Arrest, Search and Seizure - Test 2 Flashcards
A frisk “pat down” of the __________ of a person whom you have stopped.
outer clothing.
A frisk is intended to _______________ of the officer.
WHy do we frisk?
protect the safety.
Protect the safety of the officer
A frisk is permitted anytime an officer is in contact with another person and can articulate ___________________ whenever an officer has reason to believe another has a weapon on or about his that can be used to cause injury or death.
WHo may be frisked ?
reasons that he feared for his safety.
Any body believed to have committed a crime or atemt to comit a crime.
What is the referenced case law that allows us to conduct temporary detentions and conduct limited frisk of detained persons for weapons?
Terry v. Ohio.
When frisking a person, how much of the body may an officer pat down?
Officer may pat down the entire body, but the outside of clothing only.
If an officer detects a ______, the officer may place their hand inside the clothing to retrieve it.
weapon.
In order for an officer to place their hands inside a suspect’s clothing during a frisk, without first feeling a weapon, the officer must be able to articulate that it was _____________ that the item they felt was contraband.
“immediately apparent”.
The referenced case law which allows the frisking of a vehicle is?
Vehicle = traffic= long
Michigan drives a long vehicle
Michigan v. Long.
Weapons found during a frisk can be _____ and _____ made.
seized and arrest.
Which referenced case law allows contraband found during a frisk in which it was immediately apparent (by touch or feel) to the frisking officer that it was contraband that may be admissible at trial?
It was immediately apparent that Minnesota was a Dick
Minnesota v. Dickerson.
How much force may be used to conduct a frisk?
A reasonable amount of force may be used to conduct a frisk.
A _____ is generally defined as an examination or inspection of a location, vehicle, or person by a law enforcement officer for the purpose of locating objects or substances relating to or believed to relate to criminal activity.
Search.
_______ is defined as anything to be offered in court to prove the truth of facts at issue in a case.
Evidence.
The object of a search is anything of evidentiary value.
1) FRUITS AND tOOLS OF THE CRIME
The four examples of objects of a search are:
- Fruits of the crime. 2. Tools of a crime. 3. ContrabandMere evidence. 4. Property subject to forfeiture persuant to CG. 59 CCP.
Search warrants are issued based upon __________.
probable cause.
The reviewing magistrate will determine probable cause from information contained in the _______ supporting the warrant.
; affidavit.
A __________ is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.
“search warrant”.
CCP 18.02 A search warrant may be issued to search for and seize:
(1) property acquired by theft or in any other manner which makes its acquisition a penal offense; (2) property specially designed, made, or adapted for or commonly used in the commission of an offense; (3) arms and munitions kept or prepared for the purposes of insurrection or riot; (4) weapons prohibited by the Penal Code; (5) gambling devices or equipment, altered gambling equipment, or gambling paraphernalia; (6) obscene materials kept or prepared for commercial distribution or exhibition, subject to the additional rules set forth by law; (7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state; (8) any property the possession of which is prohibited by law; (9) implements or instruments used in the commission of a crime; (10) property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense; (11) persons; (12) contraband subject to forfeiture under Chapter 59 of this code;
The warrant must specify ________________ and the _________ of the search.
the items to be searched for; specific location.
Case Law referencing a defendants right to chalange a warrant based on false statements?
False Franks beware in Delaware
Franks v. Delaware.
Can a search warrant also order an arrest?
If the facts presented to the magistrate under Article 18.02 of this chapter also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person.
What are the required requisites of a search warrant?
(1) that it run in the name of “The State of Texas”; (2) that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched; (3) that it command any peace officer of the proper county to search forthwith the person, place, or thing named; (4) that it be dated and signed by the magistrate; and (5) that the magistrate’s name appear in clearly legible handwriting or in typewritten form with the magistrate’s signature.
CCP 18.10 HOW RETURN MADE. Not later than __________ after executing a search warrant, the officer shall return the search warrant.
three whole days.
Peace officers are generally required to __________ their presence, authority, and purpose before entering premises to execute a search warrant.
“knock and announce”.
The purpose of the referenced requirement is:
To reduce the risk of violence inherent in any unannounced entry, to protect privacy by reducing the risk of entering the wrong premises, to prevent property damage.
Which referenced case law refers to the “knock and announce” requirement?
Wilson Knocked and announced Arkansas
Wilson v. Arkansas.
Court usually require peace officers to wait a ___________________ before entering the premises.
reasonable time under all the circumstances.
Which referenced case law refers to the length of time required to wait before forcibly entering a premise?
The United States waited a reasonable amount of time before forcibly entering the Banks.
United States v. Banks.
Courts have recognized that not every entry must be preceded by an announcement. The exceptions are a “reasonable suspicion” that knocking and announcing would:
Present a threat of physical violence, such as occupants criminal history or propensity for violence: Be futile or a “useless” gesture; Result in the likelihood that evidence would be destroyed.
