TCOLE Arrest, Search, and Seizure 2

Question 1

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?

Accepted Answer

The offense must have been committed in the officer's presence

Answer

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.

Question 2

The 'automobile exception' to the warrant requirement allows officers to search a vehicle without a warrant when:

Accepted Answer

There is probable cause to believe the vehicle contains contraband or evidence of a crime

Answer

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.

Question 3

A magistrate's warrant must particularly describe the place to be searched primarily to:

Accepted Answer

Limit the search to only what is named in the warrant

Answer

The particularity requirement of the Fourth Amendment prevents general, exploratory searches by confining officers to the specific place and items named in the warrant.

Question 4

During a lawful traffic stop, an officer may order passengers out of the vehicle:

Accepted Answer

As a routine safety measure without additional justification

Answer

Maryland v. Wilson extended Pennsylvania v. Mimms, holding officers may order passengers out of a stopped vehicle as a routine safety precaution.

Question 5

The 'plain view' doctrine permits warrantless seizure of evidence when all of the following are met EXCEPT:

Accepted Answer

The item was deliberately hidden by the suspect

Answer

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.

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE Arrest, Search, and Seizure 2