TEXAS CRIMINAL PROCEDURE – BAR
EXAM 2025
May a police officer arrest a defendant in Fort Bend County on the basis of an arrest warrant that was
issued in Harris County? - ✅✅✅CORRECT -Yes. Arrest warrants issued in Texas are valid throughout
every part of Texas and can be executed by any Texas peace officer.
What is a complaint? - ✅✅✅CORRECT -A complaint for arrest purposes consists of an affidavit
containing facts that establish probable cause as a basis for the issuance of an arrest warrant.
What are the three requirements for an arrest warrant? - ✅✅✅CORRECT -An arrest warrant must
contain:
1. the name of the person whose arrest is ordered
2. the offense the person is accused of committing
3. the signature of a magistrate
Is a police officer required by law to obtain one warrant authorizing the search of a defendant's house
and a separate warrant authorizing the arrest of the defendant? - ✅✅✅CORRECT -No. If the facts
presented to the magistrate for a search warrant also establish the existence of probable cause to arrest
defendant, the search warrant may, in addition, order the arrest of the defendant.
Does a police officer have authority to break down a defendant's door in order to enter the defendant's
apartment? - ✅✅✅CORRECT -an officer executing an arrest warrant may break down a door to a
house, apartment or building to make an arrest if, after giving notice of his authority and purpose, he is
refused admittance
D was arrested following the execution of a search war. at his business. A search of a safe in the business
revealed what appeared to be illegal controlled substances, $95,000 in cash, and a switchblade knife. all
of those items were seized and D has been charged with possession with intent to deliver Meth in an
amount between 4-200 grams and possession of a prohibited weapon. As you prepare your case for trial,
you review the affidavit for the search warrant. What three facts MUST the affidavit set forth to establish
probable cause? - ✅✅✅CORRECT -To establish probable cause for the issuance of a search warrant,
the affidavit should contain facts that show:
, 1. that a specific offense has been committed
2. that the specifically described property or items that are to be searched for constitute evidence of
that offense
3. that the property to be searched is located at a particularly described place
What motion should you file to contest the validity of the search if you conclude that a search warrant
was defective?
what must the motion allege and what remedy should you seek? - ✅✅✅CORRECT -File a motion to
suppress seeking to exclude the fruits of the search. It should allege that the affidavit's contents are
insufficient under TCCP
Someone broke into Aaron's home in Houston, and stole his TV. Aaron reported the crime to detective
Don with HPD. Based on his investigation Don had probable cause to believe that Ike had committed the
crime. Detective Don hastily obtained a warrant authorizing the search of Ike;s apartment and the arrest
of Ike. When Don went to Ike's apartment, knocked on the front door and announced that he had a
warrant to search and for the arrest of Ike, Ike yelled "Go away" Detective Don broke down the door,
arrested Ike, and found Aarons tv in the apartment.
Ike was charged with felony of burglary and the court has appointed you to represent him. Ike swears it
was his roommate George. Ike also tells you George has a prior felony conviction of burglary which he is
presently on probation for.
Was detective don required by law to obtain one warrant authorizing the search for Ike's apartment and
a separate warrant authorizing t - ✅✅✅CORRECT -No. Detective Don did not need to obtain two
different warrants. He could obtain a combination search and arrest warrant.
Did detective Don have the authority to break down Ike's door in order to enter the apartment? -
✅✅✅CORRECT -Yes. "Knock and announce" rules are constitutional. Detective Don had already
given Ike notice, and Ike had refused entry. Under these circumstances, Don was justified in breaking
down the door to execute the arrest and search warrant.
What four things must a search warrant contain? - ✅✅✅CORRECT -A search warrant must contain:
1. a specification of the person, place, or thing to be searched
2. a specification of the items to be searched for and seized
3. signature of the issuing magistrate
4. the date and hour it was issued
EXAM 2025
May a police officer arrest a defendant in Fort Bend County on the basis of an arrest warrant that was
issued in Harris County? - ✅✅✅CORRECT -Yes. Arrest warrants issued in Texas are valid throughout
every part of Texas and can be executed by any Texas peace officer.
What is a complaint? - ✅✅✅CORRECT -A complaint for arrest purposes consists of an affidavit
containing facts that establish probable cause as a basis for the issuance of an arrest warrant.
What are the three requirements for an arrest warrant? - ✅✅✅CORRECT -An arrest warrant must
contain:
1. the name of the person whose arrest is ordered
2. the offense the person is accused of committing
3. the signature of a magistrate
Is a police officer required by law to obtain one warrant authorizing the search of a defendant's house
and a separate warrant authorizing the arrest of the defendant? - ✅✅✅CORRECT -No. If the facts
presented to the magistrate for a search warrant also establish the existence of probable cause to arrest
defendant, the search warrant may, in addition, order the arrest of the defendant.
Does a police officer have authority to break down a defendant's door in order to enter the defendant's
apartment? - ✅✅✅CORRECT -an officer executing an arrest warrant may break down a door to a
house, apartment or building to make an arrest if, after giving notice of his authority and purpose, he is
refused admittance
D was arrested following the execution of a search war. at his business. A search of a safe in the business
revealed what appeared to be illegal controlled substances, $95,000 in cash, and a switchblade knife. all
of those items were seized and D has been charged with possession with intent to deliver Meth in an
amount between 4-200 grams and possession of a prohibited weapon. As you prepare your case for trial,
you review the affidavit for the search warrant. What three facts MUST the affidavit set forth to establish
probable cause? - ✅✅✅CORRECT -To establish probable cause for the issuance of a search warrant,
the affidavit should contain facts that show:
, 1. that a specific offense has been committed
2. that the specifically described property or items that are to be searched for constitute evidence of
that offense
3. that the property to be searched is located at a particularly described place
What motion should you file to contest the validity of the search if you conclude that a search warrant
was defective?
what must the motion allege and what remedy should you seek? - ✅✅✅CORRECT -File a motion to
suppress seeking to exclude the fruits of the search. It should allege that the affidavit's contents are
insufficient under TCCP
Someone broke into Aaron's home in Houston, and stole his TV. Aaron reported the crime to detective
Don with HPD. Based on his investigation Don had probable cause to believe that Ike had committed the
crime. Detective Don hastily obtained a warrant authorizing the search of Ike;s apartment and the arrest
of Ike. When Don went to Ike's apartment, knocked on the front door and announced that he had a
warrant to search and for the arrest of Ike, Ike yelled "Go away" Detective Don broke down the door,
arrested Ike, and found Aarons tv in the apartment.
Ike was charged with felony of burglary and the court has appointed you to represent him. Ike swears it
was his roommate George. Ike also tells you George has a prior felony conviction of burglary which he is
presently on probation for.
Was detective don required by law to obtain one warrant authorizing the search for Ike's apartment and
a separate warrant authorizing t - ✅✅✅CORRECT -No. Detective Don did not need to obtain two
different warrants. He could obtain a combination search and arrest warrant.
Did detective Don have the authority to break down Ike's door in order to enter the apartment? -
✅✅✅CORRECT -Yes. "Knock and announce" rules are constitutional. Detective Don had already
given Ike notice, and Ike had refused entry. Under these circumstances, Don was justified in breaking
down the door to execute the arrest and search warrant.
What four things must a search warrant contain? - ✅✅✅CORRECT -A search warrant must contain:
1. a specification of the person, place, or thing to be searched
2. a specification of the items to be searched for and seized
3. signature of the issuing magistrate
4. the date and hour it was issued
