Texas DPS CID Exam Study Set with all Correct & 100%
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No defendant can be convicted without? ✔Correct Answer-Evidence
Officers two important roles concerning evidence? ✔Correct Answer-Find evidence with or
without a warrant; helps the prosecutor get the evidence admitted at trial.
The main duty of persecutors is? ✔Correct Answer-To make sure justice is done.
Brady VS Maryland ✔Correct Answer-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. ✔Correct Answer-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 ✔Correct Answer-1) Supported by probable cause. 2) search made with
warrant or exception to warrant requirement.
Probable Cause ✔Correct Answer-Enough facts to show evidence of a crime will be found
Exceptions to search warrant requirements. ✔Correct Answer-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 ✔Correct Answer-Intrusion into an area covered by reasonable expectation of
privacy.
Areas of reasonable expectation of privacy. ✔Correct Answer-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. ✔Correct Answer-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 ✔Correct Answer-4th Amendment does not cover something when its in
plain view
Plain Touch Doctrine ✔Correct Answer-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 ✔Correct Answer-When a drug dog detects contraband in a public place it is not
a search.
K9 Sniff ✔Correct Answer-Sniff around exterior of car in a public place during a valid traffic
stop = no violation of 4th Amendment
Abandonment ✔Correct Answer-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 ✔Correct Answer-Persons right to complain about an improper search at trail.
Warrant Contents ✔Correct Answer-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. ✔Correct Answer-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) ✔Correct
Answer-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 ✔Correct Answer-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 ✔Correct Answer-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 chemical precursor, other CS properties, including paraphernalia; 8)
possession of property prohibited by law; 9) implement or instrument used in commission of
crime; 10) property or items, except personal writings of accused, constituting evidence of a
crime or evidence tending to show a particular person committed crime; 11) a person; 12)
contraband subject to forfeiture under CH.59 CCP.
Evidentiary Search Warrants ✔Correct Answer-Example: Officer knows murder was
committed & victim beaten w/ bat or stick. Officer wants to get search warrant for suspect
home to look for evidence, such as bloody clothes or victims property. Possession of bloody
clothes, sticks, or bats is not illegal, but would help to show suspect committed crime. The
officer would need to get evidentiary search warrant.
Special Probable Cause Requirements for Evidentiary Search Warrant ✔Correct Answer-1)
specific offense has been committed, 2) evidence wanted is of the crime, or evidence showing
person committed the crime, 3) evidence wanted is located where wanting to search.
Arrest Warrant Validity ✔Correct Answer-An arrest warrant is valid anywhere in Texas, this is
not true for a search warrant. The magistrate signing the search warrant must have geographic
authority over area to be searched.
Gates v. Illinois ✔Correct Answer-Is the most important case on PC. Anonymous letter sent to
police about drug dealers.
Who Decides Whether Probable Cause Exists ✔Correct Answer-1) the officer 2) the
magistrate 3) the trial judge 4) appellant judge
Anonymous Informer ✔Correct Answer-Most courts have held that generally, info given by
anonymous informer will never, standing alone, be sufficient to establish PC. If officer wants to
use info from unidentified source, officer may establish credibility by corroborating some of the
info given. (Example: call in of red car in mall parking lot selling drugs, officer does surveillance
& confirms.) Officer corroborated.
Burden of Proof on Probable Cause ✔Correct Answer-Although PC is sometimes hard to
provide, an officer can be sure of one thing: PC is not proof beyond a reasonable doubt, not
even a preponderance of evidence is needed. PC only requires a "fair probability" of what the
officer wants will be located where the officer wants to search, or for an arrest warrant that the
person committed the crime. Proof beyond a reasonable doubt is not required. This means less
than a 50/50 probability is required.
Four Corners Rule ✔Correct Answer-Issuing Authority's review of probable cause must be
based solely on facts contained in the written application
Verified Answers |Actual Complete Exam |Already
Graded A+
No defendant can be convicted without? ✔Correct Answer-Evidence
Officers two important roles concerning evidence? ✔Correct Answer-Find evidence with or
without a warrant; helps the prosecutor get the evidence admitted at trial.
The main duty of persecutors is? ✔Correct Answer-To make sure justice is done.
Brady VS Maryland ✔Correct Answer-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. ✔Correct Answer-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 ✔Correct Answer-1) Supported by probable cause. 2) search made with
warrant or exception to warrant requirement.
Probable Cause ✔Correct Answer-Enough facts to show evidence of a crime will be found
Exceptions to search warrant requirements. ✔Correct Answer-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 ✔Correct Answer-Intrusion into an area covered by reasonable expectation of
privacy.
Areas of reasonable expectation of privacy. ✔Correct Answer-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. ✔Correct Answer-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 ✔Correct Answer-4th Amendment does not cover something when its in
plain view
Plain Touch Doctrine ✔Correct Answer-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 ✔Correct Answer-When a drug dog detects contraband in a public place it is not
a search.
K9 Sniff ✔Correct Answer-Sniff around exterior of car in a public place during a valid traffic
stop = no violation of 4th Amendment
Abandonment ✔Correct Answer-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 ✔Correct Answer-Persons right to complain about an improper search at trail.
Warrant Contents ✔Correct Answer-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. ✔Correct Answer-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) ✔Correct
Answer-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 ✔Correct Answer-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 ✔Correct Answer-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 chemical precursor, other CS properties, including paraphernalia; 8)
possession of property prohibited by law; 9) implement or instrument used in commission of
crime; 10) property or items, except personal writings of accused, constituting evidence of a
crime or evidence tending to show a particular person committed crime; 11) a person; 12)
contraband subject to forfeiture under CH.59 CCP.
Evidentiary Search Warrants ✔Correct Answer-Example: Officer knows murder was
committed & victim beaten w/ bat or stick. Officer wants to get search warrant for suspect
home to look for evidence, such as bloody clothes or victims property. Possession of bloody
clothes, sticks, or bats is not illegal, but would help to show suspect committed crime. The
officer would need to get evidentiary search warrant.
Special Probable Cause Requirements for Evidentiary Search Warrant ✔Correct Answer-1)
specific offense has been committed, 2) evidence wanted is of the crime, or evidence showing
person committed the crime, 3) evidence wanted is located where wanting to search.
Arrest Warrant Validity ✔Correct Answer-An arrest warrant is valid anywhere in Texas, this is
not true for a search warrant. The magistrate signing the search warrant must have geographic
authority over area to be searched.
Gates v. Illinois ✔Correct Answer-Is the most important case on PC. Anonymous letter sent to
police about drug dealers.
Who Decides Whether Probable Cause Exists ✔Correct Answer-1) the officer 2) the
magistrate 3) the trial judge 4) appellant judge
Anonymous Informer ✔Correct Answer-Most courts have held that generally, info given by
anonymous informer will never, standing alone, be sufficient to establish PC. If officer wants to
use info from unidentified source, officer may establish credibility by corroborating some of the
info given. (Example: call in of red car in mall parking lot selling drugs, officer does surveillance
& confirms.) Officer corroborated.
Burden of Proof on Probable Cause ✔Correct Answer-Although PC is sometimes hard to
provide, an officer can be sure of one thing: PC is not proof beyond a reasonable doubt, not
even a preponderance of evidence is needed. PC only requires a "fair probability" of what the
officer wants will be located where the officer wants to search, or for an arrest warrant that the
person committed the crime. Proof beyond a reasonable doubt is not required. This means less
than a 50/50 probability is required.
Four Corners Rule ✔Correct Answer-Issuing Authority's review of probable cause must be
based solely on facts contained in the written application
