Clear Manuals for Search with and without a warrant

Question 1

EIGHT EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT:

Answer 1

1. INVENTORY
2. INCIDENT TO LAWFUL ARREST
3. BORDER/AIRPORT CHECK POINTS
4. AUTOMOBILES
5. CONSENT
6. ADMINISTRATIVE
7. EMERGENCY
8. PROTECTIVE (TERRY PAT)

Question 2

“SEARCH” MEANS:

Answer 2

AN INTRUSION INTO AN AREA COVERED BY A REASONABLE EXPECTATION OF PRIVACY.

Question 3

“SEIZURE” MEANS:

Answer 3

AN INTERFERENCE WITH A PERSON’S POSSESSORY INTEREST IN PROPERTY.

Question 4

SEARCH - TWO PRONG TEST:

Answer 4

1. DID DEFENDANT SHOW OR ACT AS THOUGH THEY BELIEVED AREA WAS
   PRIVATE?
2. WOULD REASONABLE PERSON HAVE SAME BELIEF?

Question 5

AREAS COVERED BY REASONABLE EXPECTATION OF PRIVACY:

Answer 5

NUMBERS DIALED FROM A PHONE;
A HOUSE AND THE AREA CLOSE TO IT;
A PURSE, WALLET, OR SUITCASE;
A BOX OR ENVELOPE;
A CAR, VAN, MOTORHOME, OR R.V.;
A DESK AND PRIVATE OFFICE;
A PRIVATE DRESSING ROOM IN A CLUB;
A BATHROOM STALL;
A TELEPHONE BOOTH;
A PERSON'S BODY INCLUDING BLOOD;
A BACKPACK OR KNAPSACK;
A HOTEL ROOM;
A DIARY OR PERSONAL LETTER;
A GUEST IN A HOTEL ROOM;
A SINGER'S DRESSING ROOM;
A PASSENGER AREA OF A TAXICAB;
A GREENHOUSE; AND
A VIDEO BOOTH IN AN ADULT BOOKSTORE

Question 6

AREAS NOT COVERED BY A REASONABLE EXPECTION OF PRIVACY:

Answer 6

GARBAGE LEFT A CURB FOR PICKUP;
A PHOTO OF PERSON’S WOUNDS OR INJURIES;
A PUBLIC WAITING ROOM OF A DOCTOR’S OFFICE;
THE COMMON AREA WHERE THE PUBLIC MAY GO SUCH AS HALLWAYS, PARKING LOTS, ETC.;
A PERSON’S FACIAL APPEARANCE;
A HOTEL AFTER TIME IS UP;
AN AUTOMOBILE VIN;
BANK ACCOUNT INFORMATION VOLUNTARILY GIVEN TO BANK;
A PUBLIC STREET, BUILDING, OR AREA;
A DRESSING ROOM OF A DEPAR781192102.456789TMENT STORE IF STORE NOTIFIES ITS UNDER
SURVEILLANCE;
A MONITORING BEEPER IN CHEMICALS USED TO MAKE DRUGS;
A PRISON CELL;
PHOTOGRAPHIC FILM DURING PROCESSING WHEN LEFT FOR DEVELOPMENT;
GARAGE WITH WINDOWS ON PUBLIC PATHWAY TO HOUSE;

Question 7

THREE SITUATIONS WHERE NO SEARCH OCCURS:

Answer 7

1. PLAIN VIEW OR PLAIN TOUCH
2. PUBLIC SCENT
3. ABANDONMENT

Question 8

“STANDING” MEANS:

Answer 8

THE RIGHT OF A PERSON TO “COMPLAIN” AT TRIAL ABOUT AN IMPROPER SEARCH

Question 9

WHICH CONTROLS, THE DESCRIPTION IN THE AFFIDAVIT OR THE SEARCH WARRANT?

Answer 9

AFFIDAVIT

Question 10

WHAT FOUR THINGS MUST ALWAYS BE IN A SEARCH WARRANT?

Answer 10

1. RUN IN THE NAME OF “THE STATE OF TEXAS”
2. DESCRIBE THE PROPERTY TO BE TAKEN AND THE PERSON, PLACE OR THING
   SEARCHED
3. MUST COMMAND A PEACE OFFICER
4. MUST BE SIGNED AND DATED BY THE MAGISTRATE
   (PLACE WHERE SIGNATURE GOES IS THE “JURAT”)

Question 11

WHAT ARE THE GEOGRAPHIC BOUNDARIES FOR AN ARREST WARRANT?

Answer 11

THE ENTIRE STATE

Question 12

IS THERE A GEOGRAPHICAL AUTHORITY ISSUE FOR SEARCH WARRANTS?

Answer 12

YES - ISSUING JUDGE SHOULD HAVE JURISDICTION OVER AREA TO BE SEARCHED

Question 13

THE FOLLOWING JUDGES HAVE STATE-WIDE JURISDICTION:

Answer 13

SUPREME COURT
COURT OF CRIMINAL APPEALS
COURT OF APPEALS
STATE DISTRICT JUDGES

Question 14

THE THREE PARTS OF THE AGUILLAR-SPINELLI TEST ARE:

Answer 14

1. VERACITY;
2. BASIS OF KNOWLEDGE; AND
3. STALENESS

Question 15

PROBABLE CAUSE IS NOT PROOF BEYOND A REASONABLE DOUBT:

Answer 15

TRUE

Question 16

THE “FOUR CORNERS RULE” MEANS:

Answer 16

ONLY THE INFORMATION CONTAINED IN THE AFFIDAVIT WILL BE CONSIDERED IN FINDING PROBABLE CAUSE.

Question 17

“INCORPORATED BY REFERENCE” MEANS:

Answer 17

ALLOWS OFFICERS TO INCLUDE DOCUMENTS, PHOTOGRAPHS, ETC., WITHOUT RECOPYING THEM INTO THE AFFIDAVIT FOR PROBABLE CAUSE - WILL BE INCLUDED IN THE FOUR CORNERS RULE

Question 18

HEARSAY AND DOUBLE HEARSAY EVIDENCE CAN BE USED TO ESTABLISH PROBABLE CAUSE FOR A SEARCH WARRANT:

Answer 18

TRUE - HEARSAY IS ONLY A RULE AT TRIAL.

Question 19

USE OF ANONYMOUS INFORMATION TO ESTABLISH PROBABLE CAUSE:

Answer 19

YES - BUT STANDING ALONE IT WILL NEVER BE SUFFICIENT, OFFICER MUST CORROBORATE THE INFORMATION.

Question 20

“NEXUS” MEANS:

Answer 20

ENOUGH FACTS TO CONNECT THE THING SOUGHT IS IN THE PLACE TO BE SEARCHED

Question 21

“VERACITY TEST” MEANS:

Answer 21

REASONS WHY THE PERSON GIVING THE INFORMATION IS A BELIEVABLE AND RELIABLE PERSON

Question 22

“BASIS OF KNOWLEDGE TEST” MEANS:

Answer 22

HOW DID THIS PERSON OBTAIN HIS KNOWLEDGE OF THE EVIDENCE?

Question 23

“STALENESS TEST” MEANS:

Answer 23

THE TIMEFRAME BETWEEN WHEN THE PERSON OBTAINED THE EVIDENCE AND WHEN THE WARRANT WAS OBTAINED SO THAT EVIDENCE WILL STILL BE IN THE PLACE TO BE SEARCHED.

Question 24

THE NAME OF THE PERSON WHO OWNS THE PLACE TO BE SEARCHED DOES NOT HAVE TO BE INCLUDED IN THE SEARCH WARRANT:

Answer 24

TRUE

Question 25

A SEARCH WARRANT IS EXECUTED WHEN:

Answer 25

1. GOES TO THE PLACE LISTED IN THE WARRANT;
2. SEARCHES FOR PROPERTY DESCRIBED IN THE WARRANT;
3. MAKES A LIST OF THE PROPERTY THE OFFICER WANTS TO TAKE; AND
4. TAKES THE PROPERTY BACK TO POLICE HEADQUARTERS.

Question 26

RULES COVERING THE EXECUTION OF A SEARCH WARRANT:

Answer 26

1. MUST BE EXECUTED WITHOUT DELAY AND BROUGHT BACK TO THE MAGISTRATE;
2. THE OWNER OF PERSON IN POSSESSION OF THE PLACE MUST BE GIVEN A COPY OF THE SEARCH WARRANT.
3. THE OFFICER MUST MAKE A COPY OF AN INVENTORY OF PROPERTY TAKEN AND GIVE IT TO THE OWNER OR PERSON IN POSSESSION OF THE PROPERTY.
4. IF NO ONE IS PRESENT THEN A COPY OF THE WARRANT AND INVENTORY MUST BE LEFT AT THE PLACE.

Question 27

EVIDENCE FOUND CAN BE TAKEN OUT OF THE COUNTY WHERE IS WAS SEIZED:

Answer 27

TRUE - IF IT IS APPROVED BY COURT ORDER OR IT IS EVIDENCE SUBMITTED TO A POLICE LAB FOR TESTING.

Question 28

“CURTILAGE” MEANS:

Answer 28

AREA OF LAND NEXT TO THE HOUSE WHERE ACTIVITIES OF HOME LIFE EXTEND, INCLUDING A CARPORT, CHICKEN COUP, DOG HOUSE, PATIO, AND VEHICLES

Question 29

THE “EXCLUSIONARY RULE” MEANS:

Answer 29

EVIDENCE OBTAINED BY AN ILLEGAL SEARCH WILL BE EXCLUDED AT TRIAL.

Question 30

“FRUITS OF THE POISONOUS TREE DOCTRINE” MEANS:

Answer 30

IF EVIDENCE FOUND DURING AN ILLEGAL SEARCH LEADS TO OTHER EVIDENCE, THAT OTHER EVIDENCE MAY NOT BE USED AT TRIAL

Question 31

“GOOD FAITH” EXCEPTION DEFINED:

Answer 31

ALLOWS EVIDENCE TO BE ADMITTED ONLY WHEN THE OFFICER HAS A WARRANT ISSUED FOR PROBABLE CAUSE EVEN THOUGH SOME DEFECT EXISTS WITH THE WARRANT; IS NOT “INEVITABLE DISCOVERY”.

Question 32

“IN CAMERA HEARING” MEANS:

Answer 32

WHEN A JUDGE ORDERS THE OFFICER TO IDENTIFY AN INFORMER, THE JUDGE MAY DO SO “IN CAMERA” WITH ONLY THE JUDGE AND OFFICER PRESENT

Question 33

COURTS FINDINGS FOR “ENOUGH FACTS” TO SUPPORT PROBABLE CAUSE:

Answer 33

1) WHEN THE FACTS AND CIRCUMSTANCES WITHIN AN OFFICER’S PERSONAL KNOWLEDGE AND OF WHICH HE OR SHE HAS REASONABLY TRUSTWORTHY INFORMATION ARE SUFFICIENT TO WARRANT A REASONABLE PERSON IN THE BELIEF THAT, MORE LIKELY THAN NOT, EVIDENCE WILL BE FOUND WHERE THE OFFICER WANTS TO SEARCH.
2) MORE THEN BARE SUSPICION: PROBABLE CAUSE EXISTS WHERE THE FACTS AND CIRCUMSTANCES WITHIN THE OFFICERS KNOWLEDGE AND OF WHICH THEY HAD REASONABLY TRUSTWORTHY INFORMATION ARE SUFFICIENT THEMSELVES TO WARRANT A PERSON OF REASONABLE CAUTION IN THE BELIEF THAT EVIDENCE OF A CRIME IS IN THE LOCATION THE OFFICERS WANT TO SEARCH.
3) PROBABLE CAUSE IS A FLEXIBLE, COMMON-SENSE STANDARD. IT MERELY REQUIRES THAT THE FACTS AVAILABLE TO THE OFFICER WOULD WARRANT A PERSON OF REASONABLE CAUTION IN THE BELIEF THAT CERTAIN ITEMS MAY BE CONTRABAND OR STOLEN PROPERTY, OR USEFUL AS EVIDENCE OF A CRIME; IT DOES NOT DEMAND ANY SHOWING THAT SUCH BELIEF BE CORRECT OR MORE LIKELY TRUE THAN FALSE. A PRACTICAL, NON-TECHNICAL PROBABILITY THAT INCRIMINATING EVIDENCE IS INVOLVED IS ALL THAT IS REQUIRED.
4) PROBABLE CAUSE IS THE SUM TOTAL OF LAYERS OF INFORMATION AND THE SYNTHESIS OF WHAT POLICE HAVE HEARD, WHAT THEY KNOW, AND WHAT THEY OBSERVED AS TRAINED OFFICERS. EACH INDIVIDUAL LAYER OF INFORMATION IS NOT TO BE WEIGHED. RATHER THE LAMINATED TOTAL OF THE FACTS AVAILABLE IS THE SOURCE OF THE JUSTIFICATION FOR A SEARCH.

Question 34

A “REASONABLE” SEARCH HAS TWO PARTS:

Answer 34

1. OFFICER MUST HAVE PROBABLE CAUSE; AND

2. OFFICER MUST HAVE SEARCH WARRANT OR GOOD REASON FOR NOT HAVING ONE

Question 35

“PLAIN VIEW, TOUCH, OR PUBLIC SCENT DOCTRINES” MEANS:

Answer 35

OFFICER HAS TO BE IN PUBLIC PLACE OR RIGHT TO BE WHERE HE IS; AND PROPERTY MUST BE “IMMEDIATELY APPARENT” AS EVIDENCE OF A CRIME OR CONTRABAND; VISUAL AIDS MAY BE USED - IE. FLASHLIGHTS, BINOCULARS, ETC.

Question 36

EXAMPLES OF BAD PLAIN VIEW SEIZURES:

Answer 36

1. OFFICERS ENTER APARTMENT TO SEARCH FOR SHOOTER, VICTIMS, OR WEAPONS AND SEE STEREO EQUIPMENT - BELIEVE MAY BE STOLEN AND WRITE DOWN SERIAL NUMBERS; OFFICERS MOVE SOME EQUIPMENT TO GET TO SERIAL NUMBERS. MOVING THE EQUIPMENT MADE SEARCH INVALID.
   
   2. OFFICERS WENT TO HOUSE AND WERE REFUSED CONSENT TO SEARCH - OFFICER WALKED TO DETACHED GARAGE PAST THE HOUSE AND FOUND EVIDENCE; GARAGE WAS OFF OF PUBLIC PATH TO HOUSE. DEVIATING FROM PUBLIC PATH MADE SEARCH INVALID.
   3. OFFICER STOPPED TRUCK AND ASKED FOR DL - SAW STOCK OF FIREARM IN CAB AND CONDUCTED SEARCH; NO CONNECTION BETWEEN WEAPON AND CRIMINAL ACTIVITY MADE SEARCH INVALID.
   4. POLICE SUMMONED TO APARTMENT BY MANAGER FOR FIGHT AND POSSIBLE DAMAGE TO UNIT - NO DAMAGE FOUND; POLICE FOUND BACKPACK IN APARTMENT, CALLED OWNER, AND FOUND TO BE STOLEN; STOLEN ITEMS NOT “IMMEDIATELY APPARENT” AS EVIDENCE OF A CRIME MADE SEARCH INVALID.
   5. DURING “TERRY FRISK”, OFFICER FEELS SOMETHING THAT RATTLED LIKE PAPER IN DEFENDANT’S POCKET - REMOVED AND FOUND TO CONTAIN HEROIN; PAPER NOT “IMMEDIATELY APPARENT” AS CONTRABAND MADE SEARCH INVALID.

Question 37

EXAMPLES OF GOOD PLAIN VIEW SEIZURES:

Answer 37

1. OFFICER ALMOST RAN OVER DEFENDANT IN ALLEY - CHECKED CONDITION AND ARRESTED FOR INTOXICATION; SEIZED DRUGS FROM CIGARETTE PACK; HAD RIGHT TO BE WHERE HE WAS AND DRUGS “IMMEDIATELY APPARENT” AS CONTRABAND.
   
   2. DURING TRAFFIC STOP, OFFICER PERFORMS “TERRY FRISK” - FEELS TUBULAR OBJECT “IMMEDIATELY APPARENT” AS CRACK PIPE.

Question 38

“ABANDONMENT” MEANS:

Answer 38

PERSON GIVES UP HIS EXPECTATION OF PRIVACY IN SOMETHING; AND

1. THE PERSON INTENDS TO ABANDON THE PROPERTY (IE. NOT LOST IT); AND
2. THE ABANDONMENT MUST NOT BE MADE BECAUSE OF POLICE MISCONDUCT

Question 39

BAD ABANDONMENT:

Answer 39

OFFICER STOPPED PEDESTRIAN WITHOUT REASONABLE SUSPICION OR PROBABLE CAUSE FOR THE INVESTIGATIVE DETENTION - PERSON THREW DRUGS DOWN; ILLEGAL STOP MADE ABANDONMENT INVOLUNTARY.

Question 40

GOOD ABANDONMENT:

Answer 40

OFFICER SEES PERSON CARRY 5 SUITCASES TO BUS STATION - OFFICER APPROACHES AND REQUEST TO TALK TO PERSON - PERSON DENIES KNOWLEDGE OR OWNERSHIP OF THE SUITCASES; VALID ABANDONMENT.

Question 41

“POLICE - CITIZEN ENCOUNTERS” MEANS:

Answer 41

POLICE ENCOUNTERS A CITIZEN AND THE CITIZEN IS ENTIRELY FREE TO LEAVE AND A REASONABLE PERSON WOULD FEEL FREE TO LEAVE. (IE. - BRIEF ACCELERATION TO CATCH UP TO A PERSON AND A SHORT DRIVE ALONGSIDE HIM)

Question 42

A PERSON IS SEIZED WHEN:

Answer 42

1. HE IS PLACED UNDER RESTRAINT;
2. YIELDS TO OFFICIAL SHOW OF AUTHORITY (HALT); OR
   
   3. IN A CONFINED AREA AND DOES NOT WANT TO LEAVE AND DOES NOT FEEL FREE TO TURN DOWN AN OFFICER’S REQUEST OR ANSWER QUESTIONS (IE. A BUS OR PLANE DURING DRUG CHECK)

Question 43

SITUATIONS CONSIDERED ARRESTS, NOT DETENTIONS:

Answer 43

1. OFFICER BLOCKED PERSONS CAR, ORDERED OUT AT GUNPOINT, TOLD TO LIE ON THE GROUND; COURT RULED PERSON WAS ARRESTED.
   
   2. OFFICER STOPPED PERSON, TOLD TO LIE ON THE GROUND, AND HANDCUFFED HIM; COURT RULED PERSON WAS ARRESTED.

Question 44

THE TWO TYPES OF SEIZURES:

Answer 44

PERSONS AND PROPERTY

Question 45

THE RESULT OF THE HEITMAN V. STATE DECISION MEANS:

Answer 45

IT MEANS THERE ARE TWO SETS OF RULES TEXAS PEACE OFFICERS MUST FOLLOW AND THAT FEDERAL RIGHTS ARE MINIMUM RIGHTS AND THAT TEXAS COURTS CAN GIVE CITIZENS MORE RIGHTS.

Question 46

AREAS AN OFFICER MAY SEARCH INCIDENT TO A LAWFUL ARREST:

Answer 46

THE PERSON, ANY AREA WITHIN HIS GRASP, OR ANY AREA UNDER HIS IMMEDIATE CONTROL INCLUDING AREA OF THE CAR WHERE PERSON WAS SITTING BEFORE ARREST AND A ROOM WHERE THE PERSON IS AS A PRECAUTION AGAINST ATTACK

Question 47

REQUIREMENTS FOR A VALID INVENTORY SEARCH:

Answer 47

1. THE ARREST MUST BE LEGAL;
2. THE LAW ENFORCEMENT AGENCY MUST HAVE A POLICY
3. FORCE CANNOT BE USED TO OPEN CONTAINERS; AND
4. THERE CAN BE NO ALTERNATIVE TO IMPOUNDMENT

Question 48

True or False

OFFICERS CAN SEARCH CONTAINER DURING AN INVENTORY SEARCH:

Answer 48

TRUE - AS LONG AS NO FORCE IS USED TO OPEN THEM

Question 49

EXAMPLES OF “EMERGENCY” SEARCHES:

Answer 49

OFFICERS ARE FEAR A PERSONS LIFE IS IN DANGER OR THAT EVIDENCE IS IN IMMINENT DANGER OF DESTRUCTION

Question 50

FIVE FACTORS RELEVENT TO THE EMERGENCY DESTRUCTION OF EVIDENCE EXCEPTION:

Answer 50

1. THE DEGREE OF URGENCY AND AMOUNT OF TIME TO OBTAIN A WARRANT;
2. OFFICER’S REASONABLE BELIEF EVIDENCE IS ABOUT TO BE DESTROYED;
3. POSSIBILITY OF DANGER TO OFFICERS GUARDING PLACE WHILE OBTAINING A WARRANT;
4. INFORMATION SHOWING PERSON IS AWARE OF OFFICERS PURSUIT; AND
5. THE DESTRUCTIBILITY OF THE EVIDENCE.

Question 51

OFFICERS CAN SEARCH A CAR WITHOUT A WARRANT:

Answer 51

TRUE - WITH PROBABLE CAUSE, BECAUSE CARS ARE SO EASILY MOVED

Question 52

REQUIREMENTS FOR A VALID CONSENT SEARCH:

Answer 52

CONSENT MUST BE FREELY AND VOLUNTARILY GIVEN AND THE PERSON GIVING CONSENT MUST HAVE CONTROL OVER THE THING TO BE SEARCHED.

Question 53

THIRD PARTY CONSENT IS VALID IN TEXAS:

Answer 53

TRUE - IF THIRD PARTY HAS EQUAL AUTHORITY OVER PREMISES TO BE SEARCHED; UNDER FEDERAL LAW IF OFFICER REASONABLY BELIEVES THIRD PARTY COULD CONSENT THEN SEARCH IS GOOD EVEN IF PROVEN THIRD PARTY DID NOT HAVE AUTHORITY TO CONSENT - NOT SO IN TEXAS

Question 54

THE “TERRY STOP” EXCEPTION:

Answer 54

AN OFFICER DETAINS A PERSON UNDER SUSPICIOUS CIRCUMSTANCES TO DETERMINE IF A CRIME IS BEING COMMITTED ( INVESTIGATIVE STOP ) AND MUST SHOW:

1. SOME ACTIVITY OUT OF THE ORDINARY IS OCCURRING OR HAS OCCURRED;
2. THE SUSPECT IS CONNECTED WITH THE SUSPICIOUS ACTIVITY; AND
3. THE SUSPICIOUS ACTIVITY IS RELATED TO A CRIME

Question 55

EXAMPLES OF GOOD “TERRY STOPS”:

Answer 55

1) THE US SUPREME COURT TERMED THIS A “CLOSE CASE.” POLICE RECEIVED AN ANONYMOUS TIP THAT THE DEFENDANT WOULD LEAVE A CERTAIN APARTMENT AT A PARTICULAR TIME IN A BROWN PLYMOUTH STATION WAGON WITH A BROKEN TAILLIGHT AND GO TO A CERTAIN MOTEL. SHE WOULD BE CARRYING AN ATTACHÉ CASE CONTAINING COCAINE. POLICE WENT TO THE APARTMENT, SAW THE CAR, WHICH THE DEFENDANT GOT INTO, AND FOLLOWED IT TO THE MOTEL. THEY STOPPED THE CAR AND WITH THE DRIVER’S CONSENT, SEARCHED AN ATTACHÉ CASE, FINDING MARIJUANA. THE ANONYMOUS TIP WOULD NOT ALONE BE SUFFICIENT TO JUSTIFY THE STOP. WITH CORROBORATION, HOWEVER, THERE WERE ENOUGH FACTS UNDER THE TOTALITY OF THE CIRCUMSTANCES TO JUSTIFY THE STOP. ALSO, THE INFORMATION PROVIDED BY THE INFORMER WOULD NOT BE GENERALLY KNOWN.

Question 56

EXAMPLES OF GOOD “TERRY STOPS”:

Answer 56

2) OFFICERS STOPPED THE DEFENDANT BASED ON A “WANTED FLYER”.
3) THE DEFENDANT AND HIS COMPANIONS ACTED IN AN UNUSUAL MANNER WHILE LEAVING AN AIRPLANE TICKET COUNTER. ONE PERSON WAS OVERHEARD URGING THE OTHERS TO “GET OUT OF HERE”. ONE MADE STRANGE MOVEMENTS. WHEN STOPPED THE PERSONS GAVE CONTRADICTORY STATEMENTS.
4) POLICE FOUND DISTINCTIVE FOOTPRINTS LEADING TO A HIGHWAY USED BY ILLEGAL ALIENS. THEY SAW THE DEFENDANT DRIVE A TRUCK TO THE SUSPECTED PICK-UP SITE. A PASSENGER WAS FOUND WEARING SHOES WITH THE SAME DISTINCTIVE FOOTPRINT.

Question 57

EXAMPLES OF GOOD “TERRY STOPS”:

Answer 57

5) OFFICERS SET UP A DWI ROADBLOCK IN 1988. THE DEFENDANT APPROACHED THE ROADBLOCK, THEN MADE A LEFT TURN PRIOR TO THE ROADBLOCK WHILE ACCELERATING. AS OFFICERS PURSUED THE DEFENDANT, THEY SAW HIM RUN A STOP SIGN AND WEAVE ON THE ROADWAY. AFTER THE STOP, FACTS DEVELOPED SHOWING PROBABLE CAUSE TO BELIEVE THE DEFENDANT WAS DWI.

Question 58

EXAMPLES OF GOOD “TERRY STOPS”:

Answer 58

6) AN UNIDENTIFIED CITIZEN APPROACHED A POLICE OFFICER, POINTED TO A CAR, AND TOLD THE OFFICER THAT THE DRIVER APPEARED TO BE EXTREMELY INTOXICATED. THE OFFICER INITIATED A TRAFFIC STOP AND LATER ARRESTED THE DEFENDANT FOR DWI.
7) OFFICERS WERE INFORMED ABOUT AN ARMED ROBBERY, AND WERE GIVEN THE SUSPECTS’ DESCRIPTIONS AND A DESCRIPTION OF THE CAR. EVEN THOUGH THERE WERE DISCREPANCIES BETWEEN THE RADIO DISPATCH DESCRIPTION OF THE CAR AND THE NUMBER OF PEOPLE INVOLVED THE STOP WAS REASONABLE.

Question 59

EXAMPLES OF GOOD “TERRY STOPS”:

Answer 59

8) OFFICER PATROLLING A HIGH-CRIME AREA AT 1:00AM NOTICED TWO BLACK MALES STANDING BY A CAR PARKED IN A PUBLIC PARKING LOT. WHEN THE TWO MALES SAW THE OFFICERS, THEY RAN AWAY. OFFICERS PURSUED THE MEN AND RADIOED IN THE LICENSE PLATE NUMBER OF THE CAR. THE DISPATCH INFORMATION SHOWED “NO RESPONSE” , THAT INDICATED A NEWLY REGISTERED VEHICLE, AN UNREGISTERED VEHICLE, OR AN ALTERED LICENSE PLATE. WHEN THE OFFICER SHINED A FLASH LIGHT INTO THE CAR TO OBTAIN THE VIN, HE SAW CONTRABAND IN PLAIN VIEW.
9) THE DEFENDANT WAS ONE OF THREE MALES STANDING IN FRONT OF AN APARTMENT, AS DESCRIBED IN A POLICE DISPATCH REGARDING POSSIBLE DRUG SALES. THE MEN ATTEMPTED TO FLEE WHEN THEY SAW THE PATROL CAR AND THE DEFENDANT WAS SUSPICIOUSLY WEARING A TRENCH COAT ON A WARM DAY.

Question 60

EXAMPLES OF GOOD “TERRY STOPS”:

Answer 60

10) THE DEFENDANT DEPLANED WITH ANOTHER MAN FROM A FLIGHT FROM MIAMI, A KNOWN DRUG SOURCE CITY. BOTH MEN SCANNED THE LOUNGE ARE OF THE AIRPORT BEFORE WALKING TO THE MONITOR AND APPEARED NERVOUS. THE DEFENDANT LIED ABOUT ARRIVING IN HOUSTON ON A FLIGHT FROM MIAMI AND ABOUT TRAVELING WITH THE OTHER MAN. ALSO THE DEFENDANT WAS NERVOUS WHEN HE PRODUCED IDENTIFICATION. THE OFFICERS INITIAL QUESTIONING DID NOT CONSTITUTE A STOP BECAUSE “POLICE ARE AS FREE AS ANYONE TO ASK QUESTIONS OF THEIR FELLOW CITIZENS.” THE DEFENDANT WAS OFFICIALLY STOPPED WHEN THE OFFICER ASKED FOR CONSENT TO SEARCH THE DEFENDANT’S LUGGAGE.

Question 61

EXAMPLES OF BAD “TERRY STOPS”:

Answer 61

1) OFFICERS HAD A COMBINATION SEARCH AND ARREST WARRANT THAT ALLOWED ENTRY INTO PREMISES TO SEARCH FOR AND SEIZE MARIJUANA. EACH PERSON DESCRIBED AND ACCUSED IN THE AFFIDAVIT COULD BE ARRESTED. ALTHOUGH THE DEFENDANT WAS PRESENT WHEN POLICE EXECUTED THE WARRANT, THE WARRANT DID NOT LIST HIM AS A PERSON SUBJECT TO BE SEARCHED. THE COURT NOTED THAT THE DEFENDANT’S ACTIONS IN WARNING THE OTHER PEOPLE IN THE HOUSE THAT THE POLICE WERE PRESENT WAS NOT PURELY INDICATIVE OF CRIMINAL CONDUCT, AND A TERRY STOP OR DETENTION WAS NOT JUSTIFIED SIMPLY BECAUSE THE PERSONS WERE IN A CRACK HOUSE DURING A SEARCH.

Question 62

EXAMPLES OF BAD “TERRY STOPS”:

Answer 62

2) A DEA AGENT SAW THE DEFENDANT OCCASIONALLY LOOK BACKWARD IN THE DIRECTION OF A SECOND MAN WHO CARRIED A SHOULDER BAG SIMILAR TO THE DEFENDANT’S. THE DEFENDANT REACHED THE MAIN LOBBY OF THE TERMINAL AND SPOKE BRIEFLY WITH THE SECOND MAN.
3) THE DEFENDANT WAS SEEN TALKING TO KNOWN NARCOTICS ADDICTS.

Question 63

EXAMPLES OF BAD “TERRY STOPS”:

Answer 63

4) OFFICERS SAW THE DEFENDANT’S PICK-UP TRUCK PARKED NEXT TO A CONVENIENCE STORE OFF A HIGHWAY. THE STORE WAS CLOSED AND NO OTHER VEHICLES WERE NEAR THE TRUCK. THE DEFENDANT WALKED TOWARD THE TRUCK, GOT INSIDE, AND LEFT THE PARKING LOT. HE STOPPED WHEN THE OFFICERS FOLLOWED AND ACTIVATED THEIR LIGHTS. THE DEFENDANT’S PRESENCE IN THE PARKING LOT, EVEN THOUGH THE STORE WAS CLOSED, DID NOT INDICATE CRIMINAL ACTIVITY AND WAS CONSISTENT WITH INNOCENT ACTIVITY.

Question 64

EXAMPLES OF BAD “TERRY STOPS”:

Answer 64

5) TWO DPS OFFICERS WERE PATROLLING AN INTERSTATE HIGHWAY USING MOVING RADAR. THE DEFENDANT DROVE PAST THEM AT 65 MPH, THEN SLOWED TO 45 MPH AND DRIVE AT THAT SPEED FOR NEARLY A MILE, BEFORE THE OFFICER STOPPED HIM. ONE OFFICER SHINED HIS LIGHT INTO THE DEFENDANT’S CAR AND NOTICED A HALF-BURNED MARIJUANA CIGARETTE IN THE ASHTRAY. THE OFFICER OBTAINED THE DEFENDANT’S PERMISSION TO SEARCH THE CAR AND FOUND COCAINE AND MARIJUANA.

Question 65

EXAMPLES OF BAD “TERRY STOPS”:

Answer 65

6) OFFICER RECEIVED AN ANONYMOUS TELEPHONE CALL FROM A FEMALE WHO SID SHE SAW A MAN SITTING IN A RED PICKUP TRUCK PARKED AT A SHOPPING CENTER GIVE A PLASTIC BAG TO ANOTHER PERSON IN EXCHANGE FOR CASH. THE CALLER DID NOT SEE THE CONTENTS OF THE BAG OR KNOW THE AMOUNT OF MONEY INVOLVED. SHE SAW OTHER PLASTIC BAGS IN A BRIEFCASE AND SUSPECTED THE MAN WAS SELLING DRUGS. OFFICERS WENT TO THE SCENE, FOUND THE DESCRIBED PICKUP TRUCK, ORDERED THE DEFENDANT TO EXIT THE TRUCK, THEN FRISKED THE DEFENDANT. THEY FOUND NOT DRUGS OR WEAPONS ON THE DEFENDANT’S PERSON. ONE OFFICER LOOKED INSIDE THE TRUCK AND SAW WHAT HE BELIEVED WAS AN ILLEGAL KNIFE. THEY ARRESTED THE DEFENDANT FOR UCW, AND FOUND GUNS, CASH, AND MARIJUANA WHEN THEY SEARCHED THE TRUCK INCIDENT TO THE DEFENDANT’S ARREST.

Question 66

EXAMPLES OF BAD “TERRY STOPS”:

Answer 66

7) A RELIABLE INFORMER TOLD OFFICERS THAT THE DEFENDANT WAS SELLING COCAINE WHICH HE STORED IN HIS PICKUP TRUCK. THE OFFICER DRIVE TO THE LOCATION AND SAW MANY PERSONS AROUND THE TRUCK. THE NEXT NIGHT, THE OFFICER SPOKE WITH THE INFORMER AGAIN BUT DID NOT OBTAIN NEW INFORMATION. FOUR HOURS LATER, THE OFFICER SAW THE DEFENDANT IN HIS TRUCK NEAR THE DESCRIBED DRUG TRANSACTION LOCATION. THE OFFICER STOPPED THE DEFENDANT TO INVESTIGATE POSSIBLE DRUG ACTIVITY.

Question 67

EXAMPLES OF BAD “TERRY STOPS”:

Answer 67

8) THE DEFENDANT PURCHASED TICKETS TO CHICAGO AND PAID CASH, LOOKED AROUND THE TRAIN STATION LOBBY, SPOKE A LITTLE WITH HIS COMPANIONS, AND BECAME NERVOUS WHEN INVOLUNTARILY DETAINED BY NARCOTICS OFFICERS.
9) OFFICER IMPROPERLY DETAINED THE DEFENDANT, A DOPE ADDICT, WHO WAS SEEN AT SOME UNSPECIFIED TIME IN AN AREA WHERE UNSPECIFIED BURGLARIES HAD BEEN COMMITTED.

Question 68

EXAMPLES OF BAD “TERRY STOPS”:

Answer 68

10) POLICE OBSERVED THE DEFENDANT AND ANOTHER MALE SITTING IN THE CAB OF A PICKUP TRUCK IN THE PARKING LOT OF A RESTAURANT. THE INTERIOR DOME LIGHT WAS ON AND THE TWO MEN WERE ENGAGED IN SOME ACTIVITY CONCENTRATED ON THE SEAT BETWEEN THEM. THE TRUCK PULLED AWAY AS THE OFFICERS ENTERED THE PARKING LOT.

Question 69

EXAMPLES OF BAD “TERRY STOPS”:

Answer 69

11) THE DEFENDANT WAS SEEN IN AN AIRPORT COMING FROM A MIAMI FLIGHT. HIS EYES MET WITH ANOTHER MAN DEPLANING FROM THE SAME FLIGHT. AFTER A BRIEF NOD, THEY PROCEEDED DOWN THE CONCOURSE LOOKING AROUND NERVOUSLY. IN THE BAGGAGE CLAIM AREA, ONE MAN HANDED HIS BAG TO THE OTHER AND WENT TO THE RESTROOM. UPON HIS RETURN THE TWO MEN STARTED TALKING AND JOKING UNTIL A WHITE SUITCASE ARRIVED.

Question 70

EXAMPLES OF BAD “TERRY STOPS”:

Answer 70

12) SWERVING OUTSIDE OF OWN MARKED LANE, WHEN NOT DONE UNSAFELY, IS INVALID REASON FOR STOP.
13) NO FURTIVE GESTURES OR ATTEMPT TO FLEE OR OTHER SUSPICION OF A SUBJECT HAVING A WEAPON DOES NOT JUSTIFY A TERRY FRISK.
14) TRAFFIC STOP BASED SOLELY ON INFORMER TIP IS NOT JUSTIFIED DETENTION.
15) OFFICERS LOOKING FOR SOMEONE STOP SOMEONE NOT MATCHING THAT DESCRIPTION. THE CONTINUED DETENTION IS UNLAWFUL STANDING ALONE.

Question 71

EXAMPLES OF BAD “TERRY STOPS”:

Answer 71

16) ARREST FOR DWI, BASED ON TRAFFIC STOP FOR SUSPICIOUS ACTIVITY NEAR A SHOPPING CENTER IS INVALID DETENTION.
17) OFFICERS GIVEN DESCRIPTION OF A VEHICLE REPORTED TO BE TRAVELING WRONG WAY ON THE HIGHWAY. STOP OF TRUCK MATCHING DESCRIPTION THAT IS NO LONGER VIOLATING LAW IS INVALID IF SOLELY FOR ORIGINAL PURPOSE.

Question 72

THE “TERRY FRISK” EXCEPTION:

Answer 72

IF AN OFFICER HAS ARTICULABLE REASONABLE SUSPICION THAT A PERSON MAY BE ARMED AND DANGEROUS HE MAY PAT HIM DOWN FOR WEAPONS.

Question 73

SCOPE OF A “TERRY FRISK”:

Answer 73

FOR WEAPONS: PAT-DOWN OF PERSON, SEARCH OF PURSE OR OTHER BAG, REACH AREA OF AN AUTOMOBILE, AND AREAS OF A HOUSE FOR PROTECTION FROM ATTACK

Question 74

THE “INEVITABLE DISCOVERY DOCTRINE”:

Answer 74

IF THE GOVERNMENT CAN SHOW THAT EVIDENCE ILLEGALLY OBTAINED WOULD HAVE BEEN DISCOVERED INEVITABLY BY LAWFUL MEANS IS MAY BE ADMITTED. NOT AVAILABLE IN TEXAS

Question 75

THE “SILVER PLATTER DOCTRINE”:

Answer 75

EVIDENCE OBTAINED BY TEXAS PEACE OFFICERS FOLLOWING TEXAS LAW, BUT IN VIOLATION OF FEDERAL LAW MAY BE USED BY FEDERAL OFFICIALS AND VISA VERSA.