What is consensual Encounter?

Where police officers are free to approach and ask questions of a person so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions and can walk away. pg 131

What are investigatory stops or seizures?

The temporary seizure of a person for investigation based on an officers reasonable suspicion of Criminal activity. pg 131

What is needed for investigatory stops and temporary detention?

Reasonable suspicion

What case deals with investigator stops and seizure?

Terry vs Ohio 4th amendment

What is the definition of arrest?

The act of taking a person into custody for the purpose of charging them with a crime based on an officers establishment of probable cause. pg 131

Case concerning arrest probable cause?

US vs Mendenhall pg 131

If a person is in custody and requested an attourney, the interrogation must cease until an attourney is present or alternatively , when? pg 132

Until there is at least a 14 day break in Miranda custody.

Case Maryland vs Shatzer

What are the 4 elements that have been used by courts to determine whether an arrest has occured?

1. Intent - A peace officers purpose or intentions to take a person into the custody of the law.

2. Authority - The peace officers arrest must be made under real authority.

3. Actual Seizure - The person is taken into custody either by physical force  or the submission to assertion of authority.

4. Understanding of the Individual being arrested - The person to be arrested must understand the officer's intention to arrest.

CCP 15.22 When is a person arrested?

When they are actually place 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.

CCP 11.21 What is constructive custody?

Corporal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or fear of injury, whereby one person exercises a control over the person of another,  and detains him within certain limits. 

CCP 11.22 What is restraint?

Is meant the kind of control which one person exercises over another, not to confine him within certain limits over another, but to subject him to general authority and power of person claiming such rights.

What is the definition of custody? pg 132

1. Under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of the state or another state of the US.

2. Under restraint by an agent or employee of a facility that is operated by or under contract with the US and that confines persons arrested for, charged with, or convicted of Criminal offenses.

In the absence of other effective measures the following procedures to safe guard the 5th amendment privilege must be observed by what actions? pg 132

The person in custody must, prior to interrogation, be clearly informed that they have the right to remain silent, and that anything they say can and will be used against them in court.  They must be clearly informed that they have the right to consult with a lawyer and to have a lawyer with them during interrigation, and that if they are indigent, a lawyer will be appointed to represent them.

What case protects 5th amendment rights? pg 132

Miranda vs Arizona

CCP 14.01 When can an individual who is not a peace office place someone under arrest?

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

CCP 14.01 When can a peace officer arrest without a warrant?

For any offense committed in his presence or with in view.

CCP 14.02 Can a peace officer arrest without warrant when order given by a magistrate?

Yes.  When a felony or breach of peace has been commited within view of a magistrate, the magistrate may verbally order the arrest of the offender.

CCP 14.03 What must a peace officer be able to do to justify an arrest for suspicious places and circumstances?

A peace officer must be able to articulate facts and circumstances to justify an arrest regarding "suspicious places and circimatances".

CCP 14.03 When is a peace officer required to make an arrest?

When a protective order has been violated in his presence.

CCP 14.031 Can a peace officer issue a citation for public intoxication?

No

CCP 14.04 What conditions are necessary for a warrantless arrest for a felony? pg 133

Must have satisfactory proof to a peace officer, upon the representation of a credible witness, that a felony has been committed, and that the offender is about to escape, a peace officer may, without warrant, pursue and arrest the accused.

CCP 14.05 What are Rights of Officer with regard to warrantless arrest?

The officer or person making the arrest is justified in adopting all measures which might be adopted in cases of an arrest under a warrant.

CCP 14.05 What exceptions are there to warrantless arrest in Rights of Officer? pg 133

An officer making an arrest without a warrant may not enter a residence to make an arrest unless:

1. a person who resides in the residence consents to entry
2. exigent circumstances require that the officer making the arrest enter the residence with out consent of a resident or without a warrant.

CCP 14.051 When can a peace officer from another state make an arrest in Texas? pg 133

A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for purpose of arresting that person for a felony may continue the pursuit into this state  and arrest the person.

CCP 14.051 What is the definition of fresh pursuit?

A pursuit without unreasonable delay by a peace officer of a person the officer reasonably suspects has committed a felony.

CCP 14.06 When must an arrested offender be taken before a majistrate?

Without unnecessary delay, but no later than 48 hours.

CCP 14.06 Who must take an arrested offender be for a magistrate?

The person making the arrest or the person having custody of the offender.

CCP 14.06 When does a peace office not have to take the person before a magistrate?

When the peace officer is charging a person, including a child, with a class c misdermeanor, he may instead issue a citation.  The citation must contain written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, the offense charged, and an admonishment  about if it is for certain acts of violence, it may be unlawful for the offender to posses or purchase a fire arm.

What does the case Peyton vs NY establish? pg 133

Absent exigent circumstances, a peace officer may not make a warrantless entry into a suspects home to make an arrest.

Bring ham City vs Smart establishes what for warrantless entry?

When exigent circumstances exist, warrantless entry into a dwelling is permitted

Kentucky vs King establishes what restriction for a warrantless entry? pg 133

A peace officer can not create exigent circumstances by engaging or threatening to engage in conduct that violates the 4th Amendment.

CCP 51.13 sec 14 Establishes what about a warrantless arrest when a peace officer or private person makes a warrantless arrest?

Arrest can be made upon reasonable information that the accused stands charged in the courts of the State with a crime punishable by death or imprisonment for a term exceeding 1 year.

CCP 51.13 sec 14 When must a person under warrantless arrest be brought before a majistrate?

Accused must be taken before a magistrate with all practical speed and complaint must be made against them under oath setting forth the ground for arrest.

What protection does diplomatic immunity provide? pg 133

Need a good answer for this.

CCP 1.21 What protections does Privilege of Legislator provide? pg 133

Senators and Representatives shall, except in cases of treason, felony or breach of peace, be privilaged from arrest during Legislative session, and in going to and returning from legislative session.

CCP 1.21 How long does a Senator or Representative get Privilage of Legislator when traveling to and from a legislative session?

1 day for every 20 miles traveled each direction.

CCP 24.28 Just got to read this convoluted law and try to understand it.

CCP 24.29 Just read and understand.

CCP 15.01 What is a Warrant of Arrest? pg133

A written order from a magistrate, directed to a peace officer or some other person specifically named, commanding them to take the body of the person accused of an offense, to be dealt with according to law.

CCP 15.02 What are the requirements of a warrant?

1.  Must be issued in the name of "The State of Texas"
2. Must specify the name of the person whose arrest is ordered, if know, or some reasonable definite description Must be given
3. It must state the the person is accused of some offense against the laws of the state and name the offense
4. Must be signed by a magistrate and his office named in the body of the warrant.

CCP 15.03 Can a summons be issued in any case where a warrant is issued ?

Yes.

CCP 15.03 What form does a summons take?

The same as a warrant.

CCP 15.03 When can a magistrate issue a warrant of arrest?

1. In any case in which he by law authorized to order verbally the arrest of an offender
2. When any person shall make oath before a magistrate that another has committed some offense against the state
3. in any case named in this Code where the magistrate is specifically authorized to issue warrants of arrest.

CCP 15.04 What is the definition of a complaint?

A complaint is an affidavit made before a magistrate or district or county attourney charging the commission of an offense.

CCP 15.05 What are the requisites of a complaint?

1. Must state the name of the accused or some reasonable definite description of accused
2. It must show that the accused has committed some offense against the laws of the state
3.  it must state the time and place of the commission of the offense
4. it must be signed by the affiant

CCP 15.06 Where is a warrant valid?

When issued buy a county or district clerk, or any magistrate (except a mayor), a warrant shall extend to any part of the state.

CCP 15.07 When can a warrant issued by a mayor extend beyond the county?

1. When endorsed by a judge of a court of record in which case it may be executed any where it the State
2. If it be endorsed by any magistrate in which the accused is found

CCP 15.16 How is a warrant executed?

The person executing the warrant of arrest shall without unnecessary delay take the person or have the person taken before the magistrate who issued the warrant or magistrate named in the warrant.

CCP 15.16 For a warrant of arrest issued in a different county in which the warrant is executed, what must happen?

The person must be taken before some magistrate in the county where executed, without unnecessary delay.

CCP 15.17 What are the duties of the arresting officer and magistrate when a person is arrested?

The person making the arrest or person having custody shall without unnecessary delay, but no later than 48 hours after the person is arrested, take the person before some magistrate.

CCP 15.18 What happens when a person is arrested in a county other than where the warrant was issued?

The person arrested shall be taken before a magistrate in the county where arrested.  The magistrate shall:
1. Take bail, if allowed by law, and, if without jurisdiction, immediately transmit bond taken to the court having jurisdiction
2. If arrest is for fine only, accept with plea of guilty or nolo contendere, accept payment of fines and cost, give credit for time served, determine indengency or on satisfaction of judgement, discharge the defendent.

CCP 15.19 If a person is arrested in a county other than the one issuing the warrant and is put in a jail other than a county jail, how long can the person be held in that jail before being transfered to a county jail?

72 hours.

CCP 15.19 Who must a magistrate notify when committing an arrest?

1. Notice of arrest to the sheriff of the county where the offense was committed
2. whether the person was also arrested under warrant issued under section 508.251 Government Code.

CCP 15.19 What happens to a person if they do not provide bail?

They shall be committed to the jail.

CCP 15.22 When is a person actually arrested?

When the are place under restraint or taken into custody by an officer or person executing a warrant or by an officer or person arresting without warrant.

CCP 15.23 When can an arrest be made?

On any day or any time of the day or night.

CCP 15.24 How much force may be used in making an arrest?

All reasonable means are permitted to be used to effect the arrest.  No greater force shall be resorted to than necessary to secure the arrest.

CCP 15.26 What is authority to arrest must be made know?

In executing an arrest warrant, it shall always be made know to the accused under what authority the arrest is made.

CCP 15.26 Is it required for an officer to have a copy of a warrant in hand when executing warrant for arrest?

No. But he must verify a valid warrant exist.

CCP 23.01 What is a Capias?

It is a Writ that is:
1. issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the discretion of the judge, and
2. directed to any peace officer of the State of Texas, commanding the officer arrest a person accused of an offense and bring the arrested before that court immediately or on a day or at a term stated in the writ.

CCP 24.13 When is a bench warrant issue?

When a person is in the custody of the TDCJ, and is required to appear before a court.

CCP 15.25 When may a door be broken down? pg 134

In case of a felony, the officer may break down the door of any house for the purpose of making an arrest, if the officer is refused admittance after giving notice of his authority and purpose.

Is mere suspicion sufficient proof of any fact in court?

No.

What is A hunch or feeling of intuition?

Mere suspicion.

What can be done on mere suspicion?

Surveillance

Officer can initiate consensual contact

Obtain articulable facts to and circumstances that rise to the level of reasonable suspicion or probable cause.

Probable cause for a search requires what? pg 134

The facts and circumstances within their knowledge and of which they have reasonably trust information sufficient in themselves to warrant a person of reasonable caution in the belief that seizable property would be found in a particular place or on a particular person.

When does probable cause for arrest exist? pg 135

Where the facts and circumstances within the officers knowledge and of which they have reasonably trust worthy information, are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been or is being committed.

What are some elements that can be used to establish probable cause? pg 135

High crime  area
Time of day or night
Location
Furtive actions
Abnormal demeanor
Officers own knowledge of facts/circumstances
Others listed in text.

Where is it determined whether probable cause was present to support an arrest? pg 135

It is resolved in the courts.

What does the court examine for probable cause?

The totality of the circumstances surrounding the seizure or detention to determine if there was sufficient facts and circumstances present to satisfy the 4th amendment.

What will be considered for probable cause by the court? pg135

Only that information known to the officer at the moment of seizure or search will be considered by the courts.

Can evidence found after seizure or arrest be used as probable cause?

No.

How has the courts defined reasonable suspicion concerning temporary detention? pg136

Reasonable suspicion has been defined by the court as sufficient articulable facts and circumstances,  and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude criminal activity is afoot.

What is temporary detention?

Holding someone for limited time , but who as yet, is not answerable to a criminal offense.

What is needed for temporary detention? pg 136

Reasonable suspicion by a peace officer that some activity out of the ordinary is or has taken place.

Some indication to connect a person to be detained, with suspicious activity.

Some indication suspicious activity is related to a specific offense.

Can a person be required to identify themselves while being temporarily detained?

No.

When is frisking permitted?

To protect the safety of an officer and the officer can articulate reasons that he feared for his safety.

What is allowed when frisking a person? pg 137

An officer may pat down the entire body, but only the outside clothing. 

What is the definition of a frisk?

Pat down of outer clothing of a person who has been stopped.

When can an officer go inside clothing when frisking?

To retrieve a weapon inside clothing when one is detected.

When the officer can articulate that it was immediately apparent that the item felt during the frisk was contraband.

What is the definition of a search? pg 137

Generally defined as an examination or inspection of a location, vehicle or person by a law enforcement officer for the purpose of locating objects or substances relating to or believed to be related to criminal activity.

What is the definition of evidence? pg 138

Anything to be offered in court to prove the truth of facts at issue in a case.

What is the objective of a search? pg 138

To find items of evidentiary value.

What is needed to issue a search warrant?

Probable cause

What is used by a magistrate to establish probable cause in order to issue a warrant?

The information contained in an affidavit supporting the warrant.

CCP 18.01 What is a search warrant?

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

CCP 18.01 What must be present for the issuance of a search warrant?

No search warrant shall be issued for any purpose in the state unless sufficient facts are first presented to satisfy the issuing magistrate that probable cause does in fact exist for its issuance.

CCP 18.02 What are Grounds for issuing a search warrant?

1. Property aquire by theft, or any other manner, which makes it it's acquisition a penal offense
2. property specifically designed, made, or adapted for or commonly used in the commission of an offense
3. arms or munitions kept or prepare for the purpose of insure coin or riot
4. Weapons prohibited by penal code
5. Gambling devices or equipment
6. obscene materials kept or prepared for commercial distribution
7. Drugs, controlled substances, ...
8. any property Tha possesion of is prohibited by law
9. instruments or implements used in the commission of a crime
10. property or items, except personal writings of accused, constituting evidence
11. persons
12 contraband....

CCP 18.021 can a search warrant be used to photograph a child for evidense?

Yes.

CCP 18.03 Can a search warrant also contain an order for arrest?

Yes.

How long is a search warrant for typical evidence good for?

3 days, not including day issued or day executed.

How long is a search warrant valid for DNA evidence?

15 days not including the day issued or day executed.

How long is a search warrant for digital information good for?

10 days not including the day of issue and the day of execution.

CCP 18.04 What must be include in a search warrant?

1. It must state it is run in the name of the State of Texas
2. Identity of that to be seized and location
3. Command any peace officer of the county to search peraon, place or thing
4. Be dated and signed by the magistrate
5. The magistrates name appear legibly and signed by magisteate.

CCP 47.01 What is an officer suppose to do with property alleged to have been stollen?

Officer shall hold it subject to the order of the proper court only if the property is contested or disputed.

If property cover by cpt 371 of financial code, officer shall hold whether contested or not.

CCP 18.10 How is return of warrant made?

Shall state in some manner the date and manner which it has been executed, and shall deliver a copy to the magistrate with an inventory of the property taken under the warrant.

CCP 18.20What must the officer who seized property,  do with the property attained with a search warrant?

The officer shall retain custody until the magistrate issues an order directing the safe keeping of the property.

Can a person under arrest be searched without a warrant? pg 139

Yes.

Can the area immediately around a suspected arrested be searched? pg 139

Yes

Can the passenger compartment of a vehicle be searched without a warrant is someone is arrested?

Only if an officer can demonstrate they  have reasonable suspicion to believe evidence of a crime the arrested person is suspected of will be found.

What is curtilage? pg 139

General 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.

What is consent to search? pg 140

A waiver of one's constitutional protection.

Can consent to search limit the scope of the search or with draw consent? pg 140

Yes

Once consent to search is given, can the person who granted consent be taken away?

No.

What is the definition of exigent Circumstances when dealing with searches?

Circumstances requiring immediate attention.

Can abandoned property be searched without a warrant? pg 141

Yes

What are requirements for plain veiw?

Officer must be lawfully present
It must be immediately apparent to the officer that what they see is contraband or somehow connected with criminal activity.