USE OF FORCE
Force that is intended or known by the actor to cause, or in the manner of its use is capable of causing serious bodily injury or death.
What is deadly force?
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial
What is the 5th Amendment?
What are the 3 classes of misdemeanors in Texas?
What are Class A, Class B and Class C?
Evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts
What is Mapp vs. Ohio?
What 4 elements must occur for an arrest to be lawful?
What is:
1) Intent to make arrest
2) Authority to arrest
3) Seizure and detention of person
4) Understanding by the person that they are under arrest.
Officer may use only one level of force greater than the level of resistance used by the subject.
What is the one plus one theory?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What is the 8th Amendment?
What are the levels of felonies in Texas?
What are state jail felony, 3rd degree felony, 2nd degree felony, 1st degree felony and capitol felony.
An officer may perform a search for weapons without a warrant, even without probable cause, when the officer reasonably believes that the person may be armed and dangerous.
What is Terry v. Ohio?
What is one reason an officer could make a warrantless arrest?
What is an emergency circumstance?
Officer in uniform
What is officers presence?
The right of the people to peaceably assemble, and to petition the government for a redress of grievances.
What is the 1st Amendment?
A fine up to $500 (no jail time, just a citation)
What is a Class C Misdemeanor?
If an officer has probable cause to believe the suspect poses a threat of serious bodily harm either to fellow officers or to others, it is not constitutionally unreasonable to prevent escape by using deadly force.
What is Tennessee v. Garner?
What are the 3 things that you cannot arrest for in Texas? (Moving Violations)
What is:
1) Speeding
2) Open Container
3) Texting while driving
Designed to control passive resistance; does not cause bruises or injuries.
What is soft empty hands control?
The right of the people to be secure in the their persons, houses, papers and effects, against unreasonable searches.
What is the 4th Amendment?
180 to 2 years state prison and/or a fine up to $10,000
What is a Stat Jail Felony?
Government authorities need to inform individuals of their Fifth Amendment constitutional rights prior to an interrogation following an arrest.
What is Miranda v. Arizona?
What is the one thing you HAVE to arrest on?
What is violation of protective orders?
A physical act designed to prevent the officer from gaining control.
What is active resistance?
No person shall be deprived of life, liberty or property without due process of law.
What is the 5th Amendment?
Murder of a child under the age of 10
What is Capital Murder (Capital Felony)?
The right of an indigent defendant to appointed counsel is a fundamental right, essential to a fair trial. Failure to provide an indigent defendant with an attorney is a violation of the Fourteenth Amendment of the United States Constitution (“Constitution”).
What is Gideon v. Wainwright
When must a person be Mirandized?
What is when they are in custody and before they are interrogated?