TCOLE Arrest, Search, and Seizure 5

Question 1

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

Accepted Answer

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

Answer

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.

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

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

Answer

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.

Question 5

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

Accepted Answer

Katz v. United States

Answer

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

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE Arrest, Search, and Seizure 5