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7. Arrest - Search - Seizure 24 hrs.

. Unit Goal: 7.1. Understand the legal authorities as they pertain to the role of the peace officer and the rights of citizens regarding arrest.7.1.1. Identify the conditions for arrest. 7.1.2. Explain the circumstances for warrantless arrests.7.1.3. Explain procedures for obtaining a warrant of arrest. 7.1.4. Identify the process for arresting with a warrant.7.1.5. Identify suspicious circumstances.7.1.6. Apply probable cause and related elements.7.1.7. Identify lawful actio9460

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7. Arrest - Search - Seizure 24 hrs.

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    1. 7. Arrest - Search - Seizure (24 hrs.) TCLEOSE LEARNING OBJECTIVES 08/03/04

    3. Unit Goal: 7.1. The student will understand the legal authorities as they pertain to the role of the peace officer and the rights of citizens regarding arrest.

    4. Instructor may want to read and discuss Heitman v. State, 815 S.W. 2d 681, 682 (Tex. Crim. App. 1991) as a prelude to the Arrest - Search - Seizure Section.

    5. 7.1.1 The student will be able to identify the conditions for arrest.

    6. When a person is arrested CCP 15.22

    7. Intent

    8. Authority

    9. Seize and detain

    10. Understanding of the individual being arrested

    11. Constructive Custody CCP 11.21

    12. Understanding on behalf of the individual being arrested that he is arrested without any physical control being demonstrated by the officer. The individual submits.

    13. Restraint CCP 11.22

    14. Definitions - Custody PC 38.01 (1)(A)(B)

    15. In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly informed that he

    16. has the right to remain silent, and that anything he says will be used against him in court;

    17. he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.

    18. Miranda v. Arizona 384 US 436 (1966)

    19. Duties of arresting officer and magistrate CCP 15.17

    20. Instructor may include "How to use a law library."

    21. "How to Brief" cases and sample brief.

    22. U.S. v. Mendenhall, 446 U.S. 544 at 554-555 (1980).

    23. Florida v. Royer, 460 U.S. 491 (1983).

    24. 7.1.2. The student will be able to explain the circumstances for warrant less arrests.

    25. Warrantless arrests:

    26. Offense Within View CCP 14.01(a)

    27. CCP 14.01(b)

    28. Within View of a Magistrate CCP 14.02

    29. Authority of a Peace Officer CCP 14.03

    30. When Felony has been Committed CCP 14.031

    31. CCP 14.04

    32. Rights of Officer - CCP 14.05

    33. Arrest by Peace Officer from other jurisdiction - CCP 14.051

    34. Must take offender before magistrate - CCP 14.06

    35. Preventing the Consequences of Theft CCP 18.16

    36. CPRC 124.001

    37. Uniform Criminal Extradition Act CCP 51.13, Sec. 14

    38. Diplomatic Immunity 22 USC 254 Diplomatic Relations Act

    39. Mandatory Arrest Authority CCP 14.03(b)

    40. Privilege of Legislators - CCP 1.21

    41. Mandatory Arrest Authority - CCP 14.03(b)

    42. Violation of a Protective Order - PC 25.07(e)

    43. Uniform Act to Secure Attendance of Witnesses from Outside the State - CCP 24.28

    44. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings - CCP 24.29(9)

    45. 7.1.3. Explain procedures for obtaining a warrant of arrest.

    46. Procedures for obtaining a warrant of arrest:

    47. Warrant of Arrest CCP 15.01

    48. Requisites of Warrants CCP 15.02

    49. Magistrate May Issue Warrant or Summons CCP 15.03

    50. Complaint CCP 15.04

    51. Requisites of Complaint CCP 15.05

    52. Warrant extended to every part of State CCP 15.06

    53. Warrants Issued by Other Magistrates CCP 15.07

    54. 7.1.4 Identify the process for arresting with a warrant.

    55. Arresting with a warrant:

    56. How A Warrant is Executed CCP 15.16

    57. Duties of Arresting Officer and Magistrate CCP 15.17

    58. Arrest for Out-of-County Offense CCP 15.18

    59. Notice of Arrest CCP 15.19

    60. When a Person is Arrested - CCP 15.22

    61. Time of Arrest CCP 15.23

    62. What Force May be Used CCP 15.24

    63. Authority to Arrest Must Be Made Known CCP 15.26

    64. Capias CCP 23.01

    65. Bench Warrant CCP 24.13

    66. 7.1.5 Identify suspicious circumstances.

    67. Definitions:

    68. Black's Law Dictionary: "the act of imagining--or of doubt--the apprehension of something without proof, or on slight evidence."

    69. Authority of Peace Officers CCP 14.03(a)(1)

    70. Warrant of arrest CCP 15.01

    71. Requisites of warrant CCP 15.02

    72. Magistrate may issue warrant or summons CCP 15.03

    73. Complaint CCP 15.04

    74. Requisites of complaint CCP 15.05

    75. Warrant extends to every part of the state CCP 15.06

    76. Warrant issued by other magistrate CCP 15.07

    77. How warrant is executed CCP 15.16

    78. Duties of arresting officer and magistrate CCP 15.17

    79. Arrest for out-of county offense CCP 15.18

    80. Notice of arrest CCP 15.19

    81. When a person is arrested CCP 15.22

    82. Time of Arrest CCP 15.23

    83. What force may be used CCP 15.24

    84. May break door CCP 15.25

    85. Authority to arrest must be made known CCP 15.26

    86. Examples of suspicion:

    87. What you see, hear or smell that indicates there may be criminal activity.

    88. Application of suspicion:

    89. What can a peace officer do with mere suspicion?

    90. An investigation may be conducted to determine what, if anything is occurring.

    91. Persons may be approached and questions asked, but they:

    92. May not be required to identify themselves

    93. May refuse to answer any questions

    94. May not be detained.

    95. Should the approach culminate in an arrest or seizure of contraband, you must be able to articulate (document) your initial suspicions to justify the initial contact made or action taken.

    96. 7.1.6 Apply probable cause and related elements.

    97. Black's Law Dictionary: "an apparent state of facts found to exist upon reasonable inquiry, (that is, such inquiry as the given case renders convenient and proper) which would induce a reasonably intelligent and prudent man to believe, in a criminal case, that the accused person had committed the crime charged."

    98. Elements which can be used to establish Probable Cause:

    99. High crime rate area

    100. Time of day or night

    101. Location

    102. Furtive Act

    103. Abnormal demeanor

    104. Officer's own knowledge of facts and circumstances--should articulate the facts surrounding establishing

    105. probable cause.

    106. Recognition through senses

    107. Smell

    108. Sight

    109. Hearing

    110. Touch

    111. Possession of, or close proximity to:

    112. Tools of crime

    113. Fruits of a crime

    114. Contraband

    115. Officer's past experience and training: dress, clothing or physical condition of suspect.

    116. Conflicting stories about activities by two or more suspects in company with each other

    117. Information provided by an informant engaged in criminal activity.

    118. Application of Probable Cause:

    119. Arrest for that offense which the probable cause leads you to believe is occurring, is about to occur, or has occurred.

    120. Aguilar v. Texas, 378 U.S. 108 (1964)

    121. Illinois v. Gates, 462 U.S. 213 (1983)

    122. 7.1.7 The student will be able to identify lawful action to be taken for temporary detention.

    123. Definitions:

    124. Black's Law Dictionary: "Temporary"" defined as, "that which is to last for a limited time only, as distinguished from that which is indefinite, in its duration."

    125. Black's Law Dictionary: "Detention: defined as, "the act of keeping back or withholding, by design, a person."

    126. Consolidating these definitions, we may say: "Holding a person for a limited time, but who, as yet, is not

    127. answerable to a criminal offense."

    128. Elements required for temporary detention:

    129. Reasonable suspicion by a peace officer that some activity out of the ordinary is or has taken place.

    130. Some indication to connect the person, to be detained, with the suspicious activity.

    131. Some indication the suspicious activity is related to a specific offense.

    132. An officer may be conducting an interview to determine what, if anything is occurring.

    133. You can interview; no statutory warning required.

    134. You can frisk --if the situation calls for it. If there is reasonable fear that the suspect may be in

    135. possession of a weapon.

    136. Brown v. Texas, 443 U.S. 47 (1979)

    137. A person cannot be required to identify himself, even when stop is lawful. You may orally command the person to remain for a reasonable length of time that can be satisfactorily accounted for, while actively involved in the investigation at hand. You may take the person with you to check out a possible crime scene.

    138. Adams v. Williams, 407 U.S. 143 at 145-46 (1972)

    139. Failure to Identify PC 38.02

    140. Authority for lawful temporary detention.

    141. Baity v. State, 455 SW2d 305.

    142. Armstrong v. State, 550 SW 3d 25.

    143. 7.1.8 The student will be able to identify circumstances when frisking is permitted.

    144. Definition

    145. A "pat down" of the outer clothing of a person whom you have stopped:

    146. To protect the safety of the officer

    147. Not a fishing expedition.

    148. Permitted anytime an officer is in contact with another person and can articulate reasons that he feared for

    149. his safety; whenever an officer has reason to believe another has a weapon on or about his person that can

    150. be used to cause injury or death.

    151. Terry v. Ohio, 392 U.S. 1(1968)

    152. 7.1.9 The student will be able to distinguish who and what may be frisked and what may be seized during the frisk.

    153. Persons

    154. Pat down entire body

    155. Vehicles

    156. Area under immediate control

    157. Seizure

    158. Illegal weapons, file appropriate charges.

    159. Only force necessary may be used to frisk

    160. 7.1.10 The student will be able to identify the categories of evidence for which a search may be conducted.

    161. Black's Law Dictionary Definition:

    162. "An examination of a man's house or other building or premises, or of his person, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which he was charged. A prying into hidden places for that which is concealed and it is not a search to observe that which is open to view."

    163. Fruits of the crime

    164. Tools of a crime

    165. Contraband CCP 59.01-59.03

    166. Mere evidence

    167. Katz v. U.S., 389 U.S., 347 (1967)

    168. 7.1.11 The student will be able to identify circumstances which justify a lawful search.

    169. Search Warrant

    170. Incidental to Lawful arrest

    171. Arrest must be lawful

    172. Search area within immediate control

    173. Contemporaneous with arrest

    174. Other exceptions to the search requirement are listed in Section 6 - Code of Criminal Procedure

    175. Chimel v. California, 395 U.S. 752 (1969

    176. 7.1.12 The student will be able to explain the legal authority of a search warrant.

    177. Define CCP 18.01(a)

    178. Grounds for Issuance CCP 18.02

    179. Franks v. Delaware, 438 U.S. 154 (1978).

    180. May Order Arrest CCP 18.03

    181. Contents of Warrant CCP 18.04

    182. Execution of Warrants CCP 18.06 thru 18.11

    183. Seized Property and Person

    184. Subject to Court Order CCP 47.01

    185. How Return Made CCP 18.10

    186. 7.1.13 The student will be able to Identify who and what may be searched and discuss the consent to search.

    187. Persons

    188. Vehicles Carroll v. U.S., U.S. 132 (1925)

    189. Places

    190. Open Fields

    191. Begin where the curtilage ends.

    192. Curtilage is generally considered to be that area of open space surrounding a dwelling which is so

    193. immediately adjacent to the dwelling that it is considered part of the house.)

    194. Voluntary Consent

    195. Note: see local D.A./County Attorney regarding consent to search form.

    196. U.S. v. Robinson, 414 U.S. 218 (1973).

    197. U.S. v. Edwards, 415 U.S. 800 (1974).

    198. Michigan v. Long U463, U.S. 1032 (1983)

    199. Chimel v. California, 395 U.S. 752 (1969)

    200. California v. Acedvedo, no.89-1690 (1991).

    201. Payton v. New York, 100 S.ct. 1371 (1980)

    202. Lippert v. Texas, 664 S.W.2d 712 (1984).

    203. U.S. v. Matlock, 415 U.S. 164 (1974).

    204. Bumper v. N. Carolina, 391 U.S. 543 (1968).

    205. Abandoned Property Exigent/Emergency Circumstances when there is not enough time to obtain a warrant and the officer must establish probable cause.

    206. Plain view

    207. Search vs. Inventory Define inventory: Black's Law Dictionary - A detailed list of articles of property: a list or schedule of property, containing a designation or description of each specific article.

    208. California v. Greenwood, 486 U.S. 35 (1988)

    209. Warden v. Hayden, 387 U.S. 294 (1967).

    210. Texas v. Brown, 443 U.S. 47 (1979).

    211. 7.1.14 The student will be able to Indicate how the exclusionary rule applies.

    212. Fruit of the Poisonous Tree The poisonous tree doctrine is the notion that evidence obtained after illegal government action will be excluded from evidence.

    213. This pertains not only to physical or tangible materials generally subject to the Exclusionary Rule, but also intangibles such as subsequent confessions, admissions, identifications, and testimony obtained as a result of the initial unlawful activity.

    214. Wong Sun v. United States, 371 U. S. 471 (1963)

    215. (Holtz & Spencer, Texas Contemporary Criminal Procedure).

    216. Evidence not to be used. Exceptions to the Exclusionary Rule CCP 38.23 [Mapp v. Ohio, 367 U.S. 643(1961)]

    217. United States v. Leon 468 U.S. 897 (1984)

    218. Massachusetts v. Sheppard 468 U. S. 981 (1984)

    219. Illinois v. Krull 480 U.S. 340 (1987)

    220. Howard v. State 617 S.W.2d (1979).

    221. (Holtz & Spencer, Texas Contemporary Criminal Procedure).

    222. "Self-confidence is the first requisite to great undertakings." - Samuel Johnson

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