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11 Cards in this Set
- Front
- Back
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Under Texas statute, what warrantless arrests are valid with probable cause? (7)
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1. suspect has committed FELONY and is about to escape
2. suspect committed offense within PRESENCE or VIEW of arresting officer 3. suspect found in SUSPICIOUS PLACE with probable cause to commit felony or misdemeanor involving BREACH OF THE PEACE 4. suspect found in possession of STOLEN PROPERTY 5. suspect violates a family court order against FAMILY VIOLENCE 6. suspect ASSAULTS another and reasonable suspicion of FURTHER INJURY to the victim 7. suspect ASSAULTS and INJURES family or household member |
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Texas requirements for arrest warrants: (5)
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1. written order by magistrate
2. name of offender or a reasonable discription 3. nature of offense, e.g. murder 4. signed and dated by magistrate; and 5. office of magistrate stated, e.g. Judge, Criminal District Court No. 230, Harris Co., TX |
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What is the Texas good faith exception to defective warrants?
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Where a defective warrant has been issued by a magistrate and the warrant is based on PROBABLE CAUSE, if the executing officer OBJECTIVELY believes in GOOD FAITH that the warrant is valid, the evidence is admissible.
DOES NOT apply unless PC exists for warrant. |
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In Texas, what remedy does a defendant have to challenge a judge's finding that a confession is voluntary?
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The defendant may challenge the voluntariness of a confession even though the trial court has found the confession to be voluntary.
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What are the requirements of the Texas confession statute for written confessions?
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No written statement or confession by a defendant as a result of a custodial interrogation is admissible unless it is shown, on the FACE OF THE DOCUMENT:
1. the defendant was given proper Miranda warnings; and 2. the defendant, prior to and during the making of the statement, Knowingly, Intelligently, and Voluntarily waived his rights; and 3. the confession is HANDWRITTEN by the defendant or SIGNED by the defendant. |
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Can DA compel defendant to appear before grand jury, and what are defendant's rights?
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DA can compel defendant to appear as suspect witness.
Rights: 1. Right to not self-incriminate 2. Right to notice of offense defendant is under suspicion 3. Right to counsel outside grand jury 4. Right to confer with counsel before answering questions 5. Right to extensive oral and written warnings 6. Right to have questions recorded |
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What is procedure for challenging indictment, when must it be brought, and what are the consequences of not asserting a challenge?
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Defendant must motion to quash indictment.
Motion must be filed before the day trial begins. If defect is not raised, it is waived at trial, on post-conviction appeal, and habeas corpus. |
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Is defendant entitled to pre-trial discovery of police reports? Written statements of witnesses?
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No. Both police reports and written statements of witnesses are work product, as they are the product of the state's investigators.
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Is defendant entitled to pre-trial discovery of the report of doctor who treated victim?
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No, unless the report contains exculpatory evidence or defendant can show good cause. Because report is in possession of prosecution, judge has discretion as to whether report is material to defendant's case.
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Is defendant entitled to a written summary of defendant's post-arrest oral admission?
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No, if summary does not constitute or contain material evidence. Summary would be work product of prosecutors or investigators.
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Is defendant entitled to pre-trial discovery of all grand jury testimony?
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No, unless defendant shows "particularized need" for testimony.
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