TCOLE Arrest, Search, and Seizure 3 — Questions and Answers
Question 1: Under the 'knock and announce' rule in Texas, officers must announce their presence before entry UNLESS:
- The warrant is signed by a district judge rather than a magistrate
- Exigent circumstances exist such as danger to life or likely destruction of evidence (Correct answer)
- The search is conducted after sunset
- The suspect has a prior criminal record
Correct 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.
Question 2: A consensual encounter between a police officer and a citizen becomes a Fourth Amendment seizure when:
- The officer asks the citizen a question
- A reasonable person would not feel free to decline the officer's requests or terminate the encounter (Correct answer)
- The officer is in full uniform
- The encounter occurs at night
Correct 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.
Question 3: When executing a search warrant, officers may detain occupants present at the scene primarily because:
- Occupants are presumed guilty by their presence
- Detention prevents flight, minimizes risk to officers, and facilitates orderly execution of the warrant (Correct answer)
- Texas law requires all occupants to be handcuffed
- It allows officers to conduct a full inventory of persons
Correct 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.
Question 4: The 'Terry stop' standard requires an officer to have at minimum:
- Probable cause that a crime has occurred
- Reasonable articulable suspicion of criminal activity (Correct answer)
- A warrant or exigent circumstances
- Consent from the individual
Correct 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.
Question 5: Which of the following does NOT establish exigent circumstances justifying a warrantless entry in Texas?
- Hot pursuit of a fleeing felony suspect
- Imminent destruction of evidence
- Community caretaking function for a medical emergency
- An anonymous tip with no corroboration alleging a noise violation (Correct answer)
Correct 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.
Question 6: Under Texas law, a peace officer may arrest a person for a Class C misdemeanor without a warrant only when:
- The officer witnesses the offense and the person may cause harm to themselves or others if not immediately arrested (Correct answer)
- The officer has reasonable suspicion
- A supervisor authorizes the arrest by radio
- The suspect is on parole or probation
Correct 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.
Question 7: The concept of 'curtilage' is legally significant because:
- It defines where a suspect may lawfully be arrested without a warrant
- It extends Fourth Amendment protections to the area immediately surrounding a home (Correct answer)
- It establishes the boundary of a school zone
- It describes property subject to civil forfeiture
Correct 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.
TCOLE Arrest, Search, and Seizure 3
Under the 'knock and announce' rule in Texas, officers must announce their presence before entry UNLESS: