TCOLE Arrest, Search, and Seizure 4

Question 1

A search incident to arrest is constitutionally justified primarily to:

Accepted Answer

Remove weapons and prevent destruction of evidence

Answer

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.

Question 2

Under the 'inevitable discovery' doctrine, unlawfully obtained evidence may still be admitted at trial if:

Accepted Answer

The prosecution proves the evidence would have been discovered through independent lawful means

Answer

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.

Question 3

A drug-detection dog alert on the exterior of a lawfully stopped vehicle:

Accepted Answer

Provides probable cause to search the vehicle without a warrant

Answer

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.

Question 4

In Texas, which article of the Code of Criminal Procedure governs the issuance of search warrants?

Accepted Answer

Article 18.01

Answer

Texas CCP Chapter 18 (Art. 18.01 et seq.) governs search warrants, including the requirements for issuance, execution, and return.

Question 5

The exclusionary rule established in Mapp v. Ohio applies to:

Accepted Answer

Both federal and state courts

Answer

Mapp v. Ohio (1961) incorporated the exclusionary rule to the states via the Fourteenth Amendment, making it applicable in both federal and state courts.

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE Arrest, Search, and Seizure 4