Term
| 3 Types of Encounters between PO's and Citizens? |
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Definition
1.) Voluntary
2.) Temporary Detention
3.) Arrest |
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Term
| What kind of actions is a PO allowed during a Voluntary Encounter w/ Citizens? |
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Definition
1.) May approach a citizen to talk at a public location;
2.)Ask questions;
3.) Ask for Identification;
4.) Ask for cooperation;
5.) Request for consent to search |
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Term
| What kind of actions is a Citizen allowed during a Voluntary Encounter w/ a PO? |
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Definition
1.) Decline to answer any questions;
2.) Walk away; and
3.) Ignore the PO |
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Term
| PO cannot do what during a Voluntary Encounter w/ a Citizen? |
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Definition
1.) Do NOT command compliance;
2.) Coerce Citizen into cooperation; and
3.) Restrain the person |
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Term
| A person is considered ___________ when police use or demonstrate a level of authority that a "reasonable" person would not feel free to leave. |
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Definition
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Term
| A Consensual Encounter escalates and becomes a _______________ if a PO verbally or non-verbally conveys to the suspect that compliance is required. |
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Definition
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Term
| The ________ Amendment prohibits unreasonable searches and seizures. |
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Definition
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Term
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Definition
| a PO can search the individual for weapons where the officer has reason to believe the person is armed and dangerous. |
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Term
| A REASONABLE SUSPICION determination is made by... |
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Definition
| the totality of the circumstances of each case to see whethe the detaining officer had a particularized & objective basis for suspecting legal wrongdoing. |
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Term
Which of the following is not a level of Police-Citizen Contact?
a.) Consensual;
b.)Probable Cause;
c.) Detention;
d.) Arrest |
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Definition
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Term
There are four elements that have been used by the courts to determine whether an arrest has occurred. This element is only important when it is conveyed to the person seized. For example, you are under arrest, you are being detained, etc. Which of the following elements is being described?
a.) Authority;
b.) Intent;
c.) Actual Seizure; or
d.)Understanding of the Individual |
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Definition
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Term
A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. This is the definition for which of the following?
a.) Mere suspicion;
b.) Probable Cause;
c.) Reasonable Suspicion; or
d.) Arrest |
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Definition
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Term
The words "confined", "imprisoned", "in custody", "confinement", "imprisonment", refer not only to the actual, corporal and forcible detention, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercise a control over the person of another, and detains him within certain limits. According to CCP 11.21, this defines which of following?
a.) Arrest;
b.) Detention;
c.) Constructive Custody; or
d.) Seizure |
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Definition
| (c.) Constructive Custody |
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Term
| CCP Art. 11.21. Constructive Custody |
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Definition
| Any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits. |
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Term
| CCP Art. 11.22. Restraint |
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Definition
| The kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right. |
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Term
There are 4 elements that have been used by the courts to determine whether an arrest has occurred. Which of the following is NOT one of those elements?
a.) Intent;
b.) Actual Seizure;
c.) Understanding of the individual being seized;
d.) Probable Cause; or
e.) Authority. |
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Definition
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Term
Should the initial consensual encounter with a person lead to an arrest or seizure of contraband, what must you be able to do to est. the reasonable suspicion and probable cause to support the detention, arrest or search?
a.) demonstrate the manner in which probable cause was est.;
b.)document sufficient facts and circumstances in a report;
c.) explain the facts and circumstances to the court;
d.) prepare an entry into the Captain's Journal |
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Definition
| (b.) document sufficient facts and circumstances in a report. |
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Term
Probable Cause may be est. simply by showing that the PO who made the arrest or search subjectively believed he had grounds for his action. This statement is:
a.) True; or
b.) False |
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Definition
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Term
What can a PO do with MERE SUSPICION?
a.) Conduct a computer check of the license plate of a vehicle;
b.) Conduct an investigation to determine what, if anything is occurring;
c.) Approach a person and ask questions; or
d.) All the above |
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Definition
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Term
What you see, hear or smell that indicates there may be criminal activity are examples of what?
a.) Suspicion;
b.) Seizure;
c.) Detention; or
d.) Reasonable Doubt |
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Definition
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Term
What Amendment to the U.S. Constitution forms the basis for probable cause?
a.) 1st;
b.) 2nd;
c.) 3rd; or
d.) 4th |
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Definition
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Term
The police may, without a warrant or probable cause, briefly detain an individual for investigatory purposes if based on specific and articulated facts, the PO had reasonable suspicion that criminal activity was afoot. The actions by the PO would occur during what type of interaction between the police and the public?
a.) Detention;
b.) Arrest;
c.) Consensual;
d.) Seizure |
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Definition
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Term
| Chapter 14 of the CCP is about what topic? |
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Definition
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Term
| Chapter 15 of the CCP is about what topic? |
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Definition
| Arrest UNDER (or WITH) a Warrant |
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Term
Which of the following rulings by the TX Court of Criminal Appeals clarified the section of CCP 14.03, "Persons in suspicious places?"
a.) Terry vs Ohio;
b.) Dyar vs. State;
c.) Brown vs. State; or
d.) Abbott vs. Costello. |
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Definition
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Term
When a Magistrate observes a felony or breach of the peace occur within his presence or view, what action can he take?
a.) Issue a public apology;
b.) Verbally order a peace officer to arrest the offender;
c.) Establish bond in this case; or
d.) Conduct an evidentiary hearing. |
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Definition
| (b.) verbally order a PO to arrest the offender. |
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Term
The act or fact of holding a person in custody, confinement, or compulsory delay defines which of the following?
a.) Detention;
b.) Restraint;
c.) Confinement; or
d.) Seizure |
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Definition
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Term
| What is Black's Law Dictionary definition of Probable Cause? |
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Definition
| A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. |
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Term
| What are other definitions of Probable Cause? |
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Definition
"The belief of a reasonable and prudent man that a crime has been or is being committed."
"The facts must be such as would warrant a belief by a reasonable and prudent man."
"A reasonable belief that a person has committed a crime." |
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Term
| Probable Cause is necessary to..... |
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Definition
| effect an arrest, conduct a search of a person, place or thing, and to seize contraband and other evidence of a crime. |
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Term
| The court must be convinced that based upon what you saw, heard or smelt was sufficient enough proof that a crime... |
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Definition
| was being committed, was going to be committed, or had been committed. |
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Term
| Police may, without a warrant or probable cause... |
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Definition
| "briefly detain an indiv. for investigatory purposes if, based on specific and articulable facts, the officer has a reasonable suspicion that criminal activity may be afoot." |
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