department's ____ policy, conduct a routine warrantless search of the ___ ___ , including the ___ ___ of any lawfully impounded automobile.
|
caretaker
passenger area glove compartment |
|
A person is arrested when _____.
|
They have actually been placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
|
|
Temporary detention is defined as _______.
|
Holding a person for a limited time, but who, as yet, is not answerable to a criminal offense.
|
|
To justify a stop, your ____ ____ must be based on ____ _____ ____ and the ____ ____ your experience enables you to draw from those facts.
|
resonable suspicion
specific objective facts logical conclusions |
|
If you resonably suspect that an occupant of the vehicle is dangerous and may be able to gain control of a weapon in the car, you may ______.
|
Conduct a brief search of the vehicle, limited to the areas in which a weapon might be placed.
|
|
At the time you make an arrest, or immediately after the arrest, you may search for____ on the ______. Get a warrant to search further.
|
for weapons and evidence
person of the suspect and in the immediate area |
|
You may, without a warrant, seize items found in ___ ___ at the time of an arrest if you:
1. ___ 2. ___ |
1. Have P/C to believe the items are contraband or evidence of a crime
2. Haw lawful access to the items |
|
A suspect you have formally charged with an offense is protected by the right to _____, regardless of _______________.
|
counsel
regardless of whether or not he is in custody or subjected to interrogation in any form. |
|
3 classifications of interactions between peace officers & civilians are:
|
1. Police encounter/consensual
2. Detention based upon reasonable suspicion 3. Arrest based on probable cause |
|
A consensual encounter must be __ ___ in nature to pass muster as a consensual citizen encounter.
|
Truly voluntary
|
|
The 4 elements that have been used by courts to determine whether an arrest as occurred are:
|
1. Intent
2. Authority 3. Actual seizure 4. Understanding of person arrested |
|
Miranda v AZ procedures safeguard the ___ amendment privilege.
|
5th
|
|
Officers must always articulate the facets & circumstances known about the conduct at a location in order to establish the location as ____.
|
suspicious
|
|
Should an initial consensual encounter lead to an arrest or seizure of contraband, you must be able to __ ( _ ) sufficient facts & circumstances to establish __ __ & __ __ to support detention, arrest, and search.
|
Articulate (document)
R/S P/C |
|
Info provided by an informant engaged in criminal activity can or cannot be used to build probable cause?
|
Can be used
|
|
When considering P/C, only that info known to officer at the _______ will be considered by the court. Any evidence found after the arrest or during the search will not be admissible to prove P/D.
|
moment of seizure/search
|
|
When considering P/C the court will examine the ___ _ __ surrounding the seizure or detention in order to determine if there were sufficient facts & circumstances present to satisfy the 4th amendment.
|
totality of the circumstances
|
|
When considering temporary detention, a person is or is not required to identify themselves? (Even when a detention is lawful)
|
Is not required to ID themselves
|
|
Persons who are lawfully detained are or are not under obligation to answer questions posed by officers?
|
Are not required to answer questions
|
|
When considering a frisk the officer must _____________ with regards to that particular person that led the officer to believe that the frisk was necessary to insure the officer's safety & safety of others.
|
articulate the facts, observations, & info known at that particular point in time
|
|
3 areas that fall under the doctrine of a search incident to a lawful arrest are:
|
1. A person under arrest
2. Area immediately around the person arrested 3. Passenger compartment of a motor vehicle in which arrested person or recent occupant was |
|
In order for the search incident to lawful arrest to pass constitutional scrutiny, what 2 elements are required?
|
1. Arrest must be lawful
2. Search must be contemporaneous with arrest |
|
The automobile exception has what 2 primary elements:
|
1. A readily mobile motor vehicle
2. P/C to believe the vehicle contains contraband or criminal evidence. |
|
When considering a consent search, once a person grants consent, the person remains in control of the search & may __ _ __ of the consent or __ _ __.
|
limit the scope
revoke it entirely |
|
What is the exception to the warrant requirement for crime scenes?
|
Trick question: There is none!
|
|
Officers may enter without a warrant to ______ to an occupant or ______.
|
render emergency assistance
protect occupant from serious injury |
|
Officers who have P/C to believe a person has hidden contraband in his home may ________ while they obtain a search warrant.
|
prevent that person from entering the home
|
|
The 2 prerequisites of the plain view exception are:
|
1. Officer must be lawfully present to see what she sees
2. Must be immediately apparent (P/C) to the oficer that what she is seeing is contraband or somehow connected with criminal activity. |
|
In Tx, if an officer executes a warant issued by a neutral magistrate, & it is later discovered there was ____, the fruits of the execution of the warrant will be ____, even if the executing officer knew nothing of the deficiencies.
|
insufficient P/C in the supporting affadavit
suppressed |
|
3 exceptions to executing an arrest warrant in a 3rd party's residence without an arrest warrant are:
|
1. Reason to believe suspect lives at 3rd party residence
2. Consent 3. Exigency |
|
Factors courts consider in determining whether exigent circumstances exist include what 3 things?
|
1. Seriousness of the crime
2. Whether a delay would pose a threat to public safety 3. Whether evidence of a crime would be destroyed if there is a delay in obtaining a warrant. |
|
Any seasoned officer can recite Miranda from memory. Each of these 4 statements must be given to a suspect prior to any custodial interrogation. Failure to do so could result in inadmissability or suppression of evidence stemming from the interrogation. Recite Miranda.
|
You have a right to remain silent; anything you say can be used against you in a court of law; you have the right to the presence of an attorney; and if you can't afford an attorney one will be appointed for you prior to any questioning if you so desire.
|
|
Key issue in providing constitutional protections under Miranda is when ______.
|
custodial interrogation begins
|
|
A custodial interrogation is generally defined as _____.
|
Any questioning initiated by police officers after a person has been taken into custody or otherwise deprived of their freedom in any significant way.
|
|
Custodial interrogation does not involve the officers general questioning a the scene of an incident as to ______ or other general questioning of individuals during the fact finding process.
|
facts surrounding the crime
|
|
Determining whether a person is in custody isn't as simple as looking at a chart. This is certainly true when motorists are arrested on the roadside, perhaps as a result of field sobriety testing or other investigation of criminal activity. Generally, motorists are not free to leave while police officers are ___ or ___ or other law enforcment activities.
|
issuing citations
performing field sobriety tests |
|
As a general rule, Miranda warnings are not required when a person is questioned during a routine traffic stop or Terry stop. A __ ___-- incident to a traffic stop or general on-the-scene investigation--normally doesn't trigger the Miranda protections. There's no requirement that Miranda warnings be issued immediately after a motorist is arested for DUI in the event they __________.
|
temporary detention
blurt something out on the way to the station |
|
________ statements made during traffic stops are admissible evidence.
|
Voluntary
|
|
When a passenger in a vehicle subjected to a traffic stop is asked questions by an officer prior to conducting a pat-down search after they are ordered out of the vehicle by at least 5 officers at gunpoint, told to lie on the ground & then handcuffed, the passenger will be deemed to be _______ for the purposes of Miranda.
|
In custody
|
|
When officers make a stop & order subjects out of vehicle by 5 officers at gunpoint & have subject lie on ground and get handcuffed, they have legally "____" the driver, albeit temporarily.
|
seized
|
|
Evidence obtained during an unlawful traffic stop--one not based on ____, may be subject to a _____ at a hearing brought forth by the driver.
|
R/S
motion to suppress |
|
If police officers responding to a call at a residence have an __ __ basis for believing an occupant is __ __ or __ threatened with __ __, they may enter the residence without a warrant. Will not violate 4th amendment.
|
objectively reasonable
seriously injured such injury |
|
If you are confronted at the door with one occupant who consents to search the residence, & the other occupant is sleeping on the couch next to the door & is not involved in any discussion for consent to search, do you or do you not have valid consent to search?
|
You do have valid consent, and do not have to wake other occupant up.
|
|
The phrase "__ __ of a charging instrument" denotes that in ascertaining the legal significance & consequences of the document, the parties & the court can only examine its language & all matters encompassed within it. Extraneous info that does not appear in it cannot be evaluated.
|
Four corners
|
|
What 3 things are considered charging instruments in Tx?
|
1. Indictment
2. Information 3. Complaint |