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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