502 Warrantless Arrests, Searches & Seizures

Question 1

.03 POLICY
A. The authority to arrest without a warrant is entirely statutory. An officer’s ___ _____ does not justify an invalid arrest. Any officer who acts outside his authority in making a warrantless arrest may be subject to both ___ and _____ liability.

Answer 1

good faith
civil
criminal

Question 2

.03 POLICY
B. An officer makes a warrantless arrest only if he has enough _____ _____ or reliable information to constitute probable cause upon which an arrest warrant could be issued, if time permitted.

Answer 2

personal knowledge

Question 3

.04 WARRANTLESS ARREST AUTHORITIES
B. Rights of Officers
1. Where an arrest may be lawfully made without a warrant, an officer making an arrest is justified in adopting all the measures which he might adopt in cases of an arrest under a warrant, except the officer making the arrest
without a warrant may not enter a residence to make the arrest unless.
a. A person who resides in the residence _____ to the entry; or
b. _____ circumstances require the officer making the arrest enter the residence without the consent of a resident or without a warrant.

Answer 3

consents

Exigent

Question 4

.05 PROBABLE CAUSE
D. Though an officer may not rely solely on _______ ______to justify an arrest, he may use this factor as an initial step in establishing probable cause.

Answer 4

reasonable suspicion

Question 5

.06 SELECTIVE ENFORCEMENT
A. Under certain circumstances in misdemeanor cases, for good cause consistent with _____ ______, an officer may
decide not to arrest even though probable cause exists.

Answer 5

public interest

Question 6

.06 SELECTIVE ENFORCEMENT

1. The victim must positively state he is not interested in prosecuting the offender because:
   a. He desires _______ only;
   b. He is in a continuing relationship with the offender (i.e., employer-employee);
   c. He is in a _______ relationship with the offender; or
   d. The actual injury done to persons or damage done to property is minimal.

Answer 6

restitution

family-type

Question 7

.06 SELECTIVE ENFORCEMENT
B. When the offense is a _____ 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 particular offense. (Note: If this occurs from _____ hours, the Night CID Unit is contacted.)
The investigative unit supervisor determines whether the offender is booked or released. If the offender is released, SAPD Form _________, is signed by the victim and approved by the investigative unit supervisor.

Answer 7

felony
1900 - 0500
#29, Complaint Waiver

Question 8

.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 ______ 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 ______ of the offender; or
3. Bodily injury to the officer or others.

Answer 8

reasonable

escape

Question 9

.08 INFORMING PERSONS TO BE ARRESTED
A. Officers shall, under normal circumstances, inform persons about to be arrested of the following:
1. The officer’s intention to take the person into custody;
2. The reason for the arrest;
3. The ______ for the arrest; and
4. The person’s rights as per the Miranda Warning

Answer 9

authority

Question 10

.08 INFORMING PERSONS TO BE ARRESTED
B. When an arrest situation makes it impractical to inform a person of an impending arrest, officers are not required to
provide arrest information. Situations where it would be impractical or unnecessary to provide arrest information
include:
1. When the person is in the act of committing the offense;
2. When the person is fleeing from the scene of the crime;
3. When the officer or others would be endangered; or
4. When the arrest would be ______.

Answer 10

imperiled

Question 11

.08 INFORMING PERSONS TO BE ARRESTED
D. Officers read SAPD Form _________, to offenders taken into custody, including juveniles, prior to questioning regarding the offense for which they are arrested and in accordance with Chapter _____ of the Texas
Code of Criminal Procedure.

Answer 11

#66-E, Rights Warnings
38.22

Question 12

.09 WARRANTLESS SEARCH AUTHORITIES/GUIDELINES
A. Search by Consent
4. Officers, prior to conducting a search by consent, will complete and have the consenting person sign SAPD
Form _____, Consent for Search of Private Premises.

Answer 12

2091-A

Question 13

.09 WARRANTLESS SEARCH AUTHORITIES/GUIDELINES
B. Frisk
1. An officer may frisk a person for ______ at any time without a warrant if the officer has reason to fear for his safety.

Answer 13

weapons

Question 14

.09 WARRANTLESS SEARCH AUTHORITIES/GUIDELINES
C. Search of a Vehicle Under a Movable Vehicle Exception
3. The officer’s determination of probable cause must be based on ______ facts that could justify the issuance of a search warrant by a judge or magistrate.

Answer 14

objective

Question 15

.09 WARRANTLESS SEARCH AUTHORITIES/GUIDELINES
D. Crime Scene Search
1. While at a crime scene, officers may seize any evidence, fruits of the crime, or ______ that falls within the scope of the Plain View Doctrine.

Answer 15

contraband

Question 16

09 WARRANTLESS SEARCH AUTHORITIES/GUIDELINES
F. Inventory Searches
1. An inventory search of an impounded or seized vehicle may be conducted without a warrant in accordance with GM Procedure 607, Impounding Vehicles. The inventory search is an _______ procedure intended to
inventory and secures the contents in a vehicle.

Answer 16

administrative

Question 17

09 WARRANTLESS SEARCH AUTHORITIES/GUIDELINES
F. Inventory Searches
1. An inventory search of an impounded or seized vehicle may be conducted without a warrant in accordance with
GM Procedure 607, Impounding Vehicles. The inventory search is an administrative procedure intended to inventory and secures the contents in a vehicle. The inventory procedure is intended to protect the following:
a. The ____ ______ while it remains in police custody;
b. The police against claims or disputes over lost, stolen, or vandalized property; and
c. The police and others from potential danger.

Answer 17

owner’s property

Question 18

09 WARRANTLESS SEARCH AUTHORITIES/GUIDELINES
G. Other Search Situations Authorized by Constitutional Provisions
1. 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 if an officer:
a. Recognizes the property or items as seizable property or items;
b. Has a ____ _____ to be in a position to view the property or items; and
c. Does not intrude on any person’s ______ ______ of privacy to seize the property or items.

Answer 18

legal right

reasonable expectation