A.S.S. (Review for Exam One)
Consensual Encounter - ✔✔ correct answer -Requires no objective legal justification.
-A completely voluntary police-citizen interaction where no seizure of the person takes place and where
a reasonable person would feel free to disregard the police. A consensual encounter may be terminated
at any point by any party involved.
-Fourth Amendment does not apply.
-A consensual encounter becomes a detention only when the police officer verbally, or non-verbally,
conveys that compliance is required.
-Florida v. Royer, 460 U.S. 491 (1983).
Temporary Investigative Detention - ✔✔ correct answer -Holding a person for a limited time who, as yet,
is not answerable to a criminal offense.
-Requires RS of criminal activity.
-Does not rely on the subjective belief of the officer or detainee; reasonable person instead.
-If the detention is unlawful, consent to search obtained during the detention is also unlawful.
Arrest - ✔✔ correct answer Requires PC.
A lawful arrest also requires:
1. Officer's [intent] must be conveyed to the suspect.
2. [Authority] of arresting person to make arrest.
, A.S.S. (Review for Exam One)
3. Actual [seizure] of the suspect; the physical act of taking the suspect into custody.
4. Suspect's [understanding] of arrest; suspect must reasonably understand the officer's intention to
arrest them.
-CCP Article 15.22.
-U.S. v. Mendenhall (1980).
Three Types of Police-Citizen Encounters - ✔✔ correct answer -Consensual
-Temporary investigative detention
-Arrest
Warrant - ✔✔ correct answer -The preferred justification for any search.
-The issuance of a warrant must be based on a finding of PC.
-Supported by oath or affirmation.
Fourth Amendment - ✔✔ correct answer -Addresses search and seizure.
-Protects the person's right to be secure in their person, house, papers, and effects. Protects persons
from UNREASONABLE search and seizure by the government or private citizens (Texas).
-Protects people but NOT places.
-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause,
supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons
or things to be seized.
Consensual Encounter - ✔✔ correct answer -Requires no objective legal justification.
-A completely voluntary police-citizen interaction where no seizure of the person takes place and where
a reasonable person would feel free to disregard the police. A consensual encounter may be terminated
at any point by any party involved.
-Fourth Amendment does not apply.
-A consensual encounter becomes a detention only when the police officer verbally, or non-verbally,
conveys that compliance is required.
-Florida v. Royer, 460 U.S. 491 (1983).
Temporary Investigative Detention - ✔✔ correct answer -Holding a person for a limited time who, as yet,
is not answerable to a criminal offense.
-Requires RS of criminal activity.
-Does not rely on the subjective belief of the officer or detainee; reasonable person instead.
-If the detention is unlawful, consent to search obtained during the detention is also unlawful.
Arrest - ✔✔ correct answer Requires PC.
A lawful arrest also requires:
1. Officer's [intent] must be conveyed to the suspect.
2. [Authority] of arresting person to make arrest.
, A.S.S. (Review for Exam One)
3. Actual [seizure] of the suspect; the physical act of taking the suspect into custody.
4. Suspect's [understanding] of arrest; suspect must reasonably understand the officer's intention to
arrest them.
-CCP Article 15.22.
-U.S. v. Mendenhall (1980).
Three Types of Police-Citizen Encounters - ✔✔ correct answer -Consensual
-Temporary investigative detention
-Arrest
Warrant - ✔✔ correct answer -The preferred justification for any search.
-The issuance of a warrant must be based on a finding of PC.
-Supported by oath or affirmation.
Fourth Amendment - ✔✔ correct answer -Addresses search and seizure.
-Protects the person's right to be secure in their person, house, papers, and effects. Protects persons
from UNREASONABLE search and seizure by the government or private citizens (Texas).
-Protects people but NOT places.
-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause,
supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons
or things to be seized.
