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APD Final Exam Solved 100% Correct
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APD Final Exam Solved 100% Correct
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APD Final Exam Solved 100% Correct(?) Mental blocks that inhibit creative solutions? - ANSWER--Just know it's all of the
above
(Arrest, Search, & Seizure) California v. Greenwood - ANSWER--Garbage left out
outside the curtlage does not exhibit an expectation of privacy and may be searched
(Arrest, Search, & Seizure) Probable Cause - ANSWER--A reasonable ground for belief
in certain alleged facts
-"It's more likely than not"
(Arrest, Search, & Seizure) Protective Sweep Doctrine - ANSWER-The rule that when
police officers execute an arrest on or outside private premises, they may conduct an
examination of the entire premises, without warrant, for other persons whose presence
may pose a danger to their safety or to evidence capable of being removed or
destroyed.
(Arrest, Search, & Seizure) The concept of "Elephant in a Matchbox" refers to what? -
ANSWER--The elements of what you are "searching" for must match the places you are
searching
-Example: You won't find a person hiding in a kitchen drawer.
(Arrest, Search, & Seizure) What is a frisk? - ANSWER--A pat down of the outer
clothing of a person whom you have stopped (also can include bags and vehicles)
-To protect the safety of the officer.
-Not a fishing expedition.
-Permitted anytime an officer is in contact with another person and can articulate
reasons that he feared for his safety
-Whenever an officer has reasonable suspicion another has a weapon on or about his
person that can be used to cause injury or death.
(Arrest, Search, & Seizure) When executing a search warrant: If you find what you are
looking for, but continue to search and discover dope is the search good or bad? -
ANSWER--BAD!
(Arrest, Search, & Seizure) Where did we get the ability to Frisk from? - ANSWER--
*Terry v. Ohio* - based on reasonable suspicion
-Must articulate reasonable fear for safety for a frisk
(Arrest, Search, & Seizure) Why does the court let us do searches incidental to arrest? -
ANSWER--Safety before booking someone into a secure correctional facility;
-Evidentiary reasons, and
-They're Constitutional under the 4th Amendment
,(CCP) A "commitment" is - ANSWER--An order signed by the proper magistrate
directing a sheriff to receive and place in jail the person so committed. It will be
sufficient if it have the following requisites:
1. That it run in the name of "The State of Texas";
2. That it be addressed to the sheriff of the county to the jail of which the defendant is
committed;
3. That it state in plain language the offense for which the defendant is committed, and
give his name, if it be known, or if unknown, contain an accurate description of the
defendant;
4. That it state to what court and at what time the defendant is to be held to answer;
5. When the prisoner is sent out of the county where the prosecution arose, the warrant
of commitment shall state that there is no safe jail in the proper county; and
6. If bail has been granted, the amount of bail shall be stated in the warrant of
commitment.
(CCP) A "warrant of arrest" is: - ANSWER--A written order from a magistrate, directed
to a peace officer or some other person specially named, commanding him to *take the
body of the person* accused of an offense, to be *dealt with according to law.*
(CCP) Art. 12.01. Felony indictments may be presented within these limits, and not
afterward: *10 years* from the date of the commission of the offense: - ANSWER-• Theft
of any estate
• Theft by a public servant
• Forgery or using forged instruments
• Arson
• Trafficking of persons (if an adult)
• Compelling prostitution (if an adult)
• Sexual assault (adult)
• Agg Sexual Assault (adult)
(CCP) Art. 12.01. Felony indictments may be presented within these limits, and not
afterward: *3 years* from the date of the commission of the offense: - ANSWER--All
other felonies
(CCP) Art. 12.01. Felony indictments may be presented within these limits, and not
afterward: *5 years* from the date of the commission of the offense: - ANSWER-• theft
or robbery
• kidnapping or burglary
• injury to and elderly that is not punishable by F1
• abandoning a child
• insurance fraud
(CCP) Art. 12.01. Felony indictments may be presented within these limits, and not
afterward: *7 years* from the date of the commission of the offense: - ANSWER-•
misapplication of fiduciary property
• securing execution of document by deception
,• false statement
• money laundering
• credit card abuse
• fraudulent use of id
• medicaid fraud
• bigamy
(CCP) Art. 12.01. Felony indictments may be presented within these limits, and not
afterward: *No Limitation*: - ANSWER-• Murder, manslaughter, (agg.) sexual assault,
cont. sexual assault, indecency with a child, leaving the scene of an accident (is death),
and sexual assault (involves DNA or involves 5 or more victims)
(CCP) Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person,
may, without a warrant, arrest an offender when the offense is committed in his
presence or within his view, if the offense is one classed as
___________________________________.
(b) A peace officer may arrest an offender without a warrant for any offense committed
in __________________________. - ANSWER--A felony or as an offense against the
public peace.
-His presence or within his view.
(CCP) Art. 14.02. WITHIN VIEW OF MAGISTRATE. A peace officer may arrest, without
warrant, when a felony or breach of the peace has been committed in the presence or
within the view of a magistrate, and such magistrate: - ANSWER--Verbally orders the
arrest of the offender.
(CCP) Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting an individual who is
not a child, as defined by Section 51.02, Family Code, and who commits an offense
under Section 49.02, Penal Code, a peace officer may release the individual if: -
ANSWER-(1) the officer believes detention in a penal facility is unnecessary for the
protection of the individual or others; and
(2) the individual: is released to the care of an adult who agrees to assume
responsibility for the individual; or verbally consents to voluntary treatment for chemical
dependency in a program in a treatment facility licensed and approved by the Texas
Commission on Alcohol and Drug Abuse, and the program admits the individual for
treatment.
(CCP) Art. 14.05. RIGHTS OF OFFICER. In each case enumerated where arrests may
be lawfully made without warrant, the officer or person making the arrest is justified in
adopting all the measures which he might adopt in cases of arrest under warrant,
except that an officer making an arrest without a warrant may not enter a residence to
make the arrest unless: - ANSWER-(1) a person who resides in the residence consents
to the entry; or
(2) exigent circumstances require that the officer making the arrest enter the residence
without the consent of a resident or without a warrant.
, (CCP) Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION. (a)
A peace officer commissioned and authorized by another state to make arrests for
felonies who is in ________________ of a person for the purpose of arresting that
person for a ________ may continue the pursuit into this state and arrest the person. -
ANSWER--Fresh pursuit
-Felony
(CCP) Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) Except as
otherwise provided by this article, in each case enumerated in this Code, the person
making the arrest or the person having custody of the person arrested shall take the
person arrested or have him taken _______________________, but not later than
__________ after the person is arrested, before the magistrate who may have ordered
the arrest, before some magistrate of the county where the arrest was made without an
order, or, to provide more expeditiously to the person arrested the warnings described
by Article 15.17 of this Code, before a magistrate in any other county of this state. -
ANSWER--Without unnecessary delay
-48 hours
(CCP) Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. (a) A
magistrate may issue a warrant of arrest or a summons: - ANSWER-1. In any case in
which he is by law authorized to order verbally the arrest of an offender;
2. When any person shall make oath before the magistrate that another has committed
some offense against the laws of the State; and
3. In any case named in this Code where he is specially authorized to issue warrants of
arrest.
(CCP) Art. 15.05. REQUISITES OF COMPLAINT. The complaint shall be sufficient,
without regard to form, if it have these substantial requisites: - ANSWER-1. It must state
the name of the accused, if known, and if not known, must give some reasonably
definite description of him.
2. It must show that the accused has committed some offense against the laws of the
State, either directly or that the affiant has good reason to believe, and does believe,
that the accused has committed such offense.
3. It must state the time and place of the commission of the offense, as definitely as can
be done by the affiant.
4. It must be signed by the affiant by writing his name or affixing his mark.
(CCP) Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE. A warrant
of arrest, issued by any county or district clerk, or by any magistrate (*except mayors of
an incorporated city or town*), shall extend to: - ANSWER--Any part of the State; and
any peace officer to whom said warrant is directed, or into whose hands the same has
been transferred, shall be authorized to execute the same in any county in this State.
(CCP) Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE. When a warrant of
arrest is issued by any mayor of an incorporated city or town, it cannot be executed in
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