Criminal Procedure Flashcards
Probable Cause
Officer’s personal knowledge based on facts, circumstances, and reasonably trustworthy information warrants a prudent person to believe crime committed
Arrest
a deprivation of freedom of movement by actual physical restraint or custody
Warrants require:
Probable cause + particularity
Requirements of Arrest Warrant:
- In the name of “The State of Texas”
- Name or description of person to be arrested
- State the alleged offense
- Signed by magistrate
- Accompanied by sworn statement (affidavit/complaint); must establish probable cause
Exceptions to Arrest Warrant Requirement:
- Crime committed in presence of arresting party (officer or citizen)
- Reasonable belief arrestee committed a felony (officer only)
- Exceptions when there is PC:
a. Offense resulting in bodily injury with danger of further injury
b. Violating a protective order
c. Offense of family violence
d. Interference with emergency phone call
e. Felony, breach of the peace, or public intoxication and found in “suspicious place”
f. Felony and about to escape (no time for warrant)
g. Voluntary statement to police that committed a felony
i. Stolen property discovered by the officer
When must an initial appearance occur?
Must see a magistrate within 48 hours of arrest
At the initial appearance, what must the arrestee be advised of?
- Crime charged;
- Affidavits;
- Right to retain counsel (or appointment of counsel);
- Right to remain silent;
- Right to have attorney present during any police interview;
- Right to terminate interview; and
- Right to examining trial.
Form of Search Warrant
- “State of Texas”
- Identify people/objects
- Signed and dated
Evidentiary Warrant Requirements
Must allege sufficient facts to establish PC that:
1. Specific offense has been committed;
2. Specifically described property constitutes evidence of offense or particular person committed that offense; and
→ Only described items may be seized (unless independent grounds)
→ May not be issued for “personal writings of accused” as mere evidence
→ May not be issued for media property as mere evidence
3. Property is located in a particular place or on particular person
When must a search warrant be executed?
Within 3 days not including day of issuance and day of execution
When must a search warrant for a DNA specimen be executed?
Within 15 days
When must a search warrant for electronic consumer data be executed?
Within 11 days
What is Franks Hearing?
An evidentiary hearing held after ∆ alleges deliberate or reckless falsity of the affidavit underlying the search warrant.
Court may only look to the four corners of the affidavit
Exceptions to Search Warrant Requirement
- Search incident to lawful arrest
- Hot pursuit
- Emergencies
- Stop and Frisk
- Automobiles
- Plain-View Doctrine
- Consent
- Administrative Searches
Jurisdiction of District Court
Original jurisdiction for felonies, official misconduct, and cases transferred from county courts
Jurisdiction of County Court
Original jurisdiction for all misdemeanors not under the exclusive jurisdiction of justice court and fine exceeds $500
Appellate jurisdiction for criminal cases originating in inferior courts
Jurisdiction of Justice Courts
Original jurisdiction for cases punished by fine
Jurisdiction of Municipal Courts
Exclusive jurisdiction over criminal ordinance violations within territorial limits punishable by fines not exceeding $500
Concurrent Jurisdiction with justice courts if committed within territory, violates state law, and punishable by fine or sanction.
Jurisdiction of Court of Appeals
All criminal cases except death penalty
Jurisdiction of Court of Criminal Appeals
Final appellate jurisdiction in all criminal cases
Discretionary review, except for death penalty cases
Proper Venue
Any county where offense occurred or offender is found
If neither, where offender resides
Time Limitations on Actions (General)
Felony indictment within 3 years of commission
Misdemeanor within 2 years of commission
