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 the 'knock and announce' rule in Texas, officers must announce their presence before entry UNLESS:
Answer: Exigent circumstances exist such as danger to life or likely destruction of evidence
Texas CCP Art. 15.25 and federal precedent allow officers to dispense with knock-and-announce when exigent circumstances, such as risk of violence or evidence destruction, exist.
A consensual encounter between a police officer and a citizen becomes a Fourth Amendment seizure when:
Answer: A reasonable person would not feel free to decline the officer's requests or terminate the encounter
Florida v. Bostick established that a seizure occurs when, considering all circumstances, a reasonable person would not feel free to leave or refuse the officer's requests.
When executing a search warrant, officers may detain occupants present at the scene primarily because:
Answer: Detention prevents flight, minimizes risk to officers, and facilitates orderly execution of the warrant
Michigan v. Summers held that the substantial interests in preventing flight, officer safety, and orderly search execution justify detaining occupants during a search.
The 'Terry stop' standard requires an officer to have at minimum:
Answer: Reasonable articulable suspicion of criminal activity
Terry v. Ohio held that a brief investigative stop is constitutionally permissible when an officer has reasonable articulable suspicion of criminal activity.
Which of the following does NOT establish exigent circumstances justifying a warrantless entry in Texas?
Answer: An anonymous tip with no corroboration alleging a noise violation
An uncorroborated anonymous tip about a minor violation lacks the reliability and urgency needed to constitute exigent circumstances for warrantless entry.
Under Texas law, a peace officer may arrest a person for a Class C misdemeanor without a warrant only when:
Answer: The officer witnesses the offense and the person may cause harm to themselves or others if not immediately arrested
Texas CCP Art. 14.03 allows warrantless arrest for certain Class C misdemeanors when committed in the officer's presence and the person poses a continuing danger.
The concept of 'curtilage' is legally significant because:
Answer: It extends Fourth Amendment protections to the area immediately surrounding a home
Curtilage — the area immediately adjacent to and associated with the home — receives the same Fourth Amendment protection as the home itself.