CVRLEA BPOC - CH 10 - Arrest, Search, and Seizure [Review]
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101 Terms
Which of the following can authorize a personal bond?
Magistrate
3 multiple choice options
The "_____" doctrine is the notion that evidence obtained after illegal government action will be excluded from evidence. This pertains not only to physical or tangible materials generally subject to the "Exclusionary Rule," but also intangibles such as subsequent confessions, admissions, identifications, and testimony obtained as a result of the initial unlawful activity.
Fruit of the Poisonous Tree
3 multiple choice options
Examples of suspicion are?
What you see, hear, and smell.
3 multiple choice options
What can an officer do with suspicion?
They may conduct an investigation to determine what, if anything, is occurring.
3 multiple choice options
A written order of a magistrate, directed to a peace officer commanding him to take the body of a person accused of an offense, to be dealt with according to law is:
warrant of arrest.
3 multiple choice options
An affidavit for an arrest warrant is:
a complaint.
3 multiple choice options
If an officer has a legal right to be where he is and has an opportunity to see evidence of a crime, he may seize that evidence without a warrant under:
the Plain View Doctrine
3 multiple choice options
After an officer arrests a suspect without a warrant:
the suspect should be taken before a magistrate without unnecessary delay.
3 multiple choice options
The degree of proof required to "stop and frisk" is called:
Reasonable Suspicion.
3 multiple choice options
The facts of an illegal arrest ordinarily will:
render inadmissible evidence.
3 multiple choice options
The purpose of a vehicle inventory is to:
provide for the safekeeping of property in the vehicle.
3 multiple choice options
Officer Ruiz is patrolling a high crime area when he observes suspects Dan and Don in an alley at 2:30 am. Dan sees Officer Ruiz and begins to walk away. Officer Ruiz stops both suspects. Which of the following Supreme Court case allows Officer Ruiz to stop Dan and Don?
Terry v. Ohio
3 multiple choice options
An arrest must be based upon _____ to be lawful.
probable cause
3 multiple choice options
A peace officer may arrest without a warrant when:
All answers are correct.
3 multiple choice options
If an inmate has been arrested for assault - family violence, the head of the agency arresting or holding such person may hold the person for a period of not more than _____ hours after bond has been posted.
4
3 multiple choice options
A peace officer stops a vehicle and arrests the driver for outstanding traffic warrants. The peace officer may:
search the driver and immediate area.
3 multiple choice options
If, after a reasonable amount of time, you are unable to develop probable cause during your lawful temporary detention, you should:
release the subject.
3 multiple choice options
The hardest authority for a search to prove in court is:
consent.
3 multiple choice options
A search warrant does not need:
an identified suspect.
3 multiple choice options
If a peace officer has a lawful right to be where he is and observes a person commit a violation of _____, a lawful arrest may be made. (Best answer from answers listed)
the law
3 multiple choice options
A search warrant may be issued to search for and seize:
All answers are correct.
3 multiple choice options
A temporary detention is best described as:
detention of an individual based on a reasonable suspicion of criminal activity.
3 multiple choice options
Officers are required to inform suspects of their constitutional rights when they are subjected to custodial interrogation. This decision resulted from which court case?
Miranda v. Arizona
3 multiple choice options
Which of the following best defines probable cause?
knowledge of facts and circumstances that would lead a prudent person to believe a particular individual committed an offense.
3 multiple choice options
An officer may search a vehicle or person incident to arrest if:
the arrest is based on probable cause.
3 multiple choice options
What action(s) may a peace officer take in a temporary detention?
All answers are correct.
3 multiple choice options
The right of the people to be secure from unreasonable searches is protected by _____.
the Fourth Amendment of the Constitution
3 multiple choice options
The exclusionary rule, as a legal concept, is intended to:
exclude evidence at trial which has been unlawfully seized.
3 multiple choice options
Of the following statements concerning the plain view doctrine, which is most correct?
it must be immediately apparent that the items viewed are evidence of a crime or contraband.
3 multiple choice options
Which of the following is a category of evidence that may not be seized in a search?
Personal writings of the accused.
3 multiple choice options
A peace officer may arrest an offender without a warrant for:
any offense committed in his presence or within his view.
3 multiple choice options
An arrest warrant must be:
All answers are correct.
3 multiple choice options
A warrant of arrest is executed by:
arresting the suspect.
3 multiple choice options
If a person arrested without a warrant for a misdemeanor and is placed in jail, the magistrate has not been able to determine whether probable cause exists the magistrate will set a bond of _____ not later than _____ after the person's arrest.
$5,000/24 hours
3 multiple choice options
_____ is defined as "holding a person for a limited time, but who, as yet, is not answerable to a criminal offense."
Temporary Detention
3 multiple choice options
Which of the following is a necessary element of a lawful arrest?
Authority of the arresting person.
3 multiple choice options
The three classification of interactions between peace officers and persons are:
All answers are correct.
3 multiple choice options
An officer may search without a warrant if:
the Search is incident to a lawful arrest.
3 multiple choice options
Abandoned property:
is always open to police as evidence.
3 multiple choice options
_____ 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.
Curtilage
3 multiple choice options
The rule that states that evidence seized (that can not be used in court) as a result of an illegal arrest, search, seizure, is known as the:
exclusionary rule
3 multiple choice options
A basic requirement of the Plain View Doctrine is that the:
officer must have a legal right to be where he is when evidence of a crime is observed.
3 multiple choice options
The case law which allows for categories of evidence for which a search may be conducted may be found in:
Katz v. U.S., 389 (1967)
3 multiple choice options
Which of the following offenses may a citizen make a lawful arrest if the offense is committed within his presence or view?
Correct answer not listed.
3 multiple choice options
Which are elements that give to the existence of probable cause to arrest?
All answers are correct.
3 multiple choice options
A ____ 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.
search warrant
3 multiple choice options
A search based on _____ can be withdrawn at any time.
consent
3 multiple choice options
Exclusion of evidence obtained by the police in violation of the Fourth Amendment was made applicable to individual states in _____ (1961).
Mapp v. Ohio
3 multiple choice options
Bail Bonds are payable to:
the State of Texas
3 multiple choice options
Under stop and frisk:
an officer may pat an individual down for weapons only.
3 multiple choice options
Search warrants in Texas:
Correct answer not listed.
3 multiple choice options
On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a) and (b) for not more than _____ after the person is arrested.
72 Hours
3 multiple choice options
Which of the following may a citizen make a lawful arrest of committed in his view?
All answers are correct.
3 multiple choice options
An invitation to enter a house is:
a situation that would allow the officer to use the plain view doctrine.
3 multiple choice options
The security given by the accused that he will appear and answer before the proper court, the accusation brought against him is the definition of:
bail.
3 multiple choice options
Officer Adams stops a vehicle for a traffic violation and subsequently arrests the driver for outstanding traffic warrants. Officer Adams may:
conduct a full search of the driver only.
3 multiple choice options
While on patrol you observe a young white male standing in the alley next to a dumpster by a convenience store. The store has been robbed several times recently and you see a bulge in the subjects waistband. You may stop and frisk the subject because you reasonably believe:
that he is armed.
3 multiple choice options
An investigation may be conducted to determine what, if anything is occurring if a peace officer has mere suspicion?
Persons may be approached and questions asked.
3 multiple choice options
Which Supreme Court ruling involves searches of the inside of a motor vehicle within arm's reach area near an arrestee?
Chimel v. California
3 multiple choice options
If the arrest is made inside the home of the subject, the officer may not search _____ if the subject was arrested while they were in bed.
a locked file cabinet on the opposite side of the room
3 multiple choice options
A search incident to a lawful arrest may not extend to:
curtilage.
3 multiple choice options
At the moment of arrest, _____ ceases to build.
probable cause
3 multiple choice options
If a person arrested without a warrant for a felony and is placed in jail, the magistrate has not be able to determine whether probable cause exist the magistrate will set a bond of _____ not later than _____ after the person's arrest.
$10,000/48 Hours
3 multiple choice options
_____ is defined as the apprehension of something without proof, or on slight evidence.
Suspicion
3 multiple choice options
A frisk is legally a:
pat down of the outer clothing for weapons.
3 multiple choice options
In most cases automobile searches are an exception to the rule requiring a search warrant. In this case, the U.S. Supreme Court allowed searches of vehicles without a warrant provided the police had "probable cause".
Carroll v. U.S.
3 multiple choice options
The minimum element(s) required for a temporary detention include all but which of the following?
Probable Cause.
3 multiple choice options
Should an officer approach to a suspicious person culminate in an _____, the officer must be able to articulate his initial suspicions to justify his initial contact or his action taken, after the person contacted is placed into custody.
arrest
3 multiple choice options
A search must be based upon _____ to be lawful.
probable cause
3 multiple choice options
Which of the following case strengthens Terry v. Ohio?
Minnesota v. Dickerson
3 multiple choice options
In _____, the U.S. Supreme Court established that an informant's tip must be accompanied by (1) some of the underlying circumstances on which the informant based conclusions and (2) some basis for concluding that the informant was credible or his information reliable.
Aguilar v. Texas
3 multiple choice options
Bail is to be set high enough to _____ but not used as an instrument of oppression.
give reasonable assurance that the undertaking will be complied with
3 multiple choice options
Prying by peace officers into hidden places is a definition of:
search.
3 multiple choice options
According to Code of Criminal Procedure Article 18.09, a person arrested by order of a search warrant must:
be immediately taken before the magistrate.
3 multiple choice options
When arresting without a warrant the court will examine the " ______" surrounding the seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the Fourth Amendment.
totality of circumstances
3 multiple choice options
In which of the following relationships does the first person listed always have the right to consent to a search of the property of the latter listed person?
parent - child
3 multiple choice options
The U.S. Supreme Court in "Beck v. Ohio" said that "_____" exists when the facts and circumstances known to the officer would warrant a belief by a reasonable man.
probable cause
3 multiple choice options
An order of arrest issued by a clerk of the court is called a:
capias.
3 multiple choice options
In order to frisk a stopped suspect, an officer must reasonably believe that the suspect is:
armed.
3 multiple choice options
A temporary detention must be based on reasonable suspicion. Reasonable suspicion is best described as:
All answers are correct.
3 multiple choice options
Readily observable things an officer sees in a place the officer has a legal right to be, that are not the product of a search and are not the subject to exclusion from evidence defines:
the plain view doctrine.
3 multiple choice options
There are eight circumstances that justify a legal search without a warrant. Which of the following is correct?
All answers are correct.
3 multiple choice options
Seizure and detention do not always require force or actual contact. Many times peace officers simply inform a person that he is under arrest, and the arrested person submits without any further action. This is called "______" seizure and detention.
Constructive
3 multiple choice options
Which of the following is a necessary element of a lawful arrest?
Authority of the arresting person.
3 multiple choice options
Which of the following information can be used to build probable cause?
Hearsay information.
3 multiple choice options
An officer may break down the door of a suspect's residence when executing an arrest warrant:
in any felony case, if he's refused entrance after making his purpose known.
3 multiple choice options
Of the following, which is not a mandatory requisite under Code of Criminal Procedure Article 18.021, issuance of a search warrant to photograph injured child:
a warrant issued by a District Judge, a Judge of the Court of Criminal Appeals, or a Judge of the Supreme Court of Texas.
3 multiple choice options
According to Code of Criminal Procedure Article 14.03, an officer may, without a warrant, arrest a person whom the officer has probable cause to believe has committed an assault resulting in bodily injury to another person. The above is true if the officer has:
probable cause to believe that there is danger of further bodily injury to the person assaulted.
3 multiple choice options
The detention period for an inmate arrested for assault - family violence, may be increased to 48 hours after bond has been posted by:
a magistrate.
3 multiple choice options
Which of the following are not elements of probable cause, if any?
the race of the subject being different from that of the population that is predominate in the area.
3 multiple choice options
The sole purpose of a frisk, as stated by the Supreme Court is to:
protect the frisking and other persons.
3 multiple choice options
"Stop and Frisk" pertains to which case law?
Terry v. Ohio
3 multiple choice options
An inventory is an administrative procedure designed to:
provide for the safekeeping of property in police custody.
3 multiple choice options
In _____ v. _____ the U.S. Supreme Court determined that the detention was a seizure tantamount to an arrest, and since the officers did not have probable cause to arrest, it was an illegal seizure.
Florida v. Royer
3 multiple choice options
Which of the following is not legal justification for an inventory search of a vehicle?
The discovery of evidence to be used against the defendant.
3 multiple choice options
Without proper justification to stop the suspect, the _____ will be invalid.
All answers are correct.
3 multiple choice options
What elements can be used to establish probable cause?
All listed.
3 multiple choice options
An arrest warrant is:
valid until executed.
3 multiple choice options
When a person is arrested, the officer assumes liability for:
All answers are correct.
3 multiple choice options
Magistrate's Order for Emergency Protection is set in motion at the defendant's appearance before a magistrate after _____.
arrest
3 multiple choice options