PROVIDING DETAILED ANSWER KEY
◉Standby Assistance; Liability. Answer: (a) In the discretion of a
peace officer, the officer may stay with a victim of family violence to
protect the victim and allow the victim to take the personal property
of the victim or of a child in the care of the victim to a place of safety
in an orderly manner.
(b) A peace officer who provides assistance under Subsection (a) of
this article is not:
(1) civilly liable for an act or omission of the officer that arises in
connection with providing the assistance or determining whether to
provide the assistance; or
(2) civilly or criminally liable for the wrongful appropriation of any
personal property by the victim.
◉Peace officers to prevent injury. Answer: Whenever, in the
presence of a peace officer, or within his view, one person is about to
commit an offense against a person or property of another, including
the person or property of his spouse, or injure himself, it is the duty
to prevent it, and, for the purpose of the peace officer may summon
any number of citizens in his county to his aid
,◉Hearsay Statement of Child Victim. Answer: A statement made by a
child victim describing an offense committed against them may be
admissible in court even though it is technically hearsay, if it meets
certain conditions
◉Terry vs. Ohio (1968). Answer: Allowed the police to stop and
search a suspect if he has reasonable suspicion that the person has
committed a crime. 4th amendment
◉Miranda vs. Arizona. Answer: The accused must be notified of
their rights before being questioned by the police involves 5th
amendment
◉Investigative Stop. Answer: if the officer has reasonable suspicion
that the person stopped was committing, is committing, or is about
to commit a law violation.
◉Consensual Encounters. Answer: Peace officers are free to
approach and ask questions of persons so long as officers recognize
that those persons can refuse to identify themselves, refuse to
cooperate, refuse to answer questions, and simply walk away.
◉Probable cause. Answer: reasonable belief, based on facts, that a
crime occurred or evidence exists, sufficient for an arrest or search.
,◉Reddick vs ny. Answer: • In People v. Reddick (2018), the Appellate
Division, Second Department (New York) affirmed the conviction for
assault and criminal possession of a weapon and rejected a claim
that excluding certain family members from the courtroom violated
the defendant's right to a public trial.
◉Payton vs. New York (1980). Answer: Absent exigent
circumstances, a peace officer may not make a warrantless entry
into a suspect's home to make a routine felony arrest.
◉CCP 14.06 Must Take Offender Before Magistrate. Answer: "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 without unnecessary delay, but not later than 48 hours
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."
◉means property of any nature, including real, persona, tangible or
intangible that is used in the commission of any first or second
degree felony under the penal code that is used in the commission
of. Answer: • Trafficking of Persons
• Continuous Sexual Abuse
• Indecency with a Child
, • Sexual Assault
• Aggravated Sexual Assault
• Prostitution
• Solicitation of Prostitution
• Compelling Prostitution
• Sexual Performance by a Child
◉Statutory defenses. Answer: 1. Innocent Owner Defense
Spousal Defense
. Non-Party and Unauthorized Use Defense
Innocent owner - had no knowledge or reasonable cause to know
property was involved in crime.
• Spousal defense - spouse couldn't prevent the act due to family
violence.
• Unauthorized use/Non-party use - property was stolen or used
without consent.
◉No spousal defense. Answer: Except in cases when because of
family violence the spouse was unable to prevent the criminal act.
◉"Security freeze" means. Answer: A notice placed on a consumer
file that prohibits a consumer reporting agency from releasing a
consumer report relating to the extension of credit involving that
consumer file without the express authorization of the consumer.