Texas DPS CID Exam Study Set Questions
and Correct Answers | Latest Update
No defendant can be convicted without?
Evidence
Officers two important roles concerning evidence?
Find evidence with or without a warrant; helps the prosecutor get the
evidence admitted at trial.
The main duty of persecutors is?
To make sure justice is done.
Brady VS Maryland
the prosecution is required to disclose all evidence to t he accused
Even though an officer may obtain evidence properly under 4th amendment it may not be
admissible under Texas Constitution.
EX. Richardson VS. State. In federal law no right to privacy on numbers
dialed on a phone, but in Texas citizens ha ve a right to privacy regarding
numbers dialed on a phone.
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Reasonable search
1) Supported by probable cause. 2) search made with warrant or
exception to warrant requirement.
Probable Cause
Enough facts to show evidence of a crime will be foun d
Exceptions to search warrant requirements.
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
Intrusion into an area covered by reasonable expectation of privacy.
Areas of reasonable expectation of privacy.
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
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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.
1) Garbage placed on curb for collection 2) Phot o 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
4th Amendment does not cover something when its in plain view
Plain Touch Doctrine
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.
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Public Scent
When a drug dog detects contraband in a public place it is not a searc h.
K9 Sniff
Sniff around exterior of car in a public place during a valid traffic stop =
no violation of 4th Amendment
Abandonment
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
Persons right to complain about an improper search at trail.
Warrant Contents
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
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