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WorksheetsArrest, Search, and Seizure Exam
Total questions: 100
Worksheet time: 3hrs 20mins
"Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
Probable cause
Mere suspicion
Proof beyond a reasonable doubt
Reasonable belief
A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for a felony may continue the pursuit into this state and arrest the person.
True
False
According to CCP 14.03, A peace officer shall __________, without a warrant, a person the peace officer has probable cause to believe has committed an offense in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case, if the offense is committed in the presence of the peace officer.
Field interrogate
Arrest
Summons
Search
According to CCP 14.03, any peace officer may arrest without warrant a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony.
True
False
According to CCP 14.03, any peace officer may arrest without warrant persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, only if the offense is committed in the presence of the peace officer.
True
False
According to CCP 14.031, Public Intoxication, an adult individual who commits an offense of cruelty to an animal (PC 49.02) an officer who believes detention in a penal facility is unnecessary but must fulfill the following requirements except?
Release the person to the care of an adult to assume responsibility
Get a sworn affidavit from the individual for commitment to Alcohol Anonymous
Verbally consents to voluntary treatment for substance use in a program in a treatment facility licensed and approved by the Health and Human Services Commission
Verbally consents to voluntary admission to a facility that provides a place for individuals to become sober under supervision, and the facility admits the individual for supervision
According to CCP 38.22, Section 3, if the accused is a deaf person, the accused's statement is not admissible against the accused unless the warning is interpreted to the deaf person by an interpreter who is qualified and sworn.
True
False
According to CCP 38.22, Section 3, no oral or sign language statement of an accused made as a result of custodial interrogation shall be admissible against the accused in a criminal proceeding except?
an electronic recording, which may include motion picture, video tape, or other visual recording, is made of the statement
prior to the statement but during the recording the accused is given the warning and the accused knowingly, intelligently, and voluntarily waives any rights set out in the warning
the recording device was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered
All voices on the recording need not be identified
According to CCP 38.22, Section 5, precludes the admission of a statement made by the accused and is admissible except?
Open court
Before a grand jury
Custodial interrogation
Res gestae of the arrest or offense
According to CCP 38.22, Section 6, when a question is raised as to the voluntariness of a statement of an accused the ___________ must make a finding in the absence of the jury to whether the statement was made under voluntary conditions.
District Attorney
Prosecutor
Court
Court Reporter
According to CCP 38.22, Section 8, a written, oral, or sign language statement of an accused made as a result of a custodial interrogation is admissible against the accused in a criminal proceeding in this state if
the statement was obtained in another state and was obtained in compliance with the laws of that state or this state
the statement was obtained by a federal law enforcement officer in this state or another state and was obtained in compliance with the laws of the United States
A & B are both correct
None of these are correct
According to CCP Art. 11.21 Constructive custody is defined by 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.
True
False
According to CCP Art. 15.22, a person is arrested when he has been actually placed under _________or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
Restraint
Tied up
Security
Surveillance
According to CCP, 17.033, 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___________, not later than the 24th hour 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.
$5,000
$10,000
$2,500
$4,000
According to CCP, 18.095, an officer directed under a search warrant to search for and seize a gambling device or equipment, altered gambling equipment, or gambling paraphernalia in the discretion of the officer may except:
seize only the programmable main circuit board of the device, equipment, or paraphernalia if that circuit board is designed as a subassembly or essential part of the device, equipment, or paraphernalia to provide the information necessary for the device, equipment, or paraphernalia to operate as a gambling device or equipment, altered gambling equipment, or gambling paraphernalia;
seize the device and equipment that contains the programmable main circuit board of the device, equipment, or paraphernalia even if the circuit board is designed as a subassembly or essential part of the device, equipment, or paraphernalia.
carry the circuit board before the magistrate
retain custody of the circuit board as the property seized pursuant to the warrant
According to CCP, Art 14.05, Rights of Officer, an officer can enter a residence if exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
Exigent circumstances
Acute circumstances
Clamorous circumstances
Imperative
According to CCP, Art 14.051, Arrest By Peace Officer From Other Jurisdiction, "_____________" means a pursuit without unreasonable delay by a peace officer of a person the officer reasonably suspects has committed a felony.
Stale pursuit
Fresh pursuit
Spontaneous pursuit
Clear pursuit
According to CCP, Art 14.06, Must Take Offender Before Magistrate, if a person resides in the county where the offense occurred, an officer who is charging a person for the offense that is a Class A or B may issue a citation that contains written notice of the time and place the person must appear before a magistrate of this state.
True
False
According to CCP, Art 14.06, Must Take Offender before Magistrate, 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
12 hours
24 hours
48 hours
Immediately
According to CCP, Art 15.12, WARRANT OR COMPLAINT MUST BE UNDER SEAL, any magistrate may endorse a warrant received by telegraph, or issue a warrant upon a complaint received by telegraph without a certificate under seal.
True
False
According to CCP, Art 15.19, NOTICE OF ARREST, a person is arrested and taken before a magistrate in a county other than the county in which the arrest is made and if the person is remanded to custody, the person may be confined in a jail in the county in which the magistrate serves for a period of not more than ______________after the arrest before being transferred to the county jail of the county in which the arrest occurred.
48 hours
24 hours
54 hours
72 hours
According to CCP, Art 18.07, DAYS ALLOWED FOR WARRANT TO RUN, the period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is _______________if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples
15 whole days
10 whole days
12 whole days
20 whole days
According to CCP, Art 18.10, not later than ______________after executing a search warrant, the officer shall return the search warrant. Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which the warrant has been executed.
2 whole days
1 whole day
5 whole days
3 whole days
According to CCP, Art 51.13, Section 14, Arrest without a Warrant, the arrest of a person may be lawfully made also by any peace officer or private person, without a warrant upon reasonable information that the accused stands charged in the courts of a State with a crime punishable by death or imprisonment for a term exceeding ____________.
Five years
Two years
Ten years
One year
According to CCP, Art 51.13, Section 14, Arrest Without A Warrant, when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under __________ setting forth the ground for the arrest.
Sworn letter
Oath
Affidavit
Hand written complaint
According to CCP, Art. 1.21, Privilege Of Legislators, Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing ___________________such member may reside from the place at which the Legislature is convened.
Five days for every 50 miles
Two days for every 20 miles
One day for every 30 miles
One day for every 20 miles
According to CCP, Art. 15.02, REQUISITES OF WARRANT, it issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:
must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him
must state that the person is accused of some offense against the laws of the State, naming the offense
must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.
All above are correct
Only A & B are correct
According to CCP, Art. 15.03, MAGISTRATE MAY ISSUE WARRANT OR SUMMONS, a magistrate may issue a warrant of arrest or a summons except?
by law authorized to order verbally the arrest of an offender
when any person shall make oath before the magistrate that another has committed some offense against the laws of the State
secret letter from the governor
in any case named in this Code where he is specially authorized to issue warrants of arrest
According to CCP, Art. 15.03, MAGISTRATE MAY ISSUE WARRANT OR SUMMONS, a summons 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
Before the end of the month
30 minutes after the serves
Immediately
According to CCP, Art. 15.03, MAGISTRATE MAY ISSUE WARRANT OR SUMMONS, a “____________________” means a two-way electronic communication of image and sound between a person and magistrate and includes secure Internet videoconferencing.
Electronic broadcast system
Two way radio
Internet
webcam
According to CCP, Art. 15.03, MAGISTRATE MAY ISSUE WARRANT OR SUMMONS, the counsel for the defendant may not obtain a copy of the recording between the magistrate and the defendant.
True
False
According to CCP, Art. 15.06, WARRANT EXTENDS TO EVERY PART OF THE STATE, a warrant of arrest, issued by any county or district clerk, or by any magistrate shall extend to any part of the State and shall be authorized to execute the same in any county in this State.
True
False
According to CCP, Art. 15.06, WARRANT EXTENDS TO EVERY PART OF THE STATE, any magistrate also includes mayors of an incorporated city or town to issue a warrant of arrest.
True
False
According to CCP, Art. 15.16, HOW WARRANT IS EXECUTED, the officer or person executing a warrant of arrest shall ___________________________take the person or have him taken before the magistrate
without unnecessary delay
before 5pm
the next day
three days from execution
According to CCP, Art. 15.17, DUTIES OF ARRESTING OFFICER AND MAGISTRATE, a record of the communication between the arrested person and the magistrate shall be made. The record shall be preserved until the earlier of the following dates except?
the date on which the pretrial hearing ends
the 91st day after the date on which the record is made if the person is charged with a misdemeanor
the 120th day after the date on which the record is made if the person is charged with a felony.
the 120th day after the date on which the record is made if the person is charged with a misdemeanor
According to CCP, Art. 15.17, DUTIES OF ARRESTING OFFICER AND MAGISTRATE, after an accused charged with a misdemeanor punishable by fine only and the magistrate has identified the accused, the magistrate may release the accused with bond and order the accused to appear at a later date for arraignment in the applicable justice court or municipal court.
True
False
According to CCP, Art. 15.17, DUTIES OF ARRESTING OFFICER AND MAGISTRATE, if a accused is arrested for a misdemeanor punishable by fine only and has a prior felony or a misdemeanor other than punishable by fine, the accused can still be released without bond.
True
False
According to CCP, Art. 15.20, DUTY OF SHERIFF RECEIVING NOTICE, A sheriff who receives notice of a warrant issued, shall have the arrested person brought before the proper magistrate or court before the _________ after the date the person is committed to the jail of the county in which the person was
15th day
5th day
10th day
11th day
According to CCP, Art. 15.21, RELEASE ON PERSONAL BOND IF NOT TIMELY DEMANDED, If the proper office of the county where the offense is alleged to have been committed does not demand an arrested person and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested, a magistrate in the county where the person was arrested shall except:
release the arrested person on personal bond without sureties or other security
forward the personal bond
bond forward to the District Judge’s office
bond to the court that issued the warrant of arrest
According to CCP, Art. 15.24, WHAT FORCE MAY BE USE, in making an arrest, all reasonable means are permitted to be used to affect it. No greater force, however, shall be resorted to than is ______________the arrest and detention of the accused.
Necessary to secure
Necessary to inform
Permitted by force
Approved by the department
According to CCP, Art. 15.27, NOTIFICATION TO SCHOOLS REQUIRED, If the superintendent of a school district in which the student is enrolled learns of a failure of the head of a law enforcement agency or a person designated by the head of the agency to provide a notification, the superintendent or principal shall report the failure to notify to the _________________.
Texas Department of Public Safety
Texas Commission on Law Enforcement
Texas Governor's Office
District Attorney's Office
According to CCP, Art. 15.26, the warrant shall be executed by the arrest of the defendant, the officer needs to have the warrant in his possession at the time of the arrest.
True
False
According to CCP, Art. 15.27, NOTIFICATION TO SCHOOLS REQUIRED, a law enforcement agency that arrests, or refers to a juvenile court an individual who the law enforcement agency knows or believes is enrolled as a student in a private primary or secondary school shall make the oral and written notifications to the _____________designated of the school in which the student is enrolled.
Principal or school employee
Principal or superintendent
Superintendent
Front office
According to CCP, Art. 17.01, “_________” is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.
Surety bond
Bail
Cash bond
Personal recognizance
According to CCP, Art. 15.27, NOTIFICATION TO SCHOOLS REQUIRED, oral or written notice required must include all pertinent details of the offense or conduct, including details of any except?
Weight and type of drugs
Assaultive behavior or other violence
Weapons used in the commission of the offense or conduct
Weapons possessed during the commission of the offense or conduct
According to CCP, Art. 17.15, the amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
True
False
According to CCP, Art. 17.15, when bail is considered the future safety of a victim or the alleged offense and the community is not considered by the court, judge, magistrate of officer.
True
False
According to CCP, Art. 17.152, bond may be denied if a person is arrested for committing an offense under PC, Sec. 25.07, violation of a court order regarding family violence shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than _____________after the person is arrested, be taken before a magistrate.
24 hours
36 hours
12 hours
48 hours
According to CCP, Art. 17.153, applies to a defendant charged with a felony offense under the provision of Penal Code for sexual offenses, prohibited sexual conduct, sexual performance by a child and trafficking of persons, if committed against a child _______ years of age.
17
13
14
18
According to CCP, Art. 18.01, 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 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.
Summons
Arrest warrant
Writ
Search warrant
According to CCP, Art. 18.01, any magistrate who is an attorney licensed by this state may issue a search warrant to collect a blood specimen from a person who is arrested an offense under Section 49.04 , 49.045 , 49.05 , 49.06 , 49.065 , 49.07 , or 49.08, Penal Code.
True
False
According to CCP, Art. 18.011, SEALING AN AFFIDAVIT, An order sealing an affidavit under this section expire on the ___________after the date on which the search warrant for which the affidavit was presented is executed
15th day
31st day
21st day
60th day
According to CCP, Art. 18.02, GROUNDS FOR ISSUANCE, a search warrant may be issued to search for and seize except?
gambling devices or equipment, altered gambling equipment, or gambling paraphernalia
property acquired by theft or in any other manner which makes its acquisition a penal offense
a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state
Persons
All can be seized
According to CCP, Art. 18.021, a search warrant may not be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child
True
False
According to CCP, Art. 18.021, after having located and photographed the child, the peace officer executing the warrant shall take possession of the exposed film and deliver it forthwith to the_______________.
Police evidence room
Case file
Magistrate
District attorney
According to CCP, Art. 18.04, the search warrant only needs the signature of the magistrate and nothing else
True
False
According to CCP, Art. 18.04, what items below are needed for a search warrant?
that the magistrate's name appear in clearly legible handwriting or in typewritten form with the magistrate's signature to include date signed by magistrate
that it commands any peace officer of the proper county to search forthwith the person, place, or thing name
that it identify, 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
that it run in the name of “The State of Texas”
All are needed
According to CCP, Art. 18.05, the complaint shall be sufficient, without regard to form, if it have these substantial requisites
It must state the name of the accused, must give some reasonably definite description of him.
It must show that the accused has committed some offense against the laws of the State
It must state the time and place of the commission of the offense
It must be signed by the affiant by writing his name or affixing his mark
All are correct
According to CCP, Art. 18.06, EXECUTION OF WARRANTS, before the officer takes property from the place he should which of the following except?
Prepare a written inventory of property taken
Endorse his name on the inventory list
Give a copy of inventory list and copy of search warrant to owner or person in possession of property
If neither the owner nor a person of the property then the executing officer need not leave a copy of the warrant and inventory but leave a business card to contact
According to CCP, Art. 18.06, EXECUTION OF WARRANTS, if the owner of the property being searched is not present then a copy of the warrant can be left with who is present is in possession of the place.
True
False
According to CCP, Art. 18.08, in the execution of a search warrant, the officer may call to his aid any number of citizens in this county, who shall be bound to aid in the execution of the same.
True
False
According to CCP, Art. 18.16, Preventing Consequences of Theft, to justify a seizure under this article, there must be ____________ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.
Reasonable
Probable
Suspicious
Clear
According to CCP, Art. 18A.001, "________________" means an aural transfer made wholly or partly through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including the use of the connection in a switching station, if those facilities are provided or operated by a person authorized to provide or operate the facilities for the transmission of communications as a communication common carrier.
Wire communication
Telephone communication
internet communication
Electronic communication
According to CCP, Art. 43.015, “________________" means a writ that is, issued by a court having jurisdiction of a case after judgment and sentence for unpaid fines and costs; and directed "To any peace officer of the State of Texas" and commanding the officer to arrest a person convicted of an offense and bring the arrested person before that court immediately. "Cost" includes any fee imposed on a defendant by the court at the time a judgment is entered.
Actus reua
Capias pro fine
De facto
Mens rea
According to CCP, Art. 56.02, CRIME VICTIMS RIGHTS, it a right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail.
True
False
According to CCP, Art. 56.02, CRIME VICTIMS RIGHTS, the victim doesn’t have the rights to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts since the that office should be responsible for the protection.
True
False
According to CCP, art. 15.18, ARREST FOR OUT-OF-COUNTY OFFENSE, a person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county. The magistrate shall
take bail, if allowed by law
take bail, if without jurisdiction, immediately transmit the bond taken to the court having jurisdiction
in the case of a person arrested under warrant for an offense punishable by fine only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant
All above answers are correct
According to CCP, art. 15.18, ARREST FOR OUT-OF-COUNTY OFFENSE, before the 11th business day after the date a magistrate accepts a written plea of guilty or nolo contendere in a case, the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense except:
Name of the defense counsel
the written plea
Any orders entered into the case
Any fine or costs collected in the case
According to Code of Criminal Procedure Art. 15.17, after an accused charged with a misdemeanor punishable by fine only is taken before a magistrate under Subsection (a) and the magistrate has identified the accused with certainty, the magistrate may not release the accused without bond and order the accused to appear at a later date for arraignment in the applicable justice court or municipal court. The order must state in writing the time, date, and place of the arraignment, and the magistrate must sign the order.
True
False
According to Code of Criminal Procedure Art. 15.17, if the magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not later than _________ after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts' designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel.
48 hours
24 hours
12 hours
Immediately
According to Code of Criminal Procedure Art. 15.17, the arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of a videoconference.
True
False
According to Code of Criminal Procedure Art. 15.17, the magistrate shall also inform the person arrested of the person's has no rights to request the appointment of counsel if the person cannot afford counsel.
True
False
According to Code of Criminal Procedure Art. 15.17, when a deaf accused is taken before a magistrate under this article, an interpreter appointed by the magistrate qualified and sworn shall interpret the warning required by those articles in a language that the accused can understand, including but not limited to sign language.
True
False
According to Family Code, Sec. 71.004, "_______________" means: (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; (2) abuse, by a member of a family or household toward a child of the family or household, (3) dating violence.
Family violence
Spousal abuse
Carnage
Assault
A __________________ is a temporary seizure of a person for investigation based on an officer’s reasonable suspicion of criminal activity.
Traffic stop
Investigatory stop
Consensual stop
Suspicious stop
An arrest may be made on any day or at any time of the day or night:
True
False
Diplomatic agents family members that form the household are not protected from local laws of the country they reside in.
True
False
Disturbing the peace, also known as______________________, is a criminal offense that occurs when a person engages in some form of unruly public behavior, such as fighting or causing excessively loud noise. When a person's words or conduct jeopardizes another person's right to peace and tranquility, he or she may be charged with disturbing the peace.
Breach of the peace
Malicious conduct
Rude behavior
Bad decisions
If a peace officer only has mere suspicion what can an officer not do to move to reasonable suspicion or greater?
Computer checks may be made of license plates
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 not free to walk away at any time
The officer’s objective is 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.
Surveillance may occur. The officer’s objective is 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.
If the facts presented to the magistrate of this chapter also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may not act as an order the arrest of such person and a separate arrest warrant is needed
True
False
In regards to conditions for arrest, a peace officer’s purpose or _________ to take a person into the custody of the law.
Intention
Reason
Probable cause
Suspicion
Like those Diplomatic agents, the recognized family members of administrative and technical staff enjoy the same privileges and immunities from the host country's criminal jurisdiction as their sponsors. Since these family members have no official duties to perform, they enjoy no immunity from civil jurisdiction.
True
False
Only the information known to the officer at the time of the seizure or search will be considered by the court. Evidence found after the arrest or during the search will not be admissible to prove the original probable cause.
True
False
Only the specifically described property or items set forth in a search warrant issued or property, items or contraband may be seized
True
False
Petitioner was convicted in a federal district court for a violation of the Liquor Enforcement Act of 1936, on charges of transporting intoxicating liquor into Oklahoma contrary to the laws of that State. In this Supreme Court Case, probable cause exists where the facts and circumstances within the officer’s knowledge, and 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. What below case has to do with probable cause to arrest?
Pryor v. State
Graham v. State
Brinegar v. United States
Terry v. Ohio
Reference to CCP, Art. 17.292, a defendant's appearance before a magistrate after arrest for an offense involving family violence the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of?
Victim of the offense
Guardian of the victim
Peace officer
Attorney representing the state
All of the above can make a request to the magistrate
The person arrested is taken into custody either by physical force or by submission to assertion of authority is called?
Actual seizure
Shack down
Freedom taker
Detention
The affidavit made before the magistrate or district or county attorney is called a “__________” if it charges the commission of an offense
Complaint
Summons
Subpoena
Seizure
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.
Validity
Probable cause
Fruits of the crime
Totality of circumstances
The purpose of a “________________” entry, is designed to let occupants know its police that want to enter premises…they knock and announce presence and wait a reasonable amount of time. Both parties less at risk if door is opened peacefully.
Knock and announce
No knock
Mississippi search warrant
Nighttime
There are two different but similar definitions of probable cause, one for search and one for arrest, because different types of information are required to establish probable cause in each instance.
True
False
What Supreme Court case dealing with DEA Agents stopping an individual at the Honolulu Airport possession of cocaine. The court held on the facts of this case, the DEA agents had a reasonable suspicion that respondent was transporting illegal drugs when they stopped him.
United States v. Sokolow
Graham v. State
Beck v. Ohio
Carroll v. United States
What below Supreme Court case was a decision by the United States Supreme Court that upheld the warrantless searches of an automobile, which is known as the “automobile exception?” The case has also been cited as widening the scope of warrantless search. The Supreme Court ruled that automobiles could be subjected to warrantless searches and seizures under the Fourth Amendment.
Arizona v. Grant
Carroll v. United States
Helen v. United States
Boyd v. United States
What case was a United States Supreme Court case that determined "seizure" occurs when an officer uses displays of authority to detain a person?
Terry v. Ohio
United States v. Mendenhall
Ferris v. State
New York v. Belton
What court case had to do with peace officers to advise persons in custody prior to interrogation that they have the right to an attorney and if they cannot afford an attorney, one will be appointed to represent them?
Terry v. Ohio
Miranda v. Arizona
Illinois v. Gates
Carroll v. United States
What court case has to do with if the persons in custody request an attorney, the interrogations must cease until an attorney is present or, alternatively, until there is at least a fourteen-day break in Miranda custody.
Illinois v. Gates
Pryor v. State
Maryland v. Shatzer
Terry v. Ohio
What is it called when 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?
Consensual encounters
Chance meeting
Investigatory stops
Arrest
What, was a landmark decision of the Supreme Court of the United States in which the Court ruled that the Fourth Amendment's prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous." The case is sometimes referred to as “Stop and Frisk”
Pennsylvania v. Mimms
Florida v. Royer
Carroll v. United States
Terry v. Ohio
Which case below had to deal with probable cause and exigent circumstances in regards to breaking up a violent fight permit warrantless entry into the dwelling without a warrant? This case is also known as the “Knock and announce” rule.
Brigham City, Utah v. Stuart
Brigham City, Utah v. Nelson
United States v. Chadwick
Horton V. California
Which court case below has to do with absent exigent circumstances, a peace officer may not make a warrantless entry into a suspect’s home to make a routine felony arrest?
New York v. Belton
Terry v. Ohio
Payton V. New York
Miranda v. Arizona
