Flashcards in Procedure 502- Arrest, Searches & Seizures Deck (80):
.01. These guidelines are designed to assist officers of the San Antonio Police Department in determining how and when it is appropriate to;
enforce the law through warrantless arrests, searches, and seizures.
.03A. The authority to arrest without a warrant is;
.03A. An officer's good faith does not;
justify an invalid arrest.
.03A. Any officer who acts outside his authority in making a warrantless arrest may be subject to;
both civil and criminal liability.
.03B. An officer makes a warrantless arrest only if he has enough personal knowledge or reliable information to;
constitute probable cause upon which an arrest warrant could be issued, if time permitted.
.03C. In the use of their authority to arrest without a warrant, officers exercise;
.04A. Officers make warrantless arrests only by the authorities listed under the;
State Statutes section of this procedure.
.04A. Alcohol Beverage Code warrantless arrest authority statute:
101.02 Any Violation of Alcohol Beverage Code
.04A. Code of Criminal Procedure warrantless arrest authorities:
Dispersing Riot, Within View; Within View of Magistrate; Suspicious Places and Circumstances;
Assault - Bodily Injury; Vio Protect Order - May Arrest; Vio Protect Order - Shall Arrest; Fam Vio - Bodily Injury; Interfere with emergency call; Confession of a felony; Fleeing Felon; Prevent Consequences of Theft; Uniform Criminal Extradition Act
.04A. Health and Safety Code warrantless arrest authority:
462.041 Chemically Dependent Person
.04A. Parks and Wildlife Code warrantless arrest authority:
11.0191 Any Violation of Parks and Wildlife Code
.04A. Transportation Code warrantless arrest authority:
543.001 Any Violation of Transportation Code
.04B. When is an officer, making an arrest, justified in adopting measures which he might adopt in cases of an arrest under a warrant?
Where an arrest may be lawfully made without a warrant.
.04B. The exception to an officer adopting all measures he might use under a warrant, when making an arrest without a warrant.
The officer may not enter a residence to make the arrest, with two exceptions.
.04B. The officer may not enter a residence to make the arrest , unless he has one of the two following exceptions.
a. A person who resides in the residence consents to the entry;
b. Exigent circumstances require the officer to enter the residence without consent or a warrant.
.05A. Probable cause to arrest exists when an officer has reason to believe, through;
personal knowledge or reliable information; a person has committed an offense.
.05B. To establish probable cause to arrest, the officer does not need the amount of evidence required to;
prove beyond a reasonable doubt a person is guilty of committing an offense.
.05B. To establish probable cause to arrest, the officer needs only that amount of evidence which;
reasonably shows a particular person probably or most likely committed an offense.
.05C. What may an officer consider, when establishing probable cause to arrest?
All lawfully acquired info available, at the moment of the arrest, regardless of admissibility at trial.
.05D. An officer may not rely solely on this to justify an arrest, but he may use this factor as an initial step in establishing probable cause.
.05E. When may an officer make an arrest even though he is unable to determine the particular offense which has been committed?
When immediate action is required.
.05E. There may be a difference in the;
reason for arrest and the charge to be filed.
.05E. In determining with which offenses the offender is to be charged, an officer is not required to know all the;
legal matters involved.
.05F. An officer, making an arrest at the request of another officer is entitled to rely on;
radio broadcast information and assume the officer has probable cause for the arrest.
.05F. When one officer makes an arrest at the request of another officer, its validity is determined by whether the information known to the;
requesting officer is sufficient to establish probable cause.
.05G. When information from an informant is necessary to establish probable cause, an officer explains his reasons for believing the informant to be reliable and the;
underlying circumstances from which the informant concluded the offense was committed, and a particular person committed the offense.
.05G. An officer seeks some confirmation of the information he receives from a;
victim or witness
.05G. An officer determines the victim or witness was able to;
observe and remember what happened.
.05G. This can serve as partial confirmation of the commission of the offense.
Directly observable results of an offense.
.05G. When the circumstances suggest the victim or witness' allegations may be untrue, an officer;
investigates further before making an arrest.
.05G. The more doubt an officer has about the victim's or witness' veracity, sincerity, or;
ability to perceive, the more he needs to confirm the information.
.06A. An officer may decide not to arrest even though probable cause exists, under certain circumstances in misdemeanor cases, for;
good cause consistent with public interest.
.06A. Factors which the officer may properly consider in determining not to arrest: Victim must positively state he is not interested in prosecuting the offender because he;
a]. desires only restitution;
b]. In continuing relationship with offender, [i.e., employer-employee];
c. In a family-type relationship;
d]. Injury to persons or damaged property is minimal.
.06A. Factors which the officer may properly consider in determining not to arrest: The offender can be released to the custody of another agency which;
specializes in handling the type of case in which he is involved (i.e., Armed Forces Police).
.06A. Factors which the officer may properly consider in determining not to arrest: The arrest would result in greater;
harm to the victim than would non-arrest.
.06B. When the offense is a felony and circumstances outlined in Subsection .06A of this procedure exist, the officer has the victim and the offender accompany him to;
Headquarters to contact the investigative unit normally assigned to investigate the offense. [Night CID is contacted If this occurs from 1900 hours till 0500 hours.]
When the offense is a felony and non arrest factors exist, who determines whether the offender is booked or released?
The investigative unit supervisor
When the offense is a felony and non arrest factors exist, the SAPD Form #29, Complaint Waiver, is signed by the victim and;
approved by the investigative unit supervisor.
.07A. An officer may, in order to avoid the use of force, delay making an arrest until a more appropriate time if by so doing he;
does not jeopardize the eventual arrest.
.07B. An officer obtains a warrant if a misdemeanor is committed in his presence or view and he;
does not arrest at the time the offense is committed.
.07C. An officer obtains a warrant if a felony is committed in his presence or view and he does not arrest the offender as;
quickly as is reasonably possible under the circumstances.
Delay is reasonable when it avoids the necessity of
resistance by the offender and when it is necessary for the safety of the officer or others.
.07D. In accordance with Procedure 503, Obtaining Arrest Warrants, an officer should always obtain an arrest warrant when he has;
reasonable time and opportunity to do so.
.07E. An officer obtains an arrest warrant when the offender is committing a continuing offense and the facts establishing probable cause are;
known to the officer over a period of time.
.07E. In all cases where an officer has knowledge of a continuing offense;
a warrant of arrest is obtained.
.07F. 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.
.07F. Such action is unnecessary when obtaining a warrant would result in:
1. The loss or destruction of evidence;
2. The escape of the offender;
3. Bodily injury to the officer or others.
.08A. Officers shall, under normal circumstances, inform persons about to be arrested of the following:
1. Officer's intent to take person into custody;
2. Reason for the arrest;
3. Authority for the arrest;
4. Rights per the Miranda Warning.
.08B. Officers are not required to provide arrest information when an arrest situation makes it;
impractical to inform a person of an impending arrest.
.08B. Situations where it would be impractical or unnecessary to provide arrest information:
1. Person is in the act of committing offense;
2. Person is fleeing the scene of the crime;
3. Officer or others would be endangered;
4. The arrest would be imperiled.
.08C. When not in uniform, an officer displays his identification and identifies himself as a police officer;
as soon as the situation permits.
D. Officers read SAPD Form #66-E, Rights Warnings, to offenders taken into custody, including juveniles, prior to;
questioning regarding the offense for which they are arrested.
E. Officers take all persons arrested;
before a magistrate in compliance with Chapter 15, Articles 15.17 and 15.18, of the Texas Code of Criminal Procedure.
.09 Officers make warrantless searches and seizures only by the following authorities:
a] Search by Consent
c] Search Under Movable Vehicle Exception
d] Exigent Circumstances - Public Safety is Endangered
e] Inventory Searches
.09A. A warrantless search and occurs when a person voluntarily allows a peace officer to search his body, premises, or belongings.
.09A. If consent is obtained by threat, force, or by falsely claiming the search can be conducted without consent. then the consent is;
.09A. Upon giving consent to search, the consenting person relinquishes any right to;
object to the search on constitutional grounds.
.09A. When will officers complete and have the consenting person sign SAPD Form #2091-A, Consent for Search of Private Premises.
prior to conducting a search
.09B. An officer may frisk a person for weapons at any time without a warrant if the officer has reason to;
fear for his safety.
.09B. The officer must be able to explain why the person was frisked. 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;
reasonable suspicion the person poses a threat to the officer’s safety.
.09C. By this authority, a vehicle stopped on public property by a peace officer, may be searched without a warrant, if the peace officer has probable cause to believe the vehicle contains items subject to seizure.
Movable Vehicle Exception
.09C. The items subject to seizure must be items;
connected with criminal activity.
.09C. The officer’s determination of probable cause must be based on;
objective facts that could justify the issuance of a search warrant by a judge or magistrate.
.09D. While at a crime scene, officers may seize any evidence, fruits of the crime, or contraband that falls within the scope of the;
Plain View Doctrine.
.09D. Officers may conduct a quick and limited “protective sweep” search for the safety of;
officers and persons in the area.
.09D. The protective sweep search may be made when an officer;
reasonably believes the area harbors an individual posing a danger to those at the scene.
.09D. Officers may conduct a limited frisk search of a person for weapons at a crime scene if these exist indicating a person may be armed.
.09D. Officers may also make a limited search of persons at a crime scene if there are;
articulable facts a person may be about to destroy evidence.
.09D. In the absence of the Plain View Doctrine or exigent circumstances, at a crime scene, officers shall;
obtain a warrant to search.
.09D. A search warrant is not necessary if a crime scene is located in a;
.09E. Exigent Circumstances exist where the Public Safety is Endangered, then the search warrant;
requirement is dispensed.
.09E. When officers may search persons, property, or containers they believe possess or contain some immediately dangerous weapon or instrument.
Under exigent circumstances.
.09E. In situations where the public is in danger, officers may conduct a search of persons, places, or things without a warrant if;
there would not be a reasonable amount of time to obtain a warrant.
.09F. In accordance with GM Procedure 607, Impounding Vehicles, this may be conducted without a warrant.
An inventory search of an impounded or seized vehicle
.09F. An administrative procedure intended to inventory and secure the contents in a vehicle.
The inventory search
.09F. The inventory procedure is intended to protect:
a] Property while in police custody;
b] Police against claims or disputes over lost, stolen, or vandalized property;
c] The police and others from potential danger.
.09F. If criminal evidence, contraband, or other property subject to seizure is discovered during the inventory of a vehicle, for the property to be admissible in court, there must be a;
valid administrative reason for the inventory.
.09G. Any property or items listed in the Texas Code of Criminal Procedure, Article 18.02, that could be seized with a search warrant may be seized without a search warrant under the;
Plain View Doctrine.
.09G. Any property or items that may be seized under the Plain View Doctrine if an officer:
a]. Recognizes property or items as seizable;
b]. A legal right to be in position to view the property or items; and
c]. Does not intrude on any person’s reasonable expectation of privacy to seize the property or items