Lecture Flashcards
T/F: Every arrest must be based on probable cause.
True, so write it somewhere.
Three types of contact between peace officers and citizens. What are they?
- voluntary encounter (just walking up)
- temporary detention (Terry stop; reasonable suspicion)
- arrest (probable cause - 4th Amend)
T/F: If the officer has probable cause, his subjective intent is irrelevant:
True. Pretext irrelevant.
T/F: An unlawful arrest does not require the reversal of a conviction, but any evidence seized pursuant to an illegal arrest is generally subject to exclusion.
True.
What happens if D is arrested without probable cause, is given Miranda warnings, and voluntarily confesses?
The confession will be held inadmissible as a product of the illegal arrest. Miranda warnings do not themselves cure an illegal arrest.
What are requirements for TX arrest warrants?
a. Written order by magistrate, issued in name of “The State of Texas”;
b. Name of offender or a reasonable description;
c. Nature of offense, e.g., “murder”;
d. Signed and dated by magistrate; and
e. Office of magistrate stated, e.g., “Judge, Criminal District Court Number One, Tarrant County, Texas.”
T/F: The warrant is not required to be in actual possession of arresting officer.
True.
A magistrate in Harris County issued an arrest warrant for D. Fort Bend County officers received a copy of the warrant and arrested D in that county.
Was Officer authorized to arrest D under these circumstances? Explain fully.
Yes. TX warrant extends to entire state and can be executed in any TX county at any time.
What must probable cause in a search warrant show?
a. What specific offense was committed;
b. Property sought constitutes evidence of that offense; and
c. That property sought is at the location to be searched
Explain TX’s good-faith exception for warrants.
When a magistrate has issued a defective warrant and the warrant is based on probable cause, if the executing officer objectively believes in good faith that the warrant is valid, the evidence is admissible.
*Still need probable cause
Detective obtains a warrant, authorizing the search of D’s apartment and his felony arrest. Upon arrival, Detective knocks on D’s door, announcing that he has a warrant. D yells, “Go away, I ain’t opening the door.” Detective breaks down the door, arrests D and conducts the search. Does Detective have the authority to break down D’s door in order to enter the apartment? Explain fully
Yes. Felony cases break-down door to arrest, if refused admittance, if refused authority and admittance.
T/F: Burden on State to prove voluntariness of a confession.
True.
T/F: Involuntary statements are always inadmissible, even for impeachment.
True.
T/F: Once suspect has clearly and unambiguously requested counsel, 5th Amendment prohibits further interrogation until lawyer has been made available to him.
True, unless the suspect initiates discussion.
Once the 5th Amendment right is invoked (silence), what happens?
Once 5th Amendment right is invoked, it applies to interrogations about all other crimes of which suspect may be suspected.
T/F: Mere violations of Miranda rules not grounds for suppression of physical evidence.
True.
If the court finds the statement to be voluntary, and the defense raises the issue by positive evidenced adduced before the jury, the guilt/innocence charge must inform the jury that the confession is not admissible for any purpose unless the jury believes beyond a reasonable doubt that the statement was voluntarily made,
x
Before his arrest for arson, D goes to the police station and tells the receptionist that he is feeling guilty and wants to talk to any officer about the crime. But D then leaves without doing so. Prosecutor intends to call the
receptionist as a witness. What procedural step, if any, can you take to exclude the testimony from evidence? On what basis, if any, can you take this step? Explain
fully.
File a motion to suppress but won’t succeed. It is voluntary, spontaneous, non-custodial, and a statement against interest.
What is venue?
The county in which a criminal offense occurred. It is in that county that the courts will try the case, and the county from which the jurors will be summoned.
What is an indictment?
written statement of grand jury accusing a person of an offense, either by act or omission
What is an information?
written statement filed in behalf of State by the prosecution, charging an offense. (from examining trial)
T/F: A transcript of grand jury testimony is only available to a defendant prior to trial if a “particularized need” is shown.
True.
The grand jurors sent for Prosecutor and asked for his legal advice concerning their investigation of the robbery. Prosecutor appears before the grand jurors and gives them legal advice. Did the grand jurors violate the law by asking Prosecutor for his legal advice? Explain fully.
No. Prosecutor can appear and provide legal advice, only excluded during deliberations or votes.
If D appears before a grand jury, he is entitled to what warnings?
a. the right not to answer questions that may incriminate him;
b. notice of what offense he is suspected of committing;
c. the right to have counsel outside of jury room and to
consult with counsel before answering any questions;
d. right to have questions and answers recorded
