Texas DPS CID Exam
Study Set Correct
Questions &
Answers(Latest Update
2024)Correct 100%
No defendant can be convicted without? - ANSWER Evidence
Officers two important roles concerning evidence? - ANSWER Find evidence with or without a warrant;
helps the prosecutor get the evidence admitted at trial.
The main duty of persecutors is? - ANSWER To make sure justice is done.
Brady VS Maryland - ANSWER the prosecution is required to disclose all evidence to the accused
Even though an officer may obtain evidence properly under 4th amendment it may not be admissible
under Texas Constitution. - ANSWER EX. Richardson VS. State. In federal law no right to privacy on
numbers dialed on a phone, but in Texas citizens have a right to privacy regarding numbers dialed on a
phone.
,Reasonable search - ANSWER 1) Supported by probable cause. 2) search made with warrant or exception
to warrant requirement.
Probable Cause - ANSWER Enough facts to show evidence of a crime will be found
Exceptions to search warrant requirements. - ANSWER 1) Incident to lawful arrest. 2) Terry search 3)
Administrative search 4) Consent 5)Border, airport, or roadblock 6) Inventory 7) Automobile 8)
Emergency
Search defined - ANSWER Intrusion into an area covered by reasonable expectation of privacy.
Areas of reasonable expectation of privacy. - ANSWER 1) House and curtilage 2) Car, van, motor home, or
recreation vehicle 3) Persons body including blood 4) Purse, wallet, and suitcase 5) Backpack 6) Hotel
room 7) Telephone booth 8) Desk and private office 9) Private dressing room in club 10) Bathroom stall
11) Box or envelope 12) Diary or personal letter 13) Numbers dialed from a phone
No expectation of privacy. - ANSWER 1) Garbage placed on curb for collection 2) Photo of persons wound
or injury 3) Persons facial appearance 4) Public waiting room at doctors office 5) Dressing room at store if
customer informed room under surveillance for shoplifting 6) Hotel room where manager calls to vacate
person who's not paid or time is expired 7) Public street, building or area which public given access 8)
common area where public may go 9) Automotive VIN 10) Bank account info voluntarily given to a bank
11) Monitoring beeper used to follow transport of drugs 12) Allowing drug detection K9 to sniff piece of
luggage in public place 13) VIN located on vehicle dash or door jamb 14) Prison cell
Plain View Doctrine - ANSWER 4th Amendment does not cover something when its in plain view
Court order for interception of wire or oral communications - ANSWER PC to show that provide evidence
of a FELONY other that felony possession of marijuana, or a FELONY under the TEXAS Dangerous Drug
Act. Tap not authorized for other offenses.
Things for Which a Search Warrant May be Issued - ANSWER 1) property acquired by theft or other
criminal ways; 2) property specifically designed, made, or adapted for or commonly used in the
commission of a crime; 3) arms & ammo kept or prepared for insurrection or riot; 4) weapon prohibited
by PC; 5) gambling devise, equipment, or paraphernalia; 6) obscene material for commercial
, distribution/exhibition; 7) drug, controlled substance, immediate or chemical precursor, other CS
properties, including paraphernalia; 8) possession of property prohibited by law; 9) implement or
instrument used in commission of crime; 10) property or items, except personal writings of accused,
constituting evidence of a crime or evidence tending to show a particular person committed crime; 11) a
person; 12) contraband subject to forfeiture under CH.59 CCP.
Evidentiary Search Warrants - ANSWER Example: Officer knows murder was committed & victim beaten
w/ bat or stick. Officer wants to get search warrant for suspect home to look for evidence, such as
bloody clothes or victims property. Possession of bloody clothes, sticks, or bats is not illegal, but would
help to show suspect committed crime. The officer would need to get evidentiary search warrant.
Special Probable Cause Requirements for Evidentiary Search Warrant - ANSWER 1) specific offense has
been committed, 2) evidence wanted is of the crime, or evidence showing person committed the crime,
3) evidence wanted is located where wanting to search.
Arrest Warrant Validity - ANSWER An arrest warrant is valid anywhere in Texas, this is not true for a
search warrant. The magistrate signing the search warrant must have geographic authority over area to
be searched.
Gates v. Illinois - ANSWER Is the most important case on PC. Anonymous letter sent to police about drug
dealers.
Who Decides Whether Probable Cause Exists - ANSWER 1) the officer 2) the magistrate 3) the trial judge
4) appellant judge
Anonymous Informer - ANSWER Most courts have held that generally, info given by anonymous informer
will never, standing alone, be sufficient to establish PC. If officer wants to use info from unidentified
source, officer may establish credibility by corroborating some of the info given. (Example: call in of red
car in mall parking lot selling drugs, officer does surveillance & confirms.) Officer corroborated.
Burden of Proof on Probable Cause - ANSWER Although PC is sometimes hard to provide, an officer can
be sure of one thing: PC is not proof beyond a reasonable doubt, not even a preponderance of evidence
is needed. PC only requires a "fair probability" of what the officer wants will be located where the officer
wants to search, or for an arrest warrant that the person committed the crime. Proof beyond a
reasonable doubt is not required. This means less than a 50/50 probability is required.
, Four Corners Rule - ANSWER Issuing Authority's review of probable cause must be based solely on facts
contained in the written application
Nexus - ANSWER (a connection or link) officer must put enough facts in affidavit to show evidence will be
in place sought to be searched. This is called a "nexus" between the place and the evidence. Example:
You find drugs in car on routine traffic stop. You want search warrant for suspects home. You have to
connect illegal activity to the home in the affidavit to have PC to search home. If you cant, no "nexus"
between illegal items in car to house. Link between evidence & place to search.
Search warrant allowed days to execute - ANSWER w/in 5 days of issuance
DNA warrant allowed days to execute - ANSWER DNA specimen is sought, in which case 17 days are
given
"Knock and Announce" Requirement - ANSWER Before an officer goes inside a house to execute a
warrant, the officer must "knock & announce" his presence, to let any person inside house know officers
presence outside and intentions to enter on authority of the warrant. This rule dates back to England in
the 1600's. Used for officer safety.
Exceptions to "Knock and Announce" Requirement - ANSWER Officers must have reasonable suspicion
that 1) poses a danger to officers, or 2) would affect the investigation of the crime (suspect destroying
evidence). Example: suspect known to have weapon inside with violent tendencies & surveillance system
outside.
Copies Of Warrant - ANSWER Police should always make several copies of warrant & affidavit.
· First, the officer will need to leave a copy of search warrant & affidavit at place, after search.
· Second, the officer needs to retain a copy of each, in case prosecutor loses originals.
· Once officer makes return to magistrate, warrant & affidavit become public records.
Protective Sweeps - ANSWER officer has legal authority to make protective sweep of an area if officer has
reason to believe someone could be hiding who could hurt the officer
Places considered being w/in curtilage - ANSWER carport, chicken coop, doghouse, patio, & vehicles
