ASS

Question 1

What are the 3 CLASSIFICATIONS of interactions between peace officers and persons?

Answer 1

1. Consensual
2. Investigatory Stops/Detentions
3. Arrests

Question 2

Define a Consensual interaction?

Answer 2

Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away. Florida v. Royer, 460 U.S. 491 (1983);

Question 3

Define an Investigatory Stop/Detention interaction?

Answer 3

The temporary seizure of a person for investigation based on an officer’s reasonable suspicion of criminal activity. Terry v. Ohio, 392 U.S. 1 (1968).

Question 4

Define an Arrest interaction?

Answer 4

Take persons into custody for purposes of charging them with a crime based on an officer’s establishment of probable cause. U.S. v. Mendenhall, 446 U.S. 544 (1980)

Question 5

What are the 4 elements used by courts to determine whether or not an ARREST has occurred?

Answer 5

1. Intent
2. Authority
3. Actual Seizure
4. Understanding

Question 6

Define the element of INTENT related to if an arrest has occurred?

Answer 6

A peace officer’s purpose or intention to take a person into the custody of the law.

Question 7

Define the element of AUTHORITY related to if an arrest has occurred?

Answer 7

The peace officer’s arrest must be made under real authority. This means the officer is authorized by law to make an arrest and the arrest is supported by probable cause.

Question 8

Define the element of ACTUAL SEIZURE related to if an arrest has occurred?

Answer 8

The person arrested is taken into custody either by physical force or by submission to assertion of authority.

Question 9

Define the element of UNDERSTANDING related to if an arrest has occurred?

Answer 9

Understanding by the person to be arrested of the officer’s intention to arrest.

Question 10

15.22 CPP What is the meaning of an ARREST?

Answer 10

A person is arrested when he has been actually 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.

Question 11

11.21 CPP What is the meaning of Constructive Custody?

Answer 11

The words “confined”, “imprisoned”, “in custody”, “confinement”, “imprisonment” refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or fear of injury whereby one person exercises a control over the person of another, and detains him within certain limits.

Question 12

Which court case is used to highlight CONSENSUAL ENCOUNTERS?

Answer 12

Florida v. Royer, 460 U.S. 491 (1983).

Question 13

Which court case is used to highlight INVESTIGATORY STOPS/DETENTIONS?

Answer 13

Terry v. Ohio, 392 U.S. 1 (1968).

Question 14

Which court case is used to highlight ARRESTS?

Answer 14

U.S. v. Mendenhall, 446 U.S. 544 (1980).

Question 15

11.22 CCP What is the definition of RESTRAINT?

Answer 15

The kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.

Question 16

38.01 PC: Define Custody?

Answer 16

1. under arrest by a peace officer or public servant pursuant to an order of a court of this state or another state of the United States.
2. under restraint by an agent/employee of a facility that is operated by or under contract with the United States that confines persons arrested for, charged with, or convicted of criminal offenses.

Question 17

15.17 CPP: What are the duties of an arresting officer and magistrate?

Answer 17

The person making the arrest or the person having custody of the arrestee shall without unnecessary delay, but not more than 48 hours after the arrest, take the arrestee before a magistrate of the county where the arrest occurred, or to another magistrate in another county if it is more expeditious.

Question 18

What is mere suspicion?

Answer 18

Something out of the ordinary. An inarticulate hunch that is highly susceptible to error.

Question 19

What is reasonable suspicion?

Answer 19

Officer has objective articulable suspicion that crime is afoot.

Question 20

What is probable cause?

Answer 20

Probable cause to arrest exists where “the facts and circumstances within [the officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed [by the person to be arrested].”

Question 21

14.01 Define when warrantless arrests may be made by either a peace officer OR ANYBODY else?

Answer 21

An arrest without a warrant may be made by ANYONE when the offense is committed in his view and the offense is a FELONY or against the peace.

Question 22

14.01 Define when warrantless arrests may be made by a peace officer?

Answer 22

A peace officer may arrest an offender without a warrant for ANY offense committed in his presence or within his view.

Question 23

14.02 Define when a magistrate may order the arrest of somebody?

Answer 23

A peace officer may arrest an offender without warrant for any FELONY or breach of the peace committed in the presence or witnessed by the magistrate, who must verbally order the arrest of the offender.

Question 24

14.03 Can an officer arrest for a misdemeanor not committed in his presence?

Answer 24

No, unless specified in Art. 14.03.

Question 25

14.03 What is the authority of a Peace Officer?

Answer 25

A peace officer may arrest, without warrant: 1. persons found in suspicious places reasonably showing guilt of a felony; OR violation of Title 9, Chapter 42 Penal Code, OR or threaten or about to commit some offense against the laws. 2. persons with probable cause to have committed an assault resulting in bodily injury AND the officer believes there is a danger of additional harm 3. persons with probable cause to have violated a Protective Order 4. persons with probable cause to have committed family violence 5. persons with probable cause to have prevented/interfered with ability to place an emergency phone call 6. person who makes a voluntary statement that would be admissible against the person and establishes probable cause to believe the person has committed a felony.

Question 26

What must peace officers be able articulate in order to justify an arrest regarding "suspicious places" and "circumstances"? What case explains this well?

Answer 26

Specific facts and circumstances. Case is Dyar v. State, 125 SW3d 460. Officer interviewed Dyar in hospital who was brought to hospital after a single-car crash. He slurred his speech, had red, glossy eyes, and had a strong smell of alcohol. Officer had probable cause to arrest for DWI even though he had not seem him driving.

Question 27

14.03 When SHALL an officer arrest a subject without warrant?

Answer 27

A person the peace officer has probable cause to believe has committed a violation of a protective order committed in his presence. NOTE: The conduct MUST be prohibited by protective order or else NO crime was committed.

Question 28

14.031 May a peace officer arrest one charged with public intoxication?

Answer 28

No. He may release the individual IF he believes jail is not necessary AND the individual is released to the care of another adult, OR verbally consents to voluntary treatment for chemical dependency AND the program admits the individual for treatment.

Question 29

14.04 What may the officer do without warrant if he believes a felony has been committed and the suspect is about to escape with no time to obtain a warrant?

Answer 29

Pursue and arrest the suspect.

Question 30

14.05 What are the rights of an officer related to making an arrest without warrant in a residence?

Answer 30

He may NOT enter the residence to make the arrest unless: 1. the person who resides in the residence CONSENTS to the entry or 2. exigent circumstances require the officer to enter the residence.

Question 31

14.051 May an officer from another state enter Texas to make an arrest?

Answer 31

Only if in fresh pursuit for purpose of arresting that person for a FELONY

Question 32

14.06 Upon arrest, how long does the officer have to bring the suspect before a magistrate?

Answer 32

Within 48 hours without unnecessary delay.

Question 33

18.16 Who may prevent the consequences of theft?

Answer 33

Any person

Question 34

What are the four categories of evidence?

Answer 34

* Fruits of the crime * Tools of a crime * Contraband/Mere evidence * Property subject to forfeiture pursuant to Ch. 59 of the Code of Criminal Procedure

Question 35

What are "Tools of a Crime"?

Answer 35

Items used to conduct a crime

Question 36

What are "Fruits of the crime"?

Answer 36

Ill-Gotten Goods, Stolen property, etc.

Question 37

What is Contraband?

Answer 37

Illegal (for some) items (such as beer in the vehicle of a minor)

Question 38

What is Mere Evidence?

Answer 38

Evidence that ties somebody to a crime (ex: ball-cap, fingerprint, DNA, etc.)

Question 39

What is property subject to forfeiture pursuant to Ch. 59 of the CPP?

Answer 39

Property that is contraband.

Question 40

Define Evidence?

Answer 40

Evidence is defined as anything to be offered in court to prove the truth of facts at issue in a case.

Question 41

Which 3 situations allow for arrest for Unlawful Possession of a Weapon?

Answer 41

1. If you’re a felon in possession 2. If you’re committing more than a Class-C misdemeanor 3. Member of a criminal street gang.

Question 42

Define Reasonable Suspicion (TCOLE)

Answer 42

Objective, articulable suspicion that criminal activity may be afoot and the person to be detained is connected with that activity.

Question 43

Define Arrest (TCOLE)

Answer 43

Take persons into custody for purposes of charging them with a crime.

Question 44

Define temporary detention (TCOLE)

Answer 44

Holding a person, for a limited time, who is not yet under arrest.

Question 45

Define Consensual Encounter (TCOLE)

Answer 45

Approaching an individual and striking up a voluntary dialogue.

Question 46

Define Suspicion (TCOLE)

Answer 46

Imagining guilt on slight evidence and without proof. An inarticulate hunch that is highly susceptible to error.

Question 47

GSCALE: What actions can you take when you have SUSPICION of criminal activity?

Answer 47

1. Observe 2. Conduct Consensual Encounter 3. Run license plate check 4. Gather info

Question 48

GSCALE: What actions can you take when you have REASONABLE SUSPICION?

Answer 48

1. Temporary Detention 2. Ask for ID 3. Gather Information 4. Talk to suspect

Question 49

GSCALE: What actions can you take when you have PROBABLE CAUSE?

Answer 49

1. Cite suspect | 2. Arrest suspect

Question 50

What is Abandoned Property?

Answer 50

Property whose owner has “voluntarily discarded, left behind, or otherwise relinquished his interest in the property in question so that he could no longer retain a reasonable expectation of privacy with regard to it…”

Question 51

What determines if property is considered abandoned?

Answer 51

What determines abandonment is the intent of the person leaving behind or discarding the property. If the intent of the person was to relinquish all title, possession, or claim to that property, it will be deemed abandoned and subject to search without a warrant.

Question 52

What are exceptions to the warrant requirement?

Answer 52

1. Search Incidental to lawful arrest 2. Motor Vehicles 3. Open fields 4. Consent 5. Abandoned Property 6. Exigent circumstances 7. Plain view 8. Impound and inventory

Question 53

What is Search Incidental to Lawful Arrest?

Answer 53

The arrest must be lawful; search area within immediate control; and contemporaneous (within a reasonable timespan: ie NOW) with arrest.

Question 54

May the passenger compartment of a motor vehicle be searched incident to arrest?

Answer 54

The passenger compartment may be searched incident to arrest only if the officer had reason to believe evidence of the crime for which the suspect was arrested will be found in the car.

Question 55

If you arrest the driver for a traffic offense and a warrant from another jurisdiction, may you search the passenger compartment incident to arrest?

Answer 55

Most likely NO as you could not reasonably believe you would find evidence of a traffic violation or evidence of the offense named in the arrest warrant.

Question 56

What is the "Carroll Doctine"?

Answer 56

Holds that a warrantless search of a readily mobile motor vehicle by a peace officer who has probable cause to believe that the vehicle contains incriminating items subject to seizure is not unreasonable under the Fourth Amendment. Carroll v. United States, 267 U.S. 132 (1925)

Question 57

What is the Automobile Exception to obtaining a warrant to search?

Answer 57

If there's probable cause to search the car, you may search the car as there's a lesser expectation of privacy.

Question 58

WHY is the Automobile Exception in existence?

Answer 58

The warrantless search of motor vehicles is permitted by the courts because persons have a lessened expectation of privacy in a motor vehicle due to its inherent mobility and the fact that it is driven on public roads where its occupants and contents are open to view. United States v. Chadwick, 433 U.S. 1 (1977).

Question 59

Can you search a car incident to arrest for a warrant only?

Answer 59

You may only search incident to warrant arrest for the following reasons: 1. Consent 2. Only for items related to the arrest. 3. If you develop probable cause independently, you may search the vehicle.

Question 60

May Open Fields be searched without a warrant?

Answer 60

Yes. Fourth Amendment doesn't protect open fields. Officers may enter/search.

Question 61

What is an Open Field?

Answer 61

An open field begins where the curtilage surrounding a dwelling ends.

Question 62

What is Curtilage?

Answer 62

The area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that is considered part of the house.

Question 63

With a consensual search, is there a requirement of probable cause?

Answer 63

NO

Question 64

May a consenter revoke consent after search begins?

Answer 64

Yes. At any time.

Question 65

Who may be an authorized consenter?

Answer 65

``` Parent/child (common areas) Spouses (common areas) Roommates (common areas) Landlord/tenant (NO! rent - contract) Hotel/motel (NO) Employers Schools and SROs. ```

Question 66

Define Exigent Circumstances

Answer 66

An emergency requiring immediate medical or police assistance, the imminent destruction of evidence that is easily lost/destroyed, the presence of dangerous weapons/ instrumentalities, and the community care-taking doctrine.

Question 67

What case is used to demonstrate that a warrant is required even at a murder scene?

Answer 67

Mince vs. Arizona

Question 68

May not be arrested if no probable casue

Answer 68

Brown vs. Texas

Question 69

Which case is this? Two-prong rule on informants; informant must be credible and information must be reliable.

Answer 69

Aguilar vs. Texas

Question 70

Stop and Frisk case

Answer 70

Terry vs. Ohio

Question 71

What is a Search Warrant?

Answer 71

A written order, issued by a magistrate and directed to a peace officer, commanding him to search for and seize any property or thing 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.

Question 72

How is a subpoena delivered?

Answer 72

1. Reading it at the hearing 2. Delivering it personally 3. Electronically 4. Mailing a copy

Question 73

May a Peace Officer make a warrantless entry into a suspects home to make a routine felony arrest?

Answer 73

ONLY in the case of an exigent circumstance. Otherwise, a warrant is required. (Payton vs. NY 1980)

Question 74

(CCP 51.13, Sec. 14) When may you arrest without a warrant?

Answer 74

Lawfully made by any peace officer or private person without a warrant upon reasonable information that the accused stands charged with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath.