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Texas DPS CID Exam Study Set Questions
And Answers 100% Pass
No defendant can be convicted without? - answer✔Evidence
Officers two important roles concerning evidence? - answer✔Find evidence with or without a
warrant; helps the prosecutor get the evidence admitted at trial.
The main duty of persecutors is? - answer✔To make sure justice is done.
Brady VS Maryland - 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. - 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 - answer✔1) Supported by probable cause. 2) search made with warrant or
exception to warrant requirement.
Probable Cause - answer✔Enough facts to show evidence of a crime will be found
Exceptions to search warrant requirements. - 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 - answer✔Intrusion into an area covered by reasonable expectation of privacy.
Areas of reasonable expectation of privacy. - 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
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No expectation of privacy. - 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 - answer✔4th Amendment does not cover something when its in plain view
Plain Touch Doctrine - 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 - answer✔When a drug dog detects contraband in a public place it is not a search.
K9 Sniff - answer✔Sniff around exterior of car in a public place during a valid traffic stop = no
violation of 4th Amendment
Abandonment - 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 - answer✔Persons right to complain about an improper search at trail.
Warrant Contents - 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. - 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) - 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
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Court order for interception of wire or oral communications - 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 - 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 - 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 - 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 - 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 - answer✔Is the most important case on PC. Anonymous letter sent to police
about drug dealers.
Who Decides Whether Probable Cause Exists - answer✔1) the officer 2) the magistrate 3) the
trial judge 4) appellant judge
Anonymous Informer - 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.
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Burden of Proof on Probable Cause - 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 - answer✔Issuing Authority's review of probable cause must be based solely
on facts contained in the written application
Nexus - answer✔(a connection or link) officer must put enough facts in affidavit to show
evidence will be in place sought to be searched. This is called a "nexus" between the place and
the evidence. Example: You find drugs in car on routine traffic stop. You want search warrant
for suspects home. You have to connect illegal activity to the home in the affidavit to have PC to
search home. If you cant, no "nexus" between illegal items in car to house. Link between
evidence & place to search.
Search warrant allowed days to execute - answer✔w/in 5 days of issuance
DNA warrant allowed days to execute - answer✔DNA specimen is sought, in which case 17 days
are given
"Knock and Announce" Requirement - answer✔Before an officer goes inside a house to execute
a warrant, the officer must "knock & announce" his presence, to let any person inside house
know officers presence outside and intentions to enter on authority of the warrant. This rule
dates back to England in the 1600's. Used for officer safety.
Exceptions to "Knock and Announce" Requirement - answer✔Officers must have reasonable
suspicion that 1) poses a danger to officers, or 2) would affect the investigation of the crime
(suspect destroying evidence). Example: suspect known to have weapon inside with violent
tendencies & surveillance system outside.
Copies Of Warrant - answer✔Police should always make several copies of warrant & affidavit.
· First, the officer will need to leave a copy of search warrant & affidavit at place, after search.
· Second, the officer needs to retain a copy of each, in case prosecutor loses originals.
· Once officer makes return to magistrate, warrant & affidavit become public records.
Protective Sweeps - answer✔officer has legal authority to make protective sweep of an area if
officer has reason to believe someone could be hiding who could hurt the officer