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Texas DPS CID Exam Study Set Questions with Answers (100% Correct Answers)

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Texas DPS CID Exam Study Set Questions with Answers (100% Correct Answers)

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Texas DPS CID Exam Study Set Questions
with Answers (100% Correct Answers)


No defendant can be convicted without?

Ans: Evidence


Officers two important roles concerning evidence?

Ans: Find evidence with or without a warrant; helps the prosecutor get the evidence
admitted at trial.


The main duty of persecutors is?

Ans: To make sure justice is done.


Brady VS Maryland

Ans: 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.

Ans: 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

Ans: 1) Supported by probable cause. 2) search made with warrant or exception to warrant
requirement.


Probable Cause

Ans: Enough facts to show evidence of a crime will be found




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,Exceptions to search warrant requirements.

Ans: 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

Ans: Intrusion into an area covered by reasonable expectation of privacy.


Areas of reasonable expectation of privacy.

Ans: 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.

Ans: 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

Ans: 4th Amendment does not cover something when its in plain view


Plain Touch Doctrine

Ans: 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

Ans: When a drug dog detects contraband in a public place it is not a search.




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,K9 Sniff

Ans: Sniff around exterior of car in a public place during a valid traffic stop = no violation of
4th Amendment


Abandonment

Ans: 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

Ans: Persons right to complain about an improper search at trail.


Warrant Contents

Ans: 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.

Ans: 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)

Ans: 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

Ans: 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




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, Ans: 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

Ans: 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

Ans: 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

Ans: 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

Ans: Is the most important case on PC. Anonymous letter sent to police about drug dealers.


Who Decides Whether Probable Cause Exists

Ans: 1) the officer 2) the magistrate 3) the trial judge 4) appellant judge


Anonymous Informer




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