Arrest, Search and Seizure - Quizzes

Question 1

That which would led a reasonable officer to conclude that criminal activity is afoot….

Answer 1

Reasonable suspicion has been defined by the court as sufficient articulable facts and circumstances, and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude that criminal activity is afoot.

Question 2

If someone wants to remain silent, what must happen?

Answer 2

Interrogation must cease

Question 3

Elements to establishing probable cause. Of the five elements for probable cause, the comparison of what is normal to what is not normal.

Answer 3

Abnormal demeanor.

Question 4

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

Answer 4

Intent

Question 5

MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. (a) A magistrate may issue a warrant of arrest or a summons: 1. In any case in which he is by law authorized to order _____ the arrest of an offender; 2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and 3. In any case named in this Code where he is______ authorized to issue warrants of arrest.

Answer 5

verbally specially

Question 6

According to the CCP 14.02, a peace officer may arrest, without a warrant, when a felony or breach of the peace has been committed in the presence or within view of a ______ and such person verbally orders the arrest of the offender.

A: private person

B: county commissioner

C: city council member

D: magistrate

Answer 6

D: magistrate

Question 7

. 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 the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.

Answer 7

CONSTRUCTIVE CUSTODY

Question 8

Art. 14.04. When Felony Has Been Committed. Where it is shown by satisfactory proof to a peace officer, upon the representation of a _____ _____, that a felony has been committed, and that the offender is about to ______, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.

Answer 8

credible person; escape.

Question 9

” is a writ that is: (1) issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge; and (2) directed “To any peace officer of the State of Texas”, commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ.

Answer 9

capias

Question 10

Elements for temporarry detention:

must certain activity be related to a certain criminal offense?

Answer 10

3 Some indication the suspicious activity is related to a specific offense.

Has the offense occurred? What is the offense? Is there a reasonable suspicion to suspect this person of committing the offense?

Question 11

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

Answer 11

Actual seizure

Question 12

. The affidavit made before the magistrate or district or county attorney is called a “_____” if it charges the commission of an offense.

Answer 12

COMPLAINT

Question 13

The landmark court case referencing when an individual is required to identfy himself is ________

Answer 13

Brown v. Texas, 443 U.S. 47 (1979)

Question 14

Possession of or Proximity. The possession of _______ is unlawful.

Answer 14

Contraband.

Question 15

A peace officer_____ arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code, if the offense is committed in the presence of the peace officer.

Answer 15

shall

Question 16

Landmark court case related to escape being imminent?

Answer 16

Frye v. State

Question 17

The landmark court case allwoing for a temporary limited stop and detaining of persons to investigate possible criminal activity?

Answer 17

Terry v. Ohio, 392 U.S. 1,22 (1968)

Investigative Detention. The U.S. Supreme Court has recognized that stopping and detaining persons for the purpose of investigating possible criminal activity is sometimes necessary to the government’s interest in effective crime prevention and detention. “It is this interest which underlies the recognition that a police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest.”

Question 18

True/False A search warrant may not order the arrest of a person

Answer 18

False

Question 19

Maryland v. Shatzer- end result relating to interrogations?

Answer 19

The Court held that police may re-open questioning of a suspect who has asked for counsel if there has been a 14-day or more break in Miranda custody.

Question 20

The landmark court case dealing with officers not being able to create the exigency if it violates the fourth ammendment

Answer 20

Kentucky v. King

Question 21

Whether or not probable cause probable cause was present to support an arrest or search is a question that will be resolved by __________.

Answer 21

the courts.

Question 22

The landmark court case stating probable cause must be viewed from an officer’s perspective, not an attorney is _________

Answer 22

Illinois v. Gates, 462 U.S. 213 (1983)

Although the courts are the ultimate arbiters of what constitutes probable cause, the U.S. Supreme Court in the Gates opinion also said: “Perhaps the central teaching of our past decisions bearing on the probable cause standard is that it is a practical, non-technical conception. In dealing with probable cause…as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men (peace officers), not legal technicians (attorneys), act.” 421 U.S. at 231.

Question 23

– 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.

Answer 23

Authority

Question 24

WITHIN VIEW OF MAGISTRATE. A ______ may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.

Answer 24

peace officer

Question 25

5.06. WARRANT EXTENDS TO EVERY PART OF THE STATE. A warrant of arrest, issued by any county or district clerk, or by any magistrate (except _____), shall extend to any part of the State

Answer 25

mayors of an incorporated city or town

Question 26

means: (A) under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; or (B) under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

Answer 26

Custody”

Question 27

The landmark court case allowing an officer to approach an individual after receiving a relaible tip and remove a concealed weapon without further justification is _________

Answer 27

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

Question 28

Identify nine factors that may be used to establish probable cause.

Answer 28

• High crime area • Recognize through smell (smell marihuana in vehicle) • Location of suspect (stuck in chimney of closed business) • Has possession of fruits of crime (has stolen goods) • Furtive gestures (sticking object under vehicle seat) • Time of day or night • Abnormal demeanor • Dress, clothing, or physical condition of suspect • Information provided by a credible informant

Question 29

Possession of or Proximity. Finding a stolen TV is a burglary suspect’s vehicle, they could be considered _______.

Answer 29

fruits of the crime.

Question 30

What are the three classifications between peace officers and persons?

Answer 30

1) Consensual Encounter
2) Investigatory Stops/Detentions
3) Arrests

Question 31

Who decides if probable cause was present to support an arrest?

Answer 31

Courts

An officer may arrest for that offense which the probable cause leads the officer to believe is occurring or has occurred. Whether or not probable cause was present to support an arrest or search is a question that will be resolved by the courts.

Question 32

•_____: 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).

Answer 32

Investigatory Stops/Detentions:

Question 33

What information may be used to prove probable cause to the courts?

Answer 33

Only that information known to the officer at the moment of the seizure or search will be considered by the court- any evidence found after the arrest or during the search will not be admissible to prove probable cause.

Question 34

TCOLE definition: _____ lasting for a time only; continuing for a limited time

Answer 34

Temporary detention is “holding a person for a limited time, but who, as yet, is not answerable to a criminal offense.”

Question 35

The landmark court case dealing with officers not being able to create the exigency if it violates the fourth amendment

Answer 35

Kentucky v. King

Question 36

The four elements that have been used by courts to determine whether an arrest has occurred?

Answer 36

Intent

Authority

Actual seizure

Understanding

Question 37

Art. 14.01. Offense Within View. A peace officer may arrest an offender without a warrant for any offense committed in his _______ or _____ ____ _____.

Answer 37

presence; within his view.

Question 38

Elements for temporary detention:

first required element is

Answer 38

1 Reasonable suspicion by a peace officer that some out of the ordinary activity is or has taken place. You must be able to articulate why you have detained this person.

Question 39

U.S v Mendenhall: A female police officer, who arrived to conduct the search of respondent’s person, also asked respondent if she consented to the search, and respondent replied _____.

Answer 39

that she did

Question 40

Art. 14.031. Public Intoxication. In lieu of arresting an individual who is not a child and who commits an offense under 49.02. Penal Code, a peace officer may release the individual if:

Answer 40

1. The officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and the individual:

(A) is released to the care of an adult who agrees to assume responsibility for the individual; or

(B) verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program admits the individual forr treatment.

Question 41

Elements for temporary detention:

what may you do with the detained individual?

Answer 41

4 An officer may conduct an interview to determine what, if anything is occurring. The court will consider the status of the person being interviewed (i.e. are they in custody or free to leave).

Question 42

Art. 14.01. Offense Within View. A peace officer or any other person, may, without a warrant, arrest an offender when the offense is one classed as a ______ or as an offense against the _____ _____.

Answer 42

felony: public peace.

Question 43

OFFENSE WITHIN VIEW. A peace officer or ______, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

Answer 43

any other person

Question 44

Recognition Through Senses to Establishing Probable Cause. Use of the senses to find probable cause.

Answer 44

1. Smell- something burning- marijuana. 2. Sight- what are you seeing, what are you not? Visual cues are very important in helping your ascent towards probable cause. 3. Hearing- What sounds can lead to finding probable cause. A person screaming for help, a gun shot, explosion. 4. Touch- what may touch help you establish? You need to articulate what it was that led to seizure.

Question 45

Elements for temporary detention:
During an investigation, what must an officer make between what he finds and why it is suspicious?

Answer 45

2 Some indication to connect the person, to be detained, with the suspicious activity. What is the suspicious activity? How is the person connected to the activity?

Question 46

Which U.S. Constitutional amendment is the primary focus of the Miranda v. Arizona case? A: 6th

B: 5th

C: 4th

D: 3rd

Answer 46

B: 5th

Question 47

•_____: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).

Answer 47

Arrests:

Question 48

Art. 14.03. Authority of Peace Officer. Any peace officer may arrest, without warrant:

Answer 48

1. Person found in suspicious places and under circumstances which reasonably show that person has committed a felony or breach of the peace.
2. Person who the officer has probable cause has committed assault and the officer has probable cause to believe the person will cause further bodily injury to another person.
3. An officer has probable cause to believe a person committed an offense describe in 25.07 (protective order) if the offense is not committed in his presence.
4. Officer has probable cause a family violence offense has been committed.

Question 49

According to the CCP 14.01, a citizen may, without a warrant, arrest an offender when the offense committed within their view is a ______

A: felony

B: traffic violation

C: misdemeanor

D: violation of city ordinance

Answer 49

A: felony

Question 50

The right of the people to be secure in their ____, ____, ____, and _____, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Answer 50

persons houses papers effects

Question 51

____________________ exists when “the facts and circumstances within their 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 been committed by the person to be arrested.

Answer 51

Probable cause to arrest.

Question 52

PREVENTING CONSEQUENCES OF THEFT. Any person has a right to prevent the consequences of theft by _____ any personal property that has been stolen and bringing it, with the _____ suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be________ to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.

Answer 52

seizing

person

reasonable ground

Question 53

When is there a requirement of probable cause in relation to an action by a peace officer. Also, the name of this class.

Answer 53

Arrest, search, and seizure.

Question 54

Possession of or Proximity. A knife found on a cutting suspect would be considered _______.

Answer 54

tools of a crime.

Question 55

RIGHTS OF OFFICER. In each case enumerated where arrests may be_____ made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making an arrest without a warrant may not enter a residence to make the arrest unless: (1) a person who resides in the residence _____ to the entry; or (2) ___require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.

Answer 55

lawfully

consents

exigent circumstances

Question 56

When in relation to being interrogated must someone be advised of their rights?

Answer 56

Prior to interrogation

Question 57

What information may be used to prove probable cause to the courts?

Answer 57

Only the information known to the officer at the moment of the seizure or search will be considered by the court. Any evidence found after the arrest or during the search will not be admissible to prove probable cause.

Question 58

According to the CCP 11.21, what is the actual forcible detention of a person and other coercive measures to detain him within certain limits?

A: temporary detention

B: restraint

C: arrest

D: constructive custody

Answer 58

D: constructive custody

Question 59

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

Answer 59

Understanding

Question 60

?

TCOLE definition: _____ holding a person in custody or confinement

Answer 60

Art. 11.21. CONSTRUCTIVE CUSTODY. 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 the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.

Question 61

AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant:

(1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some ____, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has ______ to believe that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code, if the offense is not committed in the _____ of the peace officer;
(4) persons who the peace officer has probable cause to believe have committed an offense involving _____
(5) persons who the peace officer has probable cause to believe have prevented or interfered with an individual’s ability to _______in an emergency, as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer; or
(6) a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a _____.

Answer 61

1) felony
2) probable cause
3) presence
4) family violence;
5) place a telephone call
6) felony

Question 62

Creager v. State - consensual and voluntary nature of statements?

Answer 62

No written statement made by an accused as a result of custodial interrogation is admissible as evidence against him in any criminal proceeding unless it is shown on the face of the statement that he received Miranda warnings.

Question 63

Landmark court case dealing with breaking up a fight justifying entry into a residence without a warrant

Answer 63

Brigham Ciyt, Utah v Smart

Question 64

______ 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.

Answer 64

RESTRAINT.

Question 65

Art. 14.02. Within View of a Magistrate. A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate ______ ______ the arrest of the offender.

Answer 65

verbally orders.

Question 66

What may be required of a detained individual?

Answer 66

5 A person cannot be required to identify himself, even when a detention is lawful. You may orally command the person to remain for a reasonable length of time that can be satisfactorily accounted for, while actively involved in the investigation at hand. You may take the person with you to check out a possible crime scene. Persons who have been lawfully detained are under no obligation to answer questions posed by officers.

Question 67

15.25 MAY BREAK DOOR In case of _____ the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.

Answer 67

Felony.

Question 68

If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of ______.

Answer 68

the violation or of family violence

Question 69

A peace officer _____ arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07. Penal Code, if the offense is committed in the presence of the peace officer.

Answer 69

SHALL.

Question 70

Elements to establishing probable cause. What action does a person make by not making eye contact while trying to hide an object or action?

Answer 70

Furtive Act.

Question 71

What US Constitution protects against self-incrimination?

Answer 71

THE 5th

Question 72

____________________ exists when “the facts and circumstances within their knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that seizable property would be found in a particular place or on a particular person.

Answer 72

Probable cause to search.

Question 73

15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE. A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to _____; and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any ____.

Answer 73

any part of the State; county in this State.

Question 74

U.S v Mendenhall: At the office, the agent asked respondent if she would allow a search of her person and handbag and told her that she had the right to decline the search if she desired. She responded: “___and handed her purse to the agent.

Answer 74

Go ahead,”

Question 75

CONSTRUCTIVE CUSTODY. The words “___”, “_____”, “______”, “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 the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.

Answer 75

confined

imprisoned

in custody

Question 76

Elements to establishing probable cause. How can a “high crime rate area” be considered as an element for probable cause?

Answer 76

A “high crime rate area” cannot be used as a single factor for probable cause they will need the totality of the circumstances.

Question 77

A______ may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant’s last known address. If a defendant fails to appear in response to the summons a _____ shall be issued.

Answer 77

summons warrant

Question 78

This court case was a result of improper persuasion by the investigator who conducted the interrogation.

a. Creager v. State
b. Aguilar v. Texas
c. Maryland v. Shatzer
d. Kentucky v King

Answer 78

a (The Court found the interrogation was the product of improper persuasion and should have been suppressed. One of the core issues in this judgement was the fact that the investigator told Creager his confession could be used “for or against” Creager. )

Question 79

WARRANT OF ARREST. A “warrant of arrest” is a_____ from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.

Answer 79

written order

Question 80

Geographic or Temporal Proximity to a Crime. How can probable cause be developed?

Answer 80

By associating the person, place, and time.

Question 81

What court case deals with peace officers advising persons in custody prior to interrogation that they have the right to an attorney and if they can’t afford an attorney, one will be appointed to them?

Answer 81

Miranda v Arizona

Question 82

True/False A warrant of arrest is a written or verbal order from a magistrate directed to a peace officer or other person specially named, commanding him to take the body of the person accused of an offense to be dealt with according to law

Answer 82

False Written order

Question 83

REQUISITES OF WARRANT. It issues in the name of “______”, and shall be sufficient, without regard to form, if it have these substantial requisites: 1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some ______ description must be given of him. 2. It must state that the person is accused of some offense against the laws of the State, _____ the offense. 3. It must be _____ by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.

Answer 83

The State of Texas

reasonably definite

naming

signed

Question 84

15.23 TIME OF ARREST An arrest may be made on any day or any time of the day or night. True or False.

Answer 84

TRUE

Question 85

Elements to establishing probable cause. Abnormal demeanor.

Answer 85

The conduct could be as innocent as guilty the need of other factors are necessary to find criminal behavior.

Question 86

The right of the people to be secure in their persons, houses, papers, and effects, against______ searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Answer 86

unreasonable

Question 87

Based on mere suspicion, an officer may approach and question suspicious people in the area. Which of the following is not true regarding the field inquiry?

A: people may refuse to answer questions

B: people may not be required to identify themselves

C: people may not be detained

D: people may be required to identify themselves and be detained

Answer 87

D: people may be required to identify themselves and be detained

Question 88

A person is arrested when he has been actually placed under _____ or taken into ____ by an officer or person executing a ________ or by an officer or person arresting without a warrant.

Answer 88

restraint

custody

warrant of arrest,

Question 89

14.031. PUBLIC INTOXICATION. (a) In lieu of arresting an individual who is not a child, as defined by Section 51.02, Family Code, and who commits an offense under Section 49.02, Penal Code, a peace officer may release the individual if:

(A) the officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and (2) the individual:

(B) is released to the care of an adult who agrees to assume responsibility for the individual; or

(C) verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program admits the individual for treatment.

(D) All of the above

Answer 89

D All of the above

Question 90

WHEN FELONY HAS BEEN COMMITTED. Where it is shown by satisfactory proof to a peace officer, upon the representation of a _____, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, _____, pursue and arrest the accused.

Answer 90

credible person

without warrant

Question 91

If subjective good faith alone, of probable cause, were the test, the protection of the 4th Amendment would evaporate, and the people would be “ secure in their persons, houses, papers, and effects’ only in the discretion of the police”.

Answer 91

Beck v Ohio (1964).

Question 92

• ______: 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);

Answer 92

Consensual Encounters:

Question 93

Landmark court case related to not entering a home on for a routine felony arrest absent exigent circumstances

Answer 93

Payton v New York

Question 94

Elements to establishing probable cause. Time and day or night requirement…

Answer 94

Requires more than just the condition but rather other circumstances.

Question 95

Landmark court case stating probable cause must be viewed from an officers perspective, not an attorneys.

Answer 95

Illinois v Gates.

Question 96

15.24 WHAT FORCE MAY BE USED In making an arrest, all reasonable means are permitted to be used to effect it. ______________ however, shall be resorted to than is necessary to secure the arrest and detention of the accused.

Answer 96

No greater force.

Question 97

The court will examine the ___________________ surrounding the seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the 4th Amendment.

Answer 97

“totality of the circumstances”.