Pre-Trial Issues: Arrests

Question 1

Temporary Detentions Require

Answer 1

Reasonable Suspicion

Question 2

Temporary Detention Pat down Require

Answer 2

Articulable Explanation

Question 3

Arrests Require

Answer 3

Probable Causes

Question 4

Arrest Definition

Answer 4

(1) Whether they would have felt free to decline the peace officer’s request or otherwise terminate the contact.
(2) Application of force or a submission

Question 5

Probable Cause Definition

Answer 5

Reasonable Trustworthy information that would lead a reasonable person to believe a crime has or is about to be committed.

Question 6

Probable Cause cannot be based solely

Answer 6

on an anonymous tip, unless corroborated by sufficiently reliable information.

Question 7

Illegal Arrest Rules (4)

Answer 7

(1) Police officer subjective intent does not matter
(2) Evidence from is generally subject to exclusion
(3) if found in a car, can arrest all occupants
(4) Miranda warnings do not by themselves cure illegal arrests

Question 8

Warrantless Arrests Require

Answer 8

Probable Causes

Question 9

Warrantless Arrests Statute Allows (10)

Answer 9

(1) Presence or view of officer
(2) Suspicious places of circumstances
(3) Violation of a protective order
(4) Preventing consequences of theft
(5) Presence or view of magistrate
(6) Assaults
(7) Fleeing Felons
(8) Fugitives from another state
(9) Interfering with Emergency phone calls
(10) When suspect makes admissible confession of a felony

Question 10

Arrests Under Warrant Requires

Answer 10

Probable Cause

Question 11

Warrant is required for private property except: (2)

Answer 11

(1) Consent

(2) Exigent circumstances

Question 12

Must knock and identify when entering private property, unless (3)

Answer 12

(1) futile
(2) dangerous
(3) likely to result in evidence of destruction

Question 13

Violation of knock requirement

Answer 13

Does not require suppression of evidence

Question 14

Requirements for Texas Arrests Warrants (6)

Answer 14

(1) Written order by Magistrate
(2) Issued in the name of Texas
(3) Name of offender or reasonable description
(4) Nature of offense
(5) Signed and Dated by magistrate
(6) Office of magistrate stated, “Judge, Criminal District Court Number, Tarrant County, TX”

Question 15

Arrest Warrant Extends to (2)

Answer 15

(1) Any party of Texas

(2) Any peace officer can execute it

Question 16

Time, Force, and Notice connected with arrest (6)

Answer 16

(1) made any time, day or night
(2) Only reasonable force may be used
(3) Knock and Announce
(4) Police may break down door if admittance refused after giving proper notice
(5) the accused must be informed under what authority the arrest is made
(6) Warrant doesn’t have to be in actual possession of arresting officer

Question 17

Appearance Before Magistrate Timing/Initial Appearance (2)

Answer 17

(1) without unnecessary delay,

(2) no later than 48 hours after arrest

Question 18

Initial Appearance (5)

Answer 18

Magistrate must inform arrestee:

(1) Charges
(2) Right to retain counsel or to be appointed if indigent
(3) Miranda rights, right to terminate interview at any time
(4) Right to Examining Trial (only indictment felonies)
(5) If authorized by law, set bail