Flashcards
Court Cases
Cards in this deck (29)
- 1What amount of evidence is needed for a police officer to have a consensual encounter on the public way?Answer: No evidence is needed for a consensual encounter between a police officer and a citizen.
Florida v. Bostick, 501 U.S. 429 (1991) - The Supreme Court held that police officers are allowed to approach people who are on public places and ask for consent to search their persons; as long as the reasonable person would feel free to say no, the encounter is consensual; and the consent to search - if given - is valid. - 2What amount of evidence is needed for a police officer to seize a person?Answer: The amount of evidence needed for a police officer to seize a person must amount to reasonable suspicion.
Terry v. Ohio, 392 U.S. 1 (1968) - The Supreme Court ruled that a police officer, based on reasonable articulable suspicion of a crime -- about to be committed -- is allowed to forcibly detain a subject; this type of seizure does not amount to an arrest. - 3What amount of evidence is needed for a police officer to arrest a person?Answer: The amount of evidence needed for a police officer to arrest a person must amount to probable cause.
- 4Describe the Exclusionary Rule.The exclusionary rule states when evidence is obtained in violation of an persons Fourth Amendment Right, that evidence may possibly be excluded from trial.
Weeks v. United States. 232 U.S. 383 (1914) - The Supreme Court ruled that the evidence, obtained in violation of the search warrant requirement of the 4th Amendment, was inadmissible. - 5How does the Fourth Amendment affect citizens?The Fourth Amendment affects citizens by protecting them from unjust searches and seizures.
- 6How does the Fourth Amendment affect police officers?The Fourth Amendment affects police officers by setting rules and limitations to searches and seizures which ultimately affects how policing is done.
- 7Reasonable SuspicionWith Reasonable Suspicion, a police officer can legally seize (forcefully detain) a person for the purpose of conducting an investigation.
This type of encounter is not a custodial arrest.
This means that Miranda warnings are not required. - 8Terry V. OhioIn 1968, the Supreme Court ruled that a police officer is allowed to forcefully detain a subject for the purpose of conducting an investigation.
The S.C. stated that an officer who has reasonable articulable suspicion of criminal activity can lawfully detain a subject against their will. This type of temporary detention is not a custodial arrest. - 9Terry v. Ohio ImportanceThe Terry Stop is important to police officers because it allows for the physical detainment of people for the purpose of conducting investigations.
Officers are allowed to perform investigatory stops, based on reasonable suspicion of criminal activity, without placing people under custodial arrests, which requires probable cause. - 10Probable CauseThe test of whether or not probable cause exists is a non-technical analysis, according to the S.C.;
Based on the totality of the circumstances, is there enough information for an objectively reasonable police officer to conclude the person to be arrested committed a crime?
Or for a search warrant, is there enough evidence for the reasonable and objective police officer to conclude that something illegal will be found in the place to be searched? - 11Bodily InjuryPhysical pain, illness or any impairment of physical condition.
- 12Serious Bodily InjuryBodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
- 13ActBodily movement, whether voluntary or involuntary and includes speech.
- 14ActorA person whose criminal responsibility is in issue in a criminal action.
- 15ConductAn act or omission and its accompanying mental state.
- 16ConsentAssent in fact whether express or apparent.
- 17Deadly WeaponA firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury;
or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. - 18Effective ConsentIt includes consent by a person legally authorized to act for the owner.
- 19Element of Offense(a) the forbidden conduct;
(b) the required culpability;
(c) any required result; and
(d) the negation of any exception to the offense - 20FelonyAn offense so designated by law or punishable by death or confinement in a penitentiary.
- 21HarmAnything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
- 22LawAnything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected, is interested.
- 23MisdemeanorAn offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.
- 24OwnerA person who (a) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;
(b) is a holder in due course of a negotiable instrument. - 25PersonAn individual or a corporation, association, limited liability company, or other entity or organization governed by the business organizations code.
- 26PossessionIt means actual care, custody, control, or management
- 27Reasonable BeliefA belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
- 28UnlawfulCriminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
- 29Sec. 12.03 Classification of Misdemeanors(a) Misdemeanors are classified according to the relative seriousness of the offense into three categories:
(1) Class A misdemeanors;
(2) Class B misdemeanors;
(3) Class C misdemeanors
(b) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor.
(c) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.
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- Police Academy Texas Penal Code Flashcards on Court Cases, created by A Jack on 25/06/2021.
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- A Jack
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