Case Law
Arizona V. Gant
What supreme court case law placed a limit as to when a peace officer may search a vehicle after arrest of the operator or driver?
Police may search the passenger compartment incident to arrest only if it is _____________ to believe that the arrestee might access the vehicle at the time of the search…..
Reasonable
A pat down of outer clothing for weapons only
What is a Terry Frisk or Frisk
The person is actually placed under restraint or taken into custody by an officer with or without a warrant.
What is Article 15.22 CCP - When a person is arrested
In the U.S. a person is protected from unreasonable searches and seizures by what?
What is the Fourth Amendment
Carrol Doctrine or Carrol V. US
What is the Automobile Exception Case Law
15 Days, not including day of issuance and execution.
What is the time a DNA Search warrant is to be executed.
Apparent state of facts and circumstances found to exist upon reasonable inquiry, which would induce a reasonable and prudent person to believe more likely than not, that a person has committed a crime.
What is probable cause
Whether or not someone is under arrest
Intent, Authority, Detention/Seizure, Understanding are the four factors of what?
The amendment that covers the right from self incrimination
What is the 5th amendment.
Mapp V. Ohio
What is the case law pertaining to the Exclusionary Rule?
3 days, not including day of issuance or day of execution.
What is time a search warrant is to be executed.
Trash in dumpster behind a residence.
What is abandoned property.
Pointing your gun at a suspect to make him stop and submit to your authority is an example of what?
What is Constructive Seizure/custody
Amendment to the constitution covering right to trial by jury, impartial jury.
What is the 6th Amendment
Miranda V. Arizona
What is the right to have an attorney present during questioning or miranda warning
A search warrant is required under this amendment.
What is the 4th amendment.
Consent to Search must be...
What is Voluntary
The offense is committed in their presence and is a felony or an offense against the public peace.
Anyone May arrest without a warrant when?
Amendment to the US Constitution granting freedom of speech, press, religion, petition.
What is the 1st Amendment
Wong Sun v US
What is the poisonous tree doctrine.
Requirement of a warrant validated by the affiant's signature.
What is Oath and Affirmation
Allows a warrantless seizure of items an officer sees from a place where he has the right to be and that he immediately recognizes as contraband.
What is the plain view doctrine.
Order of Arrest issued by a clerk of the court
What is a capias
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What is the 8th amendment