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171 BPOA > ASS > Flashcards

ASS Flashcards

1
Q

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

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

Define a Consensual interaction?

A

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);

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3
Q

Define an Investigatory Stop/Detention interaction?

A

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).

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4
Q

Define an Arrest interaction?

A

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)

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5
Q

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

A
  1. Intent
  2. Authority
  3. Actual Seizure
  4. Understanding
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6
Q

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

A

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

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7
Q

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

A

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.

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8
Q

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

A

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

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9
Q

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

A

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

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10
Q

15.22 CPP What is the meaning of an ARREST?

A

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.

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11
Q

11.21 CPP What is the meaning of Constructive Custody?

A

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.

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12
Q

Which court case is used to highlight CONSENSUAL ENCOUNTERS?

A

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

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13
Q

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

A

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

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14
Q

Which court case is used to highlight ARRESTS?

A

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

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15
Q

11.22 CCP What is the definition of RESTRAINT?

A

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.

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16
Q

38.01 PC: Define Custody?

A
  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.
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17
Q

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

A

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.

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18
Q

What is mere suspicion?

A

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

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19
Q

What is reasonable suspicion?

A

Officer has objective articulable suspicion that crime is afoot.

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20
Q

What is probable cause?

A

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].”

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21
Q

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

A

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.

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22
Q

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

A

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

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23
Q

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

A

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.

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24
Q

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

A

No, unless specified in Art. 14.03.

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25
Q

14.03 What is the authority of a Peace Officer?

A

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.

  1. persons with probable cause to have committed an assault resulting in bodily injury AND the officer believes there is a danger of additional harm
  2. persons with probable cause to have violated a Protective Order
  3. persons with probable cause to have committed family violence
  4. persons with probable cause to have prevented/interfered with ability to place an emergency phone call
  5. 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.
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26
Q

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

A

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.

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27
Q

14.03 When SHALL an officer arrest a subject without warrant?

A

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.

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28
Q

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

A

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.

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29
Q

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?

A

Pursue and arrest the suspect.

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30
Q

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

A

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.
31
Q

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

A

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

32
Q

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

A

Within 48 hours without unnecessary delay.

33
Q

18.16 Who may prevent the consequences of theft?

A

Any person

34
Q

What are the four categories of evidence?

A
  • 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
35
Q

What are “Tools of a Crime”?

A

Items used to conduct a crime

36
Q

What are “Fruits of the crime”?

A

Ill-Gotten Goods, Stolen property, etc.

37
Q

What is Contraband?

A

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

38
Q

What is Mere Evidence?

A

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

39
Q

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

A

Property that is contraband.

40
Q

Define Evidence?

A

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

41
Q

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

A
  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.
42
Q

Define Reasonable Suspicion (TCOLE)

A

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

43
Q

Define Arrest (TCOLE)

A

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

44
Q

Define temporary detention (TCOLE)

A

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

45
Q

Define Consensual Encounter (TCOLE)

A

Approaching an individual and striking up a voluntary dialogue.

46
Q

Define Suspicion (TCOLE)

A

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

47
Q

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

A
  1. Observe
  2. Conduct Consensual Encounter
  3. Run license plate check
  4. Gather info
48
Q

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

A
  1. Temporary Detention
  2. Ask for ID
  3. Gather Information
  4. Talk to suspect
49
Q

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

A
  1. Cite suspect

2. Arrest suspect

50
Q

What is Abandoned Property?

A

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…”

51
Q

What determines if property is considered abandoned?

A

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.

52
Q

What are exceptions to the warrant requirement?

A
  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
53
Q

What is Search Incidental to Lawful Arrest?

A

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

54
Q

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

A

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.

55
Q

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

A

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.

56
Q

What is the “Carroll Doctine”?

A

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)

57
Q

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

A

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

58
Q

WHY is the Automobile Exception in existence?

A

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).

59
Q

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

A

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.
60
Q

May Open Fields be searched without a warrant?

A

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

61
Q

What is an Open Field?

A

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

62
Q

What is Curtilage?

A

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

63
Q

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

A

NO

64
Q

May a consenter revoke consent after search begins?

A

Yes. At any time.

65
Q

Who may be an authorized consenter?

A 
Parent/child (common areas)
Spouses (common areas)
Roommates (common areas)
Landlord/tenant (NO! rent - contract)
Hotel/motel (NO)
Employers
Schools and SROs.
66
Q

Define Exigent Circumstances

A

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.

67
Q

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

A

Mince vs. Arizona

68
Q

May not be arrested if no probable casue

A

Brown vs. Texas

69
Q

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

A

Aguilar vs. Texas

70
Q

Stop and Frisk case

A

Terry vs. Ohio

71
Q

What is a Search Warrant?

A

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.

72
Q

How is a subpoena delivered?

A
  1. Reading it at the hearing
  2. Delivering it personally
  3. Electronically
  4. Mailing a copy
73
Q

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

A

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

74
Q

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

A

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.

171 BPOA (20 decks)

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