Texas DPS CID Exam 2025

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 Nexus - Correct 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 - Correct answer-w/in 5 days of issuance DNA warrant allowed days to execute - Correct answer-DNA specimen is sought, in which case 17 days are given "Knock and Announce" Requirement - Correct 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 - Correct 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 - Correct 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 - Correct 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 Places considered being w/in curtilage - Correct answer-carport, chicken coop, doghouse, patio, & vehicles Plain View doctrine - Correct answer-An exception to warrant requirement & allows officer to take what he sees in plain view or open view if he legally sees the evidence. Must follow these three rules: 1) must have right to be where evidence is found, 2) discovery must have been inadvertent or unintentional, and 3) must be obvious right away that evidence observed is of a crime or criminal activity. · If officer is in a public place & walks by a car and observes marihuana in the floorboard, then officer has a right to seize under plain view doctrine. Plain Touch doctrine - Correct answer-Exception to warrant requirement and allows officers to seize drugs during a frisk. Officer must be properly executing investigative pat-search and it must be immediately apparent that what he or she has found is drugs or contraband. Exclusionary Rule - Correct answer-Used when an officer makes an illegal search or seizure, and states any evidence found is (excluded) not admitted at trial. · Used in Federal courts and adopted by Texas courts. · Federal rule applies to governmental agents, State rule applies to all parties. Texas Exclusionary Rule- applies to officers & private citizens "Fruits of the Poisonous Tree" Doctrine - Correct answer-· Fruits of the Poisonous Tree- if evidence found during an illegal search leads to the discovery of other evidence, then that evidence cannot be admitted against a suspect at trial. · Example: Officer executed warrant on house, finds gun, gets confession to a murder by gun owner. Later the warrant PC found to be insufficient. All the evidence would not be admissible in court. "Good Faith" Exception to Exclusionary Rule - Correct answer-· The exclusionary rule is supposed to deter police from making illegal search & seizures. · When P.O. makes a reasonable mistake & did not realize search illegal, then there is no reason to exclude the evidence. · The good faith exception applies so that evidence found during illegal search may be used in trial to prove a criminal is guilty. · In Texas, the "Good Faith" exception applies only when an officer has PC. Chain of custody - Correct answer-List of all the people who have had contact with the evidence, since the search. NIBIN - Correct answer-(National Integrated Ballistic Imaging Network) unit for the entry of cartridge cases from seized firearms and spent cartridge cases from crime scenes in a national database to identify possible associations of gun-related crimes A completed DPS Crime Laboratory submission form - Correct answer-Serves as a proposed contract between the customer and the DPS Crime Laboratory. For DNA, Hair Comparisons, Latent Prints, and Questioned Documents testing requests, the Laboratory requests the submission of - Correct answer-known reference or exemplar samples from victim(s), suspect(s) and elimination standards for comparison purposes. Elimination standards - Correct answer-are from persons who had legitimate access to a crime scene and may be detected during forensic analysis but are not the victim or considered a suspect. A case will be prioritized if it involves any of the following circumstances - Correct answer-o 1. A threat to public safety (example: an unidentified serial rapist) o 2. An impact to court trials o 3. An impact to jails (person is confined for an extended period pending lab results) o 4. A high profile incident that draws national media attention For sexual assault evidence submission - Correct answer-Sexual Assault Evidence Submission Certification Form (LAB-06A) should be included along with the LAB-06 All DNA cases MUST - Correct answer-list a victim Evidence should be labeled with - Correct answer-exhibit numbers on the outside of all containers The container of items suspected of containing blood or other body fluids must - Correct answer-be either labeled with a biohazard symbol or in a red container, except as it pertains to the shipping container The shipping container for Biological Substances Category B must have - Correct answer-a UN3373 symbol and the inside container must be either red or labelled with a biohazard symbol Containers of glass and/or sharp objects should be - Correct answer-identified as such on the container Liquid evidence must be - Correct answer-mailed in a conveyance container separate from non-liquid evidence. Seems should be taped and corner flaps are also tape sealed Drug evidence submission and testing - Correct answer-The number of items that will be tested in each case will be limited to the minimum number necessary to reach the weight requirement of the highest penalty group in the Texas Health and Safety Code. This means that the only items analyzed will be the highest felony submitted. Uncapped syringes will - Correct answer-not be examined by the DPS Crime Laboratories Quantitation requests for Federal Court - Correct answer-Quantitative analysis of methamphetamine is needed at times for federal court. DPS-sponsored cases with exhibit(s) greater than 5 grams will be quantitated upon written request by a federal prosecutor or DPS Criminal Investigation Division Captain when the request comes in with the initial evidence submission Quantitation requests for State Court - Correct answer-Quantitative analysis is not performed for prosecution in state court. Marijuana special packaging requirements - Correct answer-o Package freshly dried substances in paper bags or boxes to allow for continued drying before submission. o Large drug seizure evidence should be sub-divided in containers weighing no more than thirty (30) pounds. Individual bundles weighing more than thirty pounds do not have to be subdivided. Clandestine lab chemical collection - Correct answer-o Package all liquids in a sturdy plastic bottle with secure plastic lids or a glass jar with a plastic lid. Lids may be sealed with chemical tape or duct tape. Do not use metal lids on jars or bottles. Acidic liquids should not be placed into a plastic bottle. Verify pH of liquid; if acidic, use a glass container o Do not submit large samples of organic solvents not believed to contain controlled substances. o Do not submit items still in factory-sealed containers when discovered. o Do not submit any compressed gas tanks (i.e. propane or ammonia). Toxicology drug analysis - Correct answer-The DPS Crime Laboratory performs a screen for eight classes of drugs to determine the presumptive presence of drugs in the sample Sexual assault investigations - Correct answer-o Urine provides the longest window of detection for drug facilitated sexual assaults. o Most drugs are detectable in blood within 12 hours, however some may be quickly eliminated. Most drugs are detectable in urine within 72 hours. Biological screening / DNA evidence: - Correct answer-o Please note that the submission of elimination samples, such as reference samples from a consensual partner in the case of a sexual assault, is requested prior to the entry of crime scene samples into CODIS. Biological screening / DNA evidence Collection (Guidelines) - Correct answer-o Do not package known reference samples in the same packaging as questioned samples. o Package individual items of clothing from the same person in separate containers o If the exact location of evidentiary DNA on an item is important, wrap the item in clean white paper and roll it up on itself prior to placing in a bag in order to prevent transfer of evidence from one location on the item to another location. o Do not package evidence collected from one individual with evidence collected from a second individual. o Do not package crime scene evidence with evidence collected from an individual. o The collection of control swabs from the scene is not required. If submitted, these samples will not be processed through DNA analysis. Biological screening / DNA evidence (Preservation and Packaging): - Correct answer-o Thoroughly dry the wet or moist items, such as clothing or swabs, before packaging. o Refrigerate liquid biological samples until submission to the laboratory. o Freeze tissue samples until transporting to the laboratory for submission. o Package items in white paper. Do not use plastic packaging for biological evidence. o Store the packaged items in a cool, dry area. Avoid sunlight, heat, and excessive humidity. o Refrigerate sexual assault kits if they contain liquid samples, such as blood, until submitted to the laboratory. If unc