Arrest, Search, and Seizure Flashcards
7 cards from real TCOLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Arrest, Search, and Seizure flashcards as text
Under Texas law, which standard is required before an officer may conduct a warrantless arrest for a Class B misdemeanor committed outside the officer's presence?
Answer: The offense must have been committed in the officer's presence
Texas Code of Criminal Procedure Art. 14.01 requires that a misdemeanor be committed in the officer's presence or view for a warrantless arrest.
The 'automobile exception' to the warrant requirement allows officers to search a vehicle without a warrant when:
Answer: There is probable cause to believe the vehicle contains contraband or evidence of a crime
The automobile exception, established in Carroll v. United States, permits a warrantless vehicle search when probable cause exists to believe it contains contraband or evidence.
A magistrate's warrant must particularly describe the place to be searched primarily to:
Answer: Limit the search to only what is named in the warrant
The particularity requirement of the Fourth Amendment prevents general, exploratory searches by confining officers to the specific place and items named in the warrant.
During a lawful traffic stop, an officer may order passengers out of the vehicle:
Answer: As a routine safety measure without additional justification
Maryland v. Wilson extended Pennsylvania v. Mimms, holding officers may order passengers out of a stopped vehicle as a routine safety precaution.
The 'plain view' doctrine permits warrantless seizure of evidence when all of the following are met EXCEPT:
Answer: The item was deliberately hidden by the suspect
Plain view requires lawful presence, immediately apparent incriminating character, and lawful access to the object — deliberate concealment by the suspect is not a required element.
In Texas, an arrest warrant is presumed invalid if it lacks which of the following?
Answer: A sworn affidavit establishing probable cause
Texas CCP Art. 15.05 requires that an arrest warrant be supported by a sworn affidavit showing probable cause or it is void.
Which exception to the exclusionary rule allows evidence to be admitted if officers relied in good faith on a warrant later found to be defective?
Answer: Good faith exception
The good faith exception, established in United States v. Leon, allows evidence obtained by officers who reasonably relied on a facially valid but defective warrant.