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Flashcards in GM 502 Deck (27):
1

***START***
An officer makes a warrantless arrest only if he has -------- or-------to constitute probable cause upon which an arrest warrant could be issued if time permitted

Personal knowledge or reliable information

2

The authority to arrest without a warrant is entirely------

Statutory

3

To establish probable cause, does an officer need the amount of evidence required to prove beyond a reasonable doubt a person is guilty of committing an offense?

No, only that amount of evidence which reasonably shows a particular person probably or most likely committed an offense

4

What situations constitute an officer to enter a residence to make an arrest without a warrant?

A person who resides in the residence consents to the entry
Or
Exigent circumstances

5

Can the officer consider all the lawfully acquired information available to him at the moment of the arrest only if it is admissible in a trial?

No regardless of its admissibility at a trial

6

When when an officer needs to establish probable cause from the information he received from a victim or witness he determines that the victim or witness was able to------and---- what happened

Observe and remember

7

Under certain circumstances in misdemeanor cases an officer may decide not to arrest even though probable cause exists. In these situations the victim must positively state he is not interested in prosecuting the offender because: name 4 reasons

1) he desires restitution only
2). He is in a continuing relationship with the offender (employer)
3) he is in a family type relationship with the offender
4) The actual injury done two persons or damage done to property is minimal

8

warrantless arrest, searches, and seizures-Selective enforcement: when the offense is a felony the officer has the victim and the offender accompany him to headquarters. Who determines whether the offender is booked or released?

Investigative unit supervisor

9

Warrantless arrest, searches, and seizures: officers under normal circumstances inform persons about to be arrested of the following four things.

1) The officer's intention to take the person into custody
2) The reason for the arrest
3) The authority for the arrest
4) The person's rights as per the Miranda warning

10

What situations make it impractical to inform a person of an impending arrest where officers are not required to provide arrest information?
Name 4

1) when the person is in the act of committing the offense
2) when the person is fleeing the scene of the crime
3) when the officer or others would be endangered
4) when the arrest would be imperiled

11

Officers take all persons arrested before a -------in compliance with chapter 15 of the Texas code of criminal procedure

Magistrate

12

What is a warrantless search and occurs when a person voluntarily allows a peace officer to search his body, premises, or belongings?

Consent search

13

Search by consent is not voluntary if it is obtained by threat, force, or by------

Falsely claiming the search can be conducted without consent

14

Warrantless arrest, searches, and seizures: Officers may conduct a quick and limited protective sweep search for the safety of officers and persons in the area in these three situations--

1) The officer reasonably believes the area harbors an individual posing a danger to those at the scene
2) officers may contact a limited for a search of a person for weapons if there are articulable facts indicating a person may be armed
3) officers may also make a limited search of a person at a crime scene if there are articulable facts a person may be about to destroy evidence

15

Is a search warrant necessary if a crime scene is located in a public place?

No

16

Any property or items that could be seized with a search warrant maybe scenes without a search warrant under the plain view doctrine if an officer:

A) recognizes the property or items as seizable property or items
B) has a legal right to be in a position to view the property or items
C) does not intrude on any persons reasonable expectation of privacy to seize the property or I don't

17

If the property or items are in a place the officer cannot legally enter without a warrant or consent, the property or items cannot be seized without a warrant unless there is:

Danger of imminent destruction or removal of the property

18

Any officer who acts outside his authority in making a warrantless arrest may be subject to both ------and -----liability.

Civil and criminal

19

.04 WARRANTLESS ARREST AUTHORITIES
A. State Statutes
2. Code of Criminal Procedure
a. Chapter 8, Article 8.04 D______
b. Chapter 14
(1) Article 14.01 O_____
(2) Article 14.02 W_____
(3) Article 14.03(a)(1) S______
(4) Article 14.03(a)(2) A_____;
(5) Article 14.03(a)(3) V______
(6) Article 14.03(a)(4) F_______;
(7) Article 14.03(a)(5) I______
(8) Article 14.03(a)(6) C_____.
(9) Article 14.03(b) V______
(10)Article 14.04 F_____

a. Chapter 8, Article 8.04 Dispersing Riot
b. Chapter 14
(1) Article 14.01 Offense within View
(2) Article 14.02 Within View of Magistrate
(3) Article 14.03(a)(1) Suspicious Places and Circumstances;
(4) Article 14.03(a)(2) Assault - Bodily Injury;
(5) Article 14.03(a)(3) Violation of Protective Order - May Arrest;
(6) Article 14.03(a)(4) Family Violence - Bodily Injury;
(7) Article 14.03(a)(5) Interference with an emergency call; and
(8) Article 14.03(a)(6) Confession of a felony.
(9) Article 14.03(b) Violation of Protective Order - Shall Arrest.
(10)Article 14.04 Fleeing Felon

20

.04 WARRANTLESS ARREST AUTHORITIES
A. State Statutes
1. Alcohol Beverage Code
a. Chapter 101, Article 101.02 Any Violation of Alcohol Beverage Code

a. Chapter 101, Article 101.02 Any Violation of Alcohol Beverage Code

21

.04 WARRANTLESS ARREST AUTHORITIES
A. State Statutes
2. Code of Criminal Procedure
c. Chapter 18, Article 18.16 P______
d. Chapter 51, Article 51.13 U______

c. Chapter 18, Article 18.16 Preventing Consequences of Theft
d. Chapter 51, Article 51.13 Uniform Criminal Extradition Act

22

.04 WARRANTLESS ARREST AUTHORITIES
A. State Statutes
3. Health and Safety Code
a. Chapter 462, Section 462.041 C______

a. Chapter 462, Section 462.041 Chemically Dependent Person

23

.04 WARRANTLESS ARREST AUTHORITIES
A. State Statutes
4. (same as answer)
a. Chapter 11, Article 11.0191 Any Violation of P______

a. Chapter 11, Article 11.0191 Any Violation of Parks and Wildlife Code

24

.04 WARRANTLESS ARREST AUTHORITIES
A. State Statutes
5. (same as answer)______
a. Chapter 543, Section 543.001 Any Violation of T______

a. Chapter 543, Section 543.001 Any Violation of Transportation Code

25

.07 DELAY IN MAKING AN ARREST
F. An officer obtains a warrant for a ____ or _____ committed out of his presence or view whenever he has reasonable time and opportunity to procure one. Such action is unnecessary when obtaining a warrant would result in:
1. The loss or destruction of evidence;
2. The escape of the offender; or
3. Bodily injury to the officer or others.

felony or breach of the peace

26

.07 DELAY IN MAKING AN ARREST
F. An officer obtains a warrant for a felony or breach of the peace committed out of his presence or view whenever he has reasonable time and opportunity to procure one. Such action is unnecessary when obtaining a warrant would result in:
1. The loss or destruction of _____;
2. The _____; or
3. ______to the officer or others.

1. The loss or destruction of evidence;
2. The escape of the offender; or
3. Bodily injury to the officer or others.

27

.09 WARRANTLESS SEARCH AUTHORITIES/GUIDELINES
B. Frisk
2. The officer must be able to _____. The officer need not point to any one thing that would justify the frisk, but should refer to several things, each of which, when taken alone may seem harmless, but when considered together by an officer who is trained or experienced in dealing with criminal suspects, raises a ______ the person poses a threat to the officer’s safety.

explain why the person was frisked
reasonable suspicion