Test 8

Question 1

There are three classifications of interactions between peace officers and persons:

Answer 1

Consensual Encounters
Investigatory Stops/Detentions:
Arrests:

Question 2

Consensual Encounters:

Answer 2

Consensual Encounters: 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,

Question 3

Florida v. Royer,

Answer 3

Consensual Encounters:

Question 4

Investigatory Stops/Detentions:

Answer 4

The temporary seizure of a person for investigation based on an officer’s reasonable suspicion of criminal activity.

Question 5

Terry v Ohio

Answer 5

officer can detain without arrest, and frisk for officer safety
when there is reasonable suspicion that a crime is about to be committed. Court rules
that detention is a seizure, and frisk is a search, but is allowable since they are
temporary and limited in scope.

Question 6

Arrests:

Answer 6

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

Question 7

U.S. v. Mendenhall

Answer 7

Arrests

Question 8

Reasonable Suspicion -

Answer 8

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 9

There are four elements that have been used by courts to determine whether an arrest has occurred:

Answer 9

• Intent – A peace officer’s purpose or intention to take a person into the custody of the law.
  • Authority – 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.
  • Actual seizure – The person arrested is taken into custody either by physical force or by submission to assertion of authority.
  • Understanding – by the person to be arrested of the officer’s intention to arrest

Question 10

When a person is arrested CCP 15.22

Answer 10

• A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.

Question 11

Constructive Custody CCP 11.21

Answer 11

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 not by handcuffs but by telling him

Question 12

Restraint CCP 11.22

Answer 12

• By “restraint” is meant 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

Question 13

Duties of arresting officer and magistrate CCP 15.17

Answer 13

– Take the subject offender a magistrate either in person or videoconference no later than 48 hours after arresting him/her. Not a guilty trial but just for the magistrate to make sure offender understands his rights

Question 14

Probable Cause to make an arrest

Answer 14

Specific person has committed a specific crime

Question 15

Warrant =

Answer 15

Their name, their offense, magistrate signature.

Question 16

Probable Cause to Search =

Answer 16

what we want to look for and where we want to look for

Question 17

Carroll doctrine “Automobile exception”

Answer 17

must have probable cause if you believe there is something illegal in the vehicle and the vehicle is readily mobile (means it could be driven on the street) and that makes it a vehicle so you can search it, if it has those two things and can search it bumper to bumper

Question 18

Definition of custody found in PC 38.01 -

Answer 18

(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.

Question 19

Maryland v. Shatzer

Answer 19

fourteen-day break in Miranda custody.

Question 20

Miranda v Arizona

Answer 20

Miranda rights

Question 21

Creager v. State

Answer 21

We granted discretionary review of this case to decide if the court of appeals had correctly analyzed the appellant’s claim that his written statement was involuntary

Question 22

Frye v. State

Answer 22

(Peace officer need only show that he reasonably believed escape was imminent and no time to procure a warrant).

Question 23

Dyar v. State

Answer 23

– Peace officers must be able to articulate specific facts and circumstances to justify an arrest regarding “suspicious places” and “circumstances”.

Question 24

Arrest without warrant

Answer 24

• Offense Within View -
• Within View of a Magistrate
• Authority of a Peace Officer
• Mandatory Arrest Authority
• Public Intoxication
• When felony has been committed
• Rights of Officer
• Arrest by peace officer from other jurisdiction

Question 25

Kentucky v. King

Answer 25

(Peace officers cannot create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment).

Question 26

Brigham City, Utah v. Smart

Answer 26

(exigent circumstances such as breaking up a violent fight permit warrantless entry into dwelling without a warrant.

Question 27

Payton v. New York

Answer 27

(absent exigent circumstances, a peace officer may not make a warrantless entry into a suspect’s home to make a routine felony arrest)

Question 28

Capias

Answer 28

to arrest a certain person, after bond before trial

Question 29

what can you do with mere suspicion

Answer 29

Computer checks may be made of license plates.

Surveillance may occur. Officers can lay back and watch the individual(s) or activity suspected for additional facts and circumstances that amount to more than mere suspicion.

Officers can initiate a police-citizen encounter so long as the officer understands the persons approached do not have to identify themselves or answer the officer’s questions, and are free to simply walk away.

The officer’s objective is to obtain articulable facts and circumstances that rise to the level of either reasonable suspicion which gives officers the power to detain or probable cause which permits the officer to arrest.

Question 30

Mere suspicion:

Answer 30

A hunch or the feeling of intuition

Question 31

Probable cause to search exists

Carroll v. United States

Answer 31

seizable property would be found in a particular place or on a particular person].” what we want to look for and where we want to look for

Question 32

Probable cause to arrest

Brinegar v. United States

Answer 32

Specific person has committed a specific crime

Question 33

Temporary Detention

Answer 33

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

Question 34

Elements required for temporary detention:

Answer 34

– Reasonable suspicion by a peace officer that some activity out of the ordinary is or has taken place.
– Some indication to connect the person, to be detained, with the suspicious activity.
– Some indication the suspicious activity is related to a specific offense.
– 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)
– 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 35

what is a pat down (frisk)

Answer 35

• A “pat down” of the outer clothing of a person whom you have stopped
• To protect the safety of the officer
• Not a fishing expedition
Permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; The officer must articulate the facts, observations, and information known at that particular point in time with regards to that particular person that led the officer to believe that the frisk was necessary to insure the officer’s safety and the safety of others

Question 36

Who may be searched and what may be seized

Answer 36

Persons
• Officers may pat down entire body, but the outside of clothing only at the beginning of the frisk. If the officer detects a weapon, the officer may place her hand inside the clothing to retrieve the weapon.

Vehicles •	A limited search of the passenger compartment of a motor vehicle for weapons.  Michigan v. Long, 

Weapons found during a frisk can be seized and arrests made.
• Plain feel/touch
• Contraband found during a frisk in which it was immediately apparent (by touch or feel) to the frisking officer that it was contraband may be admissible at trial.( Minnesota v. Dickerson,
• A reasonable amount of force may be used to frisk

Question 37

Search defined:

Answer 37

A search is generally defined as an examination or inspection of a location, vehicle, or person

Question 38

Evidence and what is it

Answer 38

Evidence is defined as anything to be offered in court to prove the truth of facts at issue in a case.  The object of a search is anything of evidentiary value  
Fruits of the crime
Tools of a crime
Contraband Mere evidence
list in ccp 59

Question 39

Search Warrant

Answer 39

Search warrants are issued based upon probable cause
The reviewing magistrate will determine probable cause from information contained in the affidavit supporting the warrant.
The warrant must specify the items to be searched for and the specific location of the search..

Question 40

All search warrants are knock and announce except when?

Answer 40

The exceptions are a “reasonable suspicion” that knocking and announcing would:
Present a threat of physical violence, such as occupant’s criminal history or propensity for violence;

Be futile or a “useless” gesture;

Result in the likelihood that evidence would be destroyed.
Hudson v. Michigan

Question 41

search without warrant

Answer 41

Search incidental to Lawful Arrest:
A person under arrest may be searched;
The area immediately around the person arrested may be searched, and;
The passenger compartment of a motor vehicle may be searched incident to arrest of an occupant only if the officer can demonstrate he or she had reason to believe evidence of the crime for which the suspect was arrested will be found in the car

Question 42

Open Fields Exception to the Warrant Requirement.

Answer 42

The Fourth Amendment does not protect open fields.
Officers may enter and search open fields.
An open field begins where the curtilage surrounding a dwelling ends

Question 43

Curtilage

Answer 43

is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.

Question 44

Consent Searches

Answer 44

Consent to a search is considered a waiver of a constitutional protection, and as such, the waiver must be voluntary and knowing. There is no requirement of probable cause for this search.

The person granting consent remains in control of the search and may limit the scope of the consent or revoke it entirely. The person must be in a position to revoke the consent at anytime.

Courts will consider consent involuntary if it is obtained by duress, coercion, or is a mere acquiescence to authority claimed by the officer.

Consent is difficult to prove at trial. Officers should obtain consent in writing when possible. If a written consent form is not available, a recording of the suspect granting consent should be preserved.

See Schneckloth v. Bustamonte

Question 45

Who may give consent to search?

Answer 45

Parent/child – parents may usually consent to the search of a minor child’s room
Spouses – each spouse may generally consent to a search of the entire premises; however, officers should note that if both spouses are present and one says no, then the answer is no.
Roommates – their own rooms and the common area
Landlord / tenant – a landlord may not consent to a search of a dwelling that is rented
Hotel / motel – clerks may not consent to a search of a room that is paid for
Employers – generally controlled by the presence or absence of a policy putting the employee on notice of her diminished privacy expectations
Schools – school administrators operate under a less rigorous standard than do peace officers; however, officers assigned to schools do not enjoy the same lesser standard.

Question 46

Abandoned property

Answer 46

What determines abandonment is the intent of the person leaving behind or discarding the property. If the intent of the person was to relinquish all title, possession, or claim to that property, it will be deemed abandoned and subject to search without a warrant.
Comer v. State

Question 47

Exigent Circumstances

Answer 47

Serious injury: officers may enter without a warrant to render emergency assistance to an occupant or protect an occupant from serious injury. Brigham City, Utah v. Stuart,

Prevent a person from entering a home: officers who have probable cause to believe that a person has hidden contraband in his home may prevent that person from entering the home while they obtain a search warrant. Illinois v. McArthur,

Prevent the imminent destruction of evidence: officers may enter a residence to prevent the destruction of evidence. McNairy v. State,

Dangerous weapons or instrumentalities: officers may enter without a warrant if they believe a dangerous weapon is present or was used and someone needs assistance. US v. Good, US v. Lindsey,

Community caretaking: very similar in application to the emergency aid doctrine wherein an officer enters to render aid to a person in need. Wright v. State,

Question 48

Plain view

Answer 48

This exception has two prerequisites:
The officer must be lawfully present to see what they see , and;
It must be immediately apparent to the officer that what they see is contraband or somehow connected with criminal activity.
See Horton v. California,

Question 49

Impound and inventory

Answer 49

An impoundment occurs when peace officers take possession of a motor vehicle and move it to a police lot or garage for safekeeping, rather than leave the vehicle unattended. Once impounded, peace officers inventory the vehicle’s contents.

Question 50

Impound and inventory

Answer 50

An inventory is an administrative, caretaking procedure designed to prevent false claims of lost or damaged property being made against a police department and to safeguard the police and others from potential danger. South Dakota v. Opperman,.

It is important to note that, under Texas law, before an inventory of a vehicle will be lawful, the underlying impoundment of the vehicle must be lawful.
An impoundment of a vehicle based solely on a department policy will not be a sufficient basis for impounding the vehicle. Benavides v. State,

Generally, a person who is under arrest may make alternate arrangements for his vehicle

Question 51

Exclusionary Rule:

Answer 51

The purpose of the rule is to deter police misconduct. Therefore, any evidence obtained by peace officers using methods that violate a person’s constitutional rights (such as an unreasonable search in violation of the Fourth Amendment) cannot be used against a defendant in a criminal prosecution. Mapp v. Ohio

Question 52

Fruit of the Poisonous Tree Doctrine:

Answer 52

Extends the exclusionary rule to evidence not only directly obtained as a result of unconstitutional police behavior but also to evidence indirectly obtained. See Silverthorne Lumber Co. v. United States,

Question 53

18.06. Execution of warrants

Answer 53

A peace officer to whom a search warrant is delivered shall execute the warrant without delay and forthwith return the warrant to the proper magistrate.

Question 54

CCp 18.01 Search Warrants

Answer 54

A “search warrant” is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.

Question 55

CCP 18.11. Custody of property found

Answer 55

Property seized pursuant to a search warrant shall be kept as provided by the order of a magistrate issued in accordance with 18.10 The officer who seized the property shall retain custody of it until the magistrate issues an order directing the manner of safekeeping the property.  The property may not be removed from the county in which it was seized without an order approving the removal unless testing

Question 56

Protective sweep

Answer 56

The rule that when police officers execute an arrest on or outside private premises, they
may conduct an examination of the entire premises, without warrant, for other persons
whose presence may pose a danger to their safety or to evidence capable of being
removed or destroyed.

Question 57

Chimel vs. California

Answer 57

Incident to arrest an officer may search the person and the “area within the immediate
control”

Question 58

Carroll vs. US

Answer 58

Do not need a warrant to search a vehicle b/c it being “readily mobile” constitutes
exigent circumstances.

Question 59

Wong Sun vs. US

Answer 59

. Evidence obtained after illegal government action will be excluded
from evidence. This includes physical/tangible as well as intangibles such as
subsequent confessions, admissions, identifications, and testimony obtained as a result
of the initial unlawful act.

Question 60

“plain view” doctrine

Answer 60

That anything a police officer sees in plain view, when that officer has the right to be
where he or she is, is not the product of a search and is therefore admissible as
evidence. So with plain view you can seize the item without a warrant. Definition of plain
view: Object falling in plain view of officer who has the right to be in position to have that
view are subject to seizure without a warrant and may be introduced in evidence.