An officer may arrest for an offense which the _____ leads the officer to believe is occurring or has occurred.

probable cause

On searching, the place ordered to be searched, the officer executing the warrant_____ present a copy of the warrant to the owner of the place if he is present.

shall

After an accused person charged with a _____ is taken before magistrate and the magistrate has identified the accused with certainty, the magistrate may release the accused without bond and order the accused to appear at the later date.

misdemeanor punishable by fine only

The officer or person executing a warrant of arrest shall_____ take the person or have him taken before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrest:

without unnecessary delay

The requisites of an arrest warrant require that the warrant must specify the name of the person whose arrest is ordered, if it be known. If unknown, what is entered on the warrant?

reasonably definite description

A victim, guardian of a victim, or _____ is entitled to the following rights within the criminal justice system: the right to have the magistrate take the safety or the victim of his family into consideration as an element in fixing the amount of bail for the accused and the right to be informed, when requested, by a peace officer concerning the defendant’s right to bail and the procedures in criminal investigations.

close relative of a deceased victim

According to Art. 18.021 (Issuance of Search Warrant to Photograph Child), after the child is photographed, the exposed film_____.

is delivered to the magistrate

No later than three whole days after the executing of a search warrant, the officer shall return the search warrant. Upon returning the search warrant, the officer shall state:

the manner in which the warrant had been executed

Consensual encounters are those in which 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. Which case best defines consensual encounters?

Floriday v. Royer

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. These situations are commonly referred to as _____.

consenual encounters

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

fresh pursuit

What concept is defined as a temporary seizure of a person for investigation based on an officer’s reasonable suspicion of criminal activity?

investigatory stops/detentions

In the executing of a search warrant, the officer may call to his aid _____

any number of citizens

Which case law makes it okay to stop and frisk a person without probable cause to arrest, if the officer has reasonable suspicion that the person has committed, is committing, or is about to commit a crime?

Terry v. Ohio

The sheriff receiving the notice of arrest and commitment _____ forthwith go or send for the arrested person and have the arrested person brought before the proper court or magistrate.

shall

In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made. The warrant shall be executed by the _____ of the defendant.

arrest

A person who is arrested for a _____ and who during the commission of that offense or the arrest, during a judicial proceeding or initial period of confinement following the arrest, or during the person’s confinement after a conviction or adjudication resulting from the arrest causes the person’s bodily fluids to come into contact with a peace officer, a magistrate, or an employee of a correctional facility where the person is confined shall, at the direction of the court having jurisdiction over the arrested person, undergo a medical procedure or test designed to show or help show whether the person has a communicable disease.

misdemeanor or felony

The property seized from a search warrant ___________________ in which it was seized without an order approving the removal by a magistrate in the county in which the warrant was issued.

may not be removed from the county

A person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the _____ after the person’s arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.

24th hour

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 the circumstances

Rules for fixing the amount of bail include: the bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with; the power to require bail is not to be so used as to make it an instrument of oppression…

(i) The nature of the offense and the circumstances under which the offense was committed are to be considered, (ii) The ability to make bail shall be considered, and proof may be taken on this point, (iii) The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. (All of the above are rules for fixing the amount of bail).

The case, Miranda vs. Arizona, dealt strongly with the right to be free from self- incrimination. The right is associated with what Amendment to the US Constitution?

5th

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

magistrate

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

warrant of arrest

Under what circumstances can a magistrate verbally order a peace officer to arrest an offender, without a warrant?

(i) Felonies committed in his (the magistrate’s) presence or view, (ii) Breaches of the peace committed in his (the magistrate’s) presence or view, (iii) Any offense committed in his (the magistrate’s) presence or view (All of the above)

A search warrant must be executed within _______ from the time of issuance. A warrant issued under this chapter shall be executed within a shorter period if so directed in the warrant by the magistrate.

3 days

When may a warrant of arrest issued by a mayor of an incorporated city be executed in another county than the one in which it was issued?

A or B

What is it when the person arrested is taken into custody either by physical force or by submission to assertion of authority?

Actual Seizure

When bail is given when is the defendant released?

at once

A search warrant issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva is allowed to run for _____________?

15 whole days

Consent is considered involuntary if it is obtained by duress, coercion, or __________

is a mere acquiescence to authority claimed by the officer

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

under restraint

______________ occurs when the person arrested is taken into custody either by physical force or by submission to assertion of authority.

actual seizure

A search warrant must contain the following criteria to be considered sufficient: run in the name of “The State of Texas”; identity, as near as may be, that which is to be seized and name or describe, as near as may be, the person place or thing to be searched; command any peace officer of the proper county to search forthwith the person, place, or thing named; and

be dated and signed by the magistrate in clearly legible handwriting or in typewritten form with the magistrate's signature.

“If the proper office of the county where the offense is alleged to have been committed does not demand the arrested person and take charge of the arrested person before the ____ day after the date the person is committed to the jail of the county in which the person is arrested, the arrested person shall be discharged from custody.”

11th

A search warrant may be issued to search for and photograph a child who is alleged to be the victim of injury to a child or which of the following offenses:

A&B

Having been denied admittance to a residence after giving notice of your authority and purpose, a peace officer may break down the door, providing the offense is

any felony offense

What case proposed that entry may only be forced in execute an arrest warrant when the warrant is being executed at the residence where the person named in the arrest warrant lives?

Steagold v United States

Rules for fixing the amount of bail include: the bail shall be sufficiently high to given reasonable assurance that the undertaking will be complied with; the power to require bail is not to be so used as to make if an instrument of oppression.

(i) The nature of the offense and the circumstances under which it was committed are to be considered, (ii) The ability to make bail is to be regarded, and proof may be taken upon this point, (iii) The future safety of a victim of the alleged offense and the community shall be considered (All of the above are rules for fixing the amount of bail)

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

felony

In what manner must a person in custody prior to interrogation be informed by a peace officer that they have the right to remain silent and that anything they say can and will be used against them in court?

clearly

The magistrate issuing a search warrant shall endorse on the search warrant the _____________ of its issuance.

date and hour

Probable cause exists where the facts and circumstances within the officer's knowledge, of which they have reasonable trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.

Brinegar v. United States

“Three whole days, exclusive of the day of issuance and the day of extension” describes the life of:

search warrant

________________ means 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.

restraint

Property acquired by theft, arms and munitions kept or prepared for the purposes of insurrection or riot, gambling devices, any property the possession of which is prohibited by law, implements or instruments used in the commission of a crime, or persons are some examples of items that are grounds for issuance of a __________________________.

search warrant

The person having custody of the person arrested shall without unnecessary delay, but not later than _________________ after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested.

48 hours

What new rules were derived from Arizona v. Gant in justifying search incident to arrest of the passenger compartment of a vehicle?

Lawful arrest; search must take place at the time of the arrest; the arrestee must have the possibility of access; or there is a likelihood of discovering offense related evidence from the scene.

A ________________ may issue a warrant of arrest or a summons in any case in which he is by law authorized to order verbally the arrest of an offender, when any person shall make oath before him that another has committed some offense against the law of the State, and in any case name in the this Code where he is specially authorized to issue warrants of an arrest.

magistrate

In denial of bail for violation of condition of bond where a child is the alleged victim, a defendant may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of the bond related to:

the safety of the victim of the offense or the safety of the community

What is the officer’s objective when working with mere suspicion?

To obtain articulable facts and circumstances that rise to the level of either reasonable suspicion that gives officers the power to detain or probable cause, which permits the officer to arrest.

____________ has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination.

any person

Who may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender?

peace officer

Two men commit an aggravated robbery at robbery at store in Lubbock County, Texas. They are subsequently identified and a warrant for their arrest is issued. They fled to Corpus Christi (Nueces County) where they are arrested by the Police Department. The two means shall be immediately taken before a magistrate in:

the county where the arrest was made

Consent is considered involuntary if it is obtained by duress, coercion, or

is a mere acquiescence to authority claimed by the officer

In an arrest for an out-of-county offense, if the proper office of the county where the offense is alleged to have been committed does not demand the prisoner and take charge of him within 10 days from the day he is committed, such prisoner shall be:

admitted to bail

The officer ___________ have the warrant in his possession at the time of the arrest, provided the warrant was issued under the provision of the Code.

need not

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

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

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

arrested

A peace officer may issue a citation instead of taking a person before a magistrate if being charged with a:

class c misdemeanor

______________ occurs when the person is aware of the officer’s intention to arrest.

understanding

In a felony case, if the court before which the same is pending is not in session in the county where the defendant is in custody, who may take, or set such amount, bail bond. (

sheriff or other peace officer having him in custody

Probable cause to search exists when the facts and circumstances within the officer’s knowledge and of which they had reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that seizable property would be found in a particular place or on a particular person. This concept is attributed to which landmark case.

Carroll v. United States

A person who commits an offense under PC Section 25.07 Violation of Certain Court Orders, other than an offense related to a violation of a condition of bond set in a family violence case, may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines _________________________ that the person committed the offense

by a preponderance of the evidence

In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court _________ fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond.

shall

The person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than _____ after the person is arrested, before the magistrate who may have ordered the arrest.

48 hours

If facts presented to the magistrate for the purpose of a search warrant also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant ______________, in addition, order the arrest of such person.

may

A judge may order the sealing of an affidavit if the attorney establishes a compelling state interest in that public disclosure of the affidavit:

Both B & C

Interrogation must cease once:

person in custody indicate their right to remain silent

A warrant of arrest shall be sufficient without regard to form if it has the following requisites:

(i) Issued in the name of “The State of Texas” (ii) Name of the person whose arrest is ordered, if known, or some reasonably definite description, (iii) Charging the person named of some offense against the laws of the State (iv) Signed by a magistrate and his office named in the body of the warrant (All of the above are requisites of warrant of arrest)

Who may give consent to search?

only a person with a possessory or proprietary interest in the place to be searched may give consent

What landmark case imposed the duty on officers to inform an arrested person of the rights, such as the right to remain silent, and allow them to waive those rights before being questioned regarding the crime with which they are charged?

Miranda v. Arizona

In lieu of arresting an individual who is not a child and who commits an offense under PC Section 49.02, Public Intoxication, a peace officer may release the individual if:

(i) The officer believes detention in a penal facility is unnecessary for the protection of the individual or others, (ii) The individual is released to the care of an adult who agrees to assume responsibility for the individual (iii) The individual verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility. (All of the above are viable options)

Investigatory stops/detentions are the temporary seizure of a person for investigation based on an officer’s reasonable suspicion of criminal activity. Which case best defines investigatory stops/detentions?

Terry v. Ohio

Identity the case law that requires a peace officer to notify persons in custody of their rights against self-incrimination, to remain silent, and their right to an attorney.

Miranda v. Arizona

In cases of ______________, the sheriff or other peace officer, or a licensed jailer, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take of the defendant a bail bond.

a Misdemeanor

_____ means under arrest by a peace officer or under restraint by a public servant.

custody

A Peace officer _________ arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code, if the offense is committed in the presence of a peace officer.

shall

A peace officer may arrest an offender without a warrant for _____________ committed in his presence or within his view.

any offense

Having photographed a child victim of an alleged sexual assault as required by search warrant, what should be done with the file per the CCP?

Take it immediately to the magistrate who issued the warrant

In determining probable cause for warrants for fire, health, and code inspections, the magistrate may consider any of the following: age and general condition of the premises, _______________________________________, the type of premises, the purpose for which the premises are used, and the presence of hazards or violations in and the general conditions of premises near the premises sought to be inspected.

previous violations or hazards found present in the premises

An Honorable Joseph Lively is a Texas Senator. Senator Lively is currently on his way to Austin, Texas in order to meet for a session of the Texas Legislature. Pursuant to Article 1.21, Code of Criminal Procedure, Senator Lively can only be arrested for which of the following:

Felony DWI

According to Art 18.021 (Issuance of Search Warrant to Photograph Child), after the child is photographed, the exposed film _______________________________.

Is delivered to the magistrate

For further detention of certain persons, a magistrate must conclude that: the violence would continue if the person is released and

Probable cause exists to believe that the person committed the instant offense and that, during the 10-year period preceding the date of the instant offense, the person had been arrested on more than one occasion for an offense involving family violence or for any other offense, if a deadly weapon was used or exhibited during the commission or immediate flight after commission of the offense.

The magistrate committing the arrested person shall immediately provide notice to _______________ of the county in which the offense is alleged to have been committed regarding the arrest and commitment and whether the person was also arrested under a warrant issued under Section 508.251, Government Code.

The sheriff

A ___________ may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place.

summons

A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07 Penal Code, if the offense is

committed in the presence of the peace officer

If the arrested person fails or refuses to give bail, as provided by Article 15.18, arrested person shall __________________________ where the person was arrested.

be committed to the jail of the county

A belief that would be held by an ordinary and prudent man in the same circumstances as the actor

reasonable belief

A warrant of arrest, issued by a county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall

extend to any part of the State

Having been denied admittance to a residence after giving notice of your authority and purpose, a peace officer may break down the door, providing the offense is”

any felony offense

Identify the three classifications of interactions between peace officers and persons:

Consensual encounters, investigatory stops/detentions, arrests

Arrests are the taking of persons into custody for purposes of charging them with a crime based on an officer’s establishment of probable cause. Which case best defines arrest?

Brinegar v. United States

Under which of the following situations must a school be notified when a child has been charged with delinquent conduct?

deadly conduct

Who may request the issuance of a magistrate’s order for emergency protection?

(i) peace officer, (ii) the victim of the offense, (iii) the attorney representing the state (All of the above)

________________ is a peace officer’s purpose or intention to take a person into the custody of the law.

Intent

According to CCP Art. 56.02, the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts is afforded under Crime Victims’ _______________.

rights

A person who is arrested without a warrant and who is detained in jail must be release on bond, in an amount not to exceed ______________, not later than the 48th hour after the person’s arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.

10,000

Any evidence found after the arrest or during the search will ______________________ to prove probable cause for the initial arrest.

not be admissible

What US Supreme Court case held that, absent exigent circumstances, a peace officer may not make a warrantless entry into a suspect’s home to make a routine felony arrest?

Payton v. New York

The peace officer's arrest is made under real _______. This means the officer's arrest is supported by probable cause.

Authority

In a felony case, if the court before which the same is pending is not in session in the county where the defendant is in custody, who may take, or set such amount, his bail bond?

Sheriff or other peace officer having him in custody

The property seized from a search warrant _______________________ in which it was seized without an order approving the removal by a magistrate in the county in which the warrant was issued.

may not be removed from the county

A peace office may arrest, without warrant persons found in ____________________ and under circumstances which reasonably show that such persons have been guilty of some felony, Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws.

Suspicious Places

The affidavit made before the magistrate or District Attorney charging someone with the commission of an offense is commonly referred to as

a complaint

The security given by the accused that he will appear and answer before the proper court the accusation brought against him is called ________________.

bail

____________ means: 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.

custody

The life of a search warrant differs greatly from that of an arrest warrant in that an arrest warrant is good until executed. The search warrant, however, is valid:

for three (3) whole days, exclusive of the day of issuance and the day of this execution

What is the officer’s objective when working with mere suspicion?

To obtain articulable facts and circumstances that rise to the level of either reasonable suspicion that gives officers the power to detain or probable cause, which the officer to arrest.

If officers with a valid search warrant knock and announce but are refused entry, officers may:

forcibly enter the premises

__________ includes missions within the meaning of the Vienna Convention and any missions representing foreign governments, individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are enjoyed by missions under the Vienna Convention.

mission

What is a disadvantage of a no-knock warrant

Occupant may believe being attacked by home invaders and try to defend self

A search warrant for contraband must show what?

a specific detail of what you are looking for

What are the necessary conditions for arrest?

intent, authority, actual seizure, and understanding

Which case states peace officers cannot create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment? In this case law, the officer did not create the circumstances, the reaction of the of the apartment occupants did.

Kentucky v. King

Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person that ________________ such peace officer may, without warrant, pursue and arrest the accused.

(i) felony has been committed, (ii) The offender is about to escape, (iii) There is no time to procure a warrant (All of the above)

An officer may arrest for an offense which the _____ leads the officer to believe is occurring or has occurred.

Probable cause

Under which of the following situations is a peace officer not justified in making an arrest?

Arresting the person protected by a court order who invites the prohibited person to her residence in violation of the protective order.

An officer may arrest for an offense which the ___________ leads the officer to believe is occurring or has occurred.

probable cause

Proof beyond a reasonable doubt is:

(i) more than mere suspicion, (ii) more than probable cause, (iii) less than absolute certainty (All of the listed answers are correct)