Texas DPS CID Exam Study Set Exam
UPDATED QUESTIONS AND CORRECT
ANSWERS
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
UPDATED QUESTIONS AND CORRECT
ANSWERS
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
