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
A search incident to arrest is constitutionally justified primarily to:
Answer: Remove weapons and prevent destruction of evidence
Chimel v. California established that a search incident to arrest is limited to the area within the arrestee's immediate control to remove weapons and prevent evidence destruction.
Under the 'inevitable discovery' doctrine, unlawfully obtained evidence may still be admitted at trial if:
Answer: The prosecution proves the evidence would have been discovered through independent lawful means
Nix v. Williams established that evidence is admissible if the prosecution demonstrates by a preponderance that it inevitably would have been discovered through lawful investigative means.
A drug-detection dog alert on the exterior of a lawfully stopped vehicle:
Answer: Provides probable cause to search the vehicle without a warrant
Illinois v. Caballes held that a dog sniff of a vehicle's exterior during a lawful stop does not implicate the Fourth Amendment, and a positive alert provides probable cause to search.
In Texas, which article of the Code of Criminal Procedure governs the issuance of search warrants?
Answer: Article 18.01
Texas CCP Chapter 18 (Art. 18.01 et seq.) governs search warrants, including the requirements for issuance, execution, and return.
The exclusionary rule established in Mapp v. Ohio applies to:
Answer: Both federal and state courts
Mapp v. Ohio (1961) incorporated the exclusionary rule to the states via the Fourteenth Amendment, making it applicable in both federal and state courts.
An officer who stops a vehicle for a traffic violation and develops independent probable cause may:
Answer: Extend the stop and conduct a search consistent with that probable cause
When an officer develops independent probable cause during a lawful traffic stop, the scope of the encounter may be extended to pursue that new basis for investigation.
Which of the following is NOT a recognized exception to the warrant requirement?
Answer: Investigative hunch based on officer experience alone
An officer's investigative hunch, without articulable facts, does not constitute a recognized exception to the Fourth Amendment's warrant requirement.