Arrest, Search, and Seizure Flashcards

Texas CCP Art. 38.23 differs from the federal exclusionary rule because it:

Answer: Excludes evidence obtained in violation of any law, including state statutes — not just constitutional violations

Art. 38.23 is broader than the federal rule, excluding evidence obtained in violation of any provision of state or federal law, not just constitutional violations.

The 'standing' requirement for a Fourth Amendment suppression motion means the defendant must show:

Answer: They have a reasonable expectation of privacy in the place or item searched

A defendant must demonstrate a personal, reasonable expectation of privacy in the area searched to have standing to challenge the search under the Fourth Amendment.

When a suspect voluntarily abandons property before being stopped by police, the Fourth Amendment generally:

Answer: Does not protect the abandoned property because the suspect has relinquished any expectation of privacy

Abandoned property is not protected by the Fourth Amendment because a person who voluntarily discards property has relinquished any reasonable expectation of privacy in it.

A 'no-knock' search warrant in Texas may be authorized when the affidavit establishes:

Answer: Knocking and announcing would be dangerous or futile, or would inhibit the investigation

Texas CCP Art. 18.06 and Richards v. Wisconsin allow no-knock entry when officers demonstrate that announcement would be dangerous, futile, or allow destruction of evidence.

The concept of 'reasonable expectation of privacy' was articulated in which landmark Supreme Court case?

Answer: Katz v. United States

Katz v. United States (1967) established the 'reasonable expectation of privacy' test, shifting Fourth Amendment analysis from physical trespass to privacy expectations.

Under Texas law, a warrantless arrest made in a private residence is generally:

Answer: Prohibited unless exigent circumstances or consent exist

Payton v. New York held that the Fourth Amendment prohibits warrantless, nonconsensual entry into a home to make a routine felony arrest absent exigent circumstances.

A consent search may be invalidated if the court finds that the consent was:

Answer: The product of coercion, duress, or a Fourth Amendment violation that tainted the consent

Consent is involuntary — and therefore invalid — when it results from coercion, duress, or is tainted by a prior unlawful detention under the Fourth Amendment.