QUESTIONS |GUARANTEED PASS!!
No defendant can be convicted without? - ACCURATE ANSWERS✔✔
Evidence
Officers two important roles concerning evidence? - ACCURATE
ANSWERS✔✔ Find evidence with or without a warrant; helps the
prosecutor get the evidence admitted at trial.
The main duty of persecutors is? - ACCURATE ANSWERS✔✔ To
make sure justice is done.
Brady VS Maryland - ACCURATE ANSWERS✔✔ 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. -
ACCURATE ANSWERS✔✔ 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 - ACCURATE ANSWERS✔✔ 1) Supported by
probable cause. 2) search made with warrant or exception to warrant
requirement.
,Probable Cause - ACCURATE ANSWERS✔✔ Enough facts to show
evidence of a crime will be found
Exceptions to search warrant requirements. - ACCURATE
ANSWERS✔✔ 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 - ACCURATE ANSWERS✔✔ Intrusion into an area
covered by reasonable expectation of privacy.
Areas of reasonable expectation of privacy. - ACCURATE
ANSWERS✔✔ 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. - ACCURATE ANSWERS✔✔ 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 - ACCURATE ANSWERS✔✔ 4th Amendment
does not cover something when its in plain view
Plain Touch Doctrine - ACCURATE ANSWERS✔✔ During a proper
pat down for weapons if officer detects something that is immediately
apparent to be drugs or weapons, the officer may seize without a
warrant.
Public Scent - ACCURATE ANSWERS✔✔ When a drug dog detects
contraband in a public place it is not a search.
K9 Sniff - ACCURATE ANSWERS✔✔ Sniff around exterior of car in a
public place during a valid traffic stop = no violation of 4th Amendment
Abandonment - ACCURATE ANSWERS✔✔ If person voluntarily
abandons property, officer may retrieve it and no search occurred.
Excludes when officer attempts to stop person for no reason, person
throws drugs and runs away.
Standing - ACCURATE ANSWERS✔✔ Persons right to complain about
an improper search at trail.
, Warrant Contents - ACCURATE ANSWERS✔✔ 1) labeled in the name
of "The State of Texas" 2) Statement describing the evidence to be taken
and person, place, or thing to be searched 3) Must command a peace
officer 4) Must be signed by a judge
Warrant issued to photograph an injured child. - ACCURATE
ANSWERS✔✔ 1) Must name or describe the child to be photographed
2) Film is delivered to judge 3) Must be executed by an officer that is the
same sex as the child; If the officer is not he same sex as the child they
must be assisted by someone who is the same sex as the child/victim.
Warrant for Fire Marshal and Health officers (Determine hazards or
violations) - ACCURATE ANSWERS✔✔ Must have PC. 1) Age and
condition of place 2) Previous Violations 3) Type of place to be searched
4) Purpose of which place used 5) Presence of violations or hazards
Court order for interception of wire or oral communications -
ACCURATE ANSWERS✔✔ 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 - ACCURATE
ANSWERS✔✔ 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