Arrest Search and Seizure test 1

What is a Consensual Encounter

Mere Suspicion / Hunch

CCP 14.02 when should a peace officer arrest in court

Officer may arrest when magistrate verbally orders

What is needed to get inside a home

Consent, Warrant or exigent circumstances

Brigham City, Utah V Stuart

Exigent Circumstances such as breaking up a violent fight permit warrantless entry into dwelling without a warrant

Kentucky V King

Officers cannot create exigency

What is Fresh Pursuit

Officer crossing into Texas from other state line pursuing a suspect

Who can stop a theft of personal property

any person

25.07 In the presence vs not in presence

Not in presence = May - In presence = shall

what can you do with someone you detained for public intox

Release to someone 18+ that they know and that person accepts, take them to jail, take them to program for treatment

4 Elements of Arrest

Intent, Authority, Actual Seizure and Understanding

CCP 14.03 (A) (1)

A peace officer must be able to articulate specific facts and circumstances. “Suspicious places and circumstances”

(Dyar v State 2003)

CCP 14.03 (A) (2)

A peace officer may arrest without a warrant Person who the peace officer has probable cause to believe have committed as assault resulting in bodily injury to another person and peace officer has probable cause to believe that there is danger of further bodily injury to that person.

CCP 14.03 (B)

B) A peace officer SHALL ARREST, without a warrant a person the peace officer has probable cause to believe has committed ab offense under section 25.07 Penal Code if the offense is committed IN the presence of the peace officer.

what is needed to arrest someone

Probable cause and Statutory Authority

14.01 (A)

A peace officer or any other person may without a warrant arrest an offender when the offense is committed in his presence or within his view if the offense is one classed as a felony or as an offense against the public place.

14.01 (B)

B) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.

Definition of restraint

Not to confine him within certain limits, but to subject him to the general authority and power

Probable cause

Probable cause is where the facts and circumstances within their knowledge, a man of reasonable caution, that an offense has been or is being committed

Brinegar V US

we deal with probabilities; not technical they are the factual and practical considerations of everyday life.

what is the definition of arrest

Officer may arrest for that offense which the probable cause leads the officer to believe is occurring or has occurred, whether probable cause was present, which will be resolved by the courts. Only the information know to the officer at the time of the seizure or search will be considered by the court, any evidence found after the arrest or during the search will not be admissible to prove probable cause.

what is probable cause

Probable cause is where the facts and circumstances within their knowledge, a man of reasonable caution, that an offense has been or is being committed.
Elements of the offense

US VS Sokolow 1989

The totality of all suspicious activity was afoot, such as travel time, location of travel, ID / plane ticket name,

Reasonable Belief

Belief held by an ordinary and prudent man

Florida V Royer 1983

alleged had license under one name while plane ticket was under another, after an officer took and held alleged ID then alleged was asked to go to another room and asked to be searched. Although alleged refuses search, the search was still performed, and weed was then found in alleged bag.