search and seizure

Question 1

Types of contacts with peace officers

Answer 1

Voluntary encounters
Temporary Detentions
Arrests

Question 2

Temporary detentions

Answer 2

Require a reasonable suspicion that someone has committed or is about to commit an offense (Terry).
A temp detention is not an arrest. Aritculable explanation as the reason an officer thins a suspect may be armed. Right to pat down

Question 3

Kinds of arrest

Answer 3

Warrantless

Under warrant

Question 4

What is probable cause?

Answer 4

It exists when an officer has reasonably trustworthy information that would lead a reasonable person to believe that an offense has been or is being committed.

Question 5

How does probable cause originate?

Answer 5

PC for an arrest may be based on information from a citizen, personal knowledge by an arresting officer or others, or information, including hearsay, from a reliable informant.
It cannot be based solely on an anonymous tip, but when a tip is corroborated by other reliable information it may be sufficient.

Question 6

Arrest and PC

Answer 6

A search incident to arrest is valid when probable cause to arrest exists prior to the search.

Question 7

Illegal Arrest or Pretextual arrest?

Answer 7

Pretextual arrest not illegal. Under federal and texas law, if the officer has probable cause, his subjective intent is irrelevant

Question 8

Illegal arrest – court Jx?

Answer 8

An illegal arrest does not deprive the court of jx to convict a D. 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.

Question 9

No PC but Miranda Warnings, what result?

Answer 9

Miranda warnings do not cure an illegal arrest. D subsequent confession in an arrest with no probable cause is not admissible as a product of an illegal arrest.

Question 10

Warrantless Arrest in Texas

Answer 10

Governed by Chapter 14, TCCP, a warrantless arrest of a person is unreasonable unless authorized by statute. If PC exists, the following warrantless arrests are allowed:

a. Presence or view of officer
b. Suspiciosplaces or circumstances
c. Violation of protective order
d. Assaults
e. Fleeing felons
f. Fugitives from another state

Question 11

Search

Answer 11

Governmental acts that invade a person’s subjective reasonable expectation for privacy

Question 12

Seizure person

Answer 12

Detention of a person where the person is not free to leave based on a reasonable-innocent person standard, not the subjective intent or belief of either the police officer or the defendant.

Question 13

What is a search warrant?

Answer 13

a written order issued by a neutral and detached magistrate, ordering peace officer to search for property, seize it, and return it to the magistrate

Question 14

How does an officer obtain a search warrant?

Answer 14

By a sworn affidavit presented to the magistrate. M determines whether under the totality of the circumstances probable cause exists.

Question 15

Is a warrant required to be in actual possession of an arresting officer?

Answer 15

No.

Question 16

When is the suspect made to appear before M?

Answer 16

An initial appearance before a Magistrate after the arrest must occur without unnecessary delay, but no later than 48 hours after arrest.

Question 17

What does the Magistrate do at the initial appearance?

Answer 17

The Magistrate shall inform the defendant of:

a. Charges
b. His right to retain counsel or to appointed counsel if indigent
c. His Miranda rights, including the right to terminate an interview at any time
d. His right to an examining trial (only pre-indictment felonies), and
e. If authorized by law, set bail

Question 18

Search under a warrant

Answer 18

PC must show
The specific offense that was committed
The property sought constitute evidence of that offense, and that property sought is at the location to be searched

Question 19

Search and arrest warrant

Answer 19

A search warrant may also order the arrest of a person f the affidavit establishes probable cause that the person has committed a crime.

Question 20

What should a warrant contain?

Answer 20

1. Issued in the name of “The State of Texas”
2. Identifies thing to be seized and property to be searched
3. Commands peace officer to conduct a search; and
4. Dated and signed by a magistrate, and his/her name also typed.

Question 21

How long can officers take to execute a warrant?

Answer 21

It must be executed without delay, but in no event longer than three days after issuance

Question 22

How is a search warrant executed?

Answer 22

Officer must first knock and announce identity before entering residence. Exception: if