TEXAS DPS CID EXAM STUDY SET
QUESTIONS AND ANSWERS
Standing - Answer-Persons right to complain about an improper search at trail.
Warrant Contents - 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. - 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) -
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 - 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 - 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 - 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 - 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 - 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 - Answer-Is the most important case on PC. Anonymous letter sent to
police about drug dealers.
Who Decides Whether Probable Cause Exists - Answer-1) the officer 2) the magistrate
3) the trial judge 4) appellant judge
Anonymous Informer - 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 - 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 - Answer-Issuing Authority's review of probable cause must be
based solely on facts contained in the written application
Nexus - 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 - Answer-w/in 5 days of issuance
DNA warrant allowed days to execute - Answer-DNA specimen is sought, in which case
17 days are given
"Knock and Announce" Requirement - 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 - 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 - 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 - 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 - Answer-carport, chicken coop, doghouse,
patio, & vehicles
Plain View doctrine - 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 - 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 - 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 - 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 - Answer-· The exclusionary rule is
supposed to deter police from making illegal search & seizures.
QUESTIONS AND ANSWERS
Standing - Answer-Persons right to complain about an improper search at trail.
Warrant Contents - 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. - 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) -
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 - 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 - 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 - 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 - 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 - 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 - Answer-Is the most important case on PC. Anonymous letter sent to
police about drug dealers.
Who Decides Whether Probable Cause Exists - Answer-1) the officer 2) the magistrate
3) the trial judge 4) appellant judge
Anonymous Informer - 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 - 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 - Answer-Issuing Authority's review of probable cause must be
based solely on facts contained in the written application
Nexus - 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 - Answer-w/in 5 days of issuance
DNA warrant allowed days to execute - Answer-DNA specimen is sought, in which case
17 days are given
"Knock and Announce" Requirement - 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 - 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 - 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 - 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 - Answer-carport, chicken coop, doghouse,
patio, & vehicles
Plain View doctrine - 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 - 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 - 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 - 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 - Answer-· The exclusionary rule is
supposed to deter police from making illegal search & seizures.
