The right of the people to be secure from unreasonable searches is protected by

the Fourth Amendment of the Constitution

No warrant is required

if valid consent is given to search

Which of the following are not elements of probable cause, if any?

race of the suject being different from that of the pupulation in the area

A peace officer may arrest an offender without a warrant for:

any offense committed in the presence or within view

is always open to police as evidence

An invitation to enter a house is:

a situation that would allow the officer to use the plain view doctrine

Which of the following is a category of evidence that may not be seized in a search?

personal writings of the accused

A frisk is legally a:

pat down of the outer clothing for weapons

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

After an officer arrests a suspect without a warrant

the suspect should be taken before a magistrate without unnecessary delay

If a peace officer develops probable cause that a criminal violation is about to occur, and no warrant he may

make a lawful arrest without a warrant

A bacis requirement of the Plain View Doctrine is that the

officer must have a legal right to be /when evidence of a crime is observed

What is the sole purpose of the frisk?

to protect the safety of the officer or other persons

Which of the following is not a accurate statement about a consent search?

the individual must sign a "consent to search" form

a writ commanding a peace officer to arrest an accused person

A peace officer may arrest when one family member assaults another and:

Probable cause exists to believe there will be further bodily injury

Chimel vs. California involved searches of.

the arm's reach area near an arrestee

is always open to police as evidence

Which of the following is a necessary element of a lawful arrest?

authority of the arresting person

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Arrest, Search, and Seizure Texas BPOC

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Answers

1
Who signs the complaint made before a magistrate
the victim
the affiant
the judge
the eyewitness
2
The facts of an illegal arrest ordinarily will
allow illegal evidence to be used legally
all of the answers are correct
render admissible evidence
render inadmissible evidence
3
The minimum element(s) required for temporary detention include all but which of the following
rational suspicion by a officer that some activity is out of the ordinary
indication the suspicious activity is related to a specific offense
indication to connect the person to be detained w/ the suspicious activity
probable cause
4
The right of the people to be secure from unreasonable searches is protected by
the Fourth Amendment of the Constitution
Section 4, Paragraph 1.9 U.S Code
Article 1, Section 9 of the U.S. Constitution
Article 1.06 of the Texas Penal Code
5
An arrest warrant may be served
at anytime of the day or night
only at a reasonable hour
anytime except on religious holidays
only during the day
6
The landmark federal case on stop & frisk was
Aguilar vs. Texas
Riddick vs. New York
Terry vs. Ohio
Miranda vs. Arizona
7
No warrant is required
to search a private residence
if valid consent is given to search
to search locked luggage in the trunk of a car
to search a garage attached to a residence.
8
Which of the following are not elements of probable cause, if any?
race of the suject being different from that of the pupulation in the area
none correct
area of high crime rate
furtive act
9
A peace officer may arrest an offender without a warrant for:
any offense committed in the presence or within view
any offense committed, whether in the officer's presence or not
any felony which has been previously reported to the officer
any felony or misdemeanor upon information from a credible person
10
abandoned property:
can be held as evidence only if directly connected to a crime
can be held as evidence only if its's contraband
is always open to police as evidence
is never admissible in court.
11
An invitation to enter a house is:
all answers are correct
a consent to have tea
a consent to a search of the home
a situation that would allow the officer to use the plain view doctrine
12
Which of the following is a category of evidence that may not be seized in a search?
personal writings of the accused
fruits of the crime
all items listed can be seized
weapons
13
A search warrant may be issued to search for and seize
all answers are correct
arms and munitions kept or prepared for the purpose of insurrection or riot
property specially designed,made or adapted for or commonly used/an offense
property acquired by theft or in any other manner makes its acquistion
14
An inventory is a search of a person's car for contraband
False
True
15
A frisk is legally a:
formality to find drugs
a search of the outer clothing
fishing expedition for probable cause
pat down of the outer clothing for weapons
16
Mapp vs. Ohio is the Supreme court case that gave rise to
The Exclusionary Rule
the right to an attorney during questioning rule
the two-prong rule
the wing-span rule
17
Which of the following is not legal justification for an inventory search of a vehicle
it is reasonable to impund the vehicle
the discovery of evidence to be used against the defendant
protection of the suspect personal property rights
protection of the arresting officer from civil liability
18
After an officer arrests a suspect without a warrant
the suspect can not be booked into jail before being taken to magistrate
the suspect only needs to be taken before a magistrate if a felony
suspect can be held for 72hrs without being taken to a court
the suspect should be taken before a magistrate without unnecessary delay
19
Which U.S. Constitution amendment provides for te protection agains double jeopardy
3rd
8th
5th
14th
20
If a peace officer develops probable cause that a criminal violation is about to occur, and no warrant he may
contact a advise a magistrate of the situation
take no action
make a lawful arrest without a warrant
Call for assistance
21
The rule that stated that evidence seized as a result of an illegal arrest, search or seizure is known at the
bad cop doctrine
exclusionary rule
righteous act
rule of sherney
22
Shoplifters may be arrested
only by store employees
by any citizen
only by security guards
only by police officers
23
Which of the following may a citizen make a lawful arrest if committed in his/her view?
Capital murder
all answers are correct
a misdemeanor weapons violation
murder
24
An order of arrest issued by a clerk of the court is called a :
affidavit
capias
writ of attachment
warrant of arrest
25
Which of the following is not required in an arrest warrant
the offense the person is accused of
the name of the affiant
the name of the magistrate's office
the name or description of the accused
26
A bacis requirement of the Plain View Doctrine is that the
the suspect knows the officer is watching
officer is in uniform
officer must have a legal right to be /when evidence of a crime is observed
officer has probable cause to have been looking in that direction
27
What is the sole purpose of the frisk?
to discover illegal weapons
protect the civil rights /the person to be free from unreasonable searches.
to detect criminal offenses
to protect the safety of the officer or other persons
28
Probable cause can be established through the senses of
Sight
hearing
smell
any of a person's senses
29
Which are elements that give the existence of probable cause to arrest?
abnormal demeanor
all answers are correct
high crime area
furtive acts
30
when making an arrest without a warrant,an officer is not permitted to enter the residence of another if
the offense is misdemeanor
he has the written consent of the occupant
he observes a criminal act of violence inside the residence
exigent circumstances exist that require non-consensual entry
31
Which of the following is not a accurate statement about a consent search?
consent to search must be voluntary
the individual must sign a "consent to search" form
consent may be withdrawn at any time
the officer will be required to prove the consent was given & was voluntary
32
An arrest warrant is:
always signed by the magistrate in the county where the defendant is cuffed
only valid in the county in which the crime was committed
valid for three days, excluding the day execution and day issuance
valid until executed
33
A warrant of arrest is executed by :
arresting the suspect
getting it signed by the magistrate
taking the suspect to the magistrate immediately after the arrest
booking the suspect
34
The hardest authority for a search to prove in court is
all answers are correct
lawful arrest
probable cause
consent
35
an affidavit for an arrest warrant is :
a complaint
a capias
a summons
a written order from the magistrate to an officer commanding an arrest
36
A capias is
an affidavit showing the time, place and type of offense
an order commanding a witness to appear in court
a writ commanding a peace officer to arrest an accused person
an order giving a peace officer the authority to search a particular place
37
In order to frisk a stopped suspec, an officer must reasonable believe that the suspect is:
about to flee
armed
guilty of a crime
under seventeen
38
A peace officer may arrest when one family member assaults another and:
Probable cause exists to believe there will be further bodily injury
a warrant has been obtained
the familyt member refuses to get involved
there are children in the home
39
Chimel vs. California involved searches of.
frisks of suspicious persons
automobile glove compartments
the arm's reach area near an arrestee
abandoned property
40
Which of the following infromation can be used to build probable cause
evidence found after the arrest
hearsay information
prejudices of the officer
nonsuspicious conduct
41
what are some prime safeguards to effect a successful arrest?
good judgement
proper planning
experience
all answers are correct
42
____ is defined as the apprehension of something without proof, or on slight evidence
probable cause
suspicion
suspicious circumstances
ordinary circumstances
43
A written order of a magistrate, directed to a peace officer commanding/body of accused of an offense
capias
affidavit
order of sequestration
warrant of arrest
44
A search warrant does not need:
probable cause
an affidavit
all answers are correct
an identified suspect
45
Abandoned property:
is never admissible in court.
can be held as evidence only if directly connected to a crime
can be held as evidence only if it is contraband
is always open to police as evidence
46
Which Supreme Court ruling involves searches of the inside of a motor vehicle within arms reach area near an arrestee
Chimel vs. California
Montgomery vs. California
Barringer vs. Texas
Walker vs. Florida
47
Of the following, which amendment does not address due process as a Constitutional guarantee
none address due process
14th
5th
8th
48
At the moment of arrest,____ ceases to build
criminal offenses
evidence
authority to search
probable cause
49
Which of the following is a necessary element of a lawful arrest?
arresting person must be a peace officer or reserve officer
physical touching by officer
person arrested must have been the one who committed the crime
authority of the arresting person
50
Which of the following offenses may a citizen make a lawful arrest if the offense is committed within presence or view
criminal mischief
gambling
correct answer not listed
prostitution

Arrest, Search, and Seizure Texas BPOC Flashcards | StudBud