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Texas Criminal Procedure - Bar Questions with correct answers.
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Texas Criminal Procedure - Bar Questions with correct answers.
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Texas Criminal Procedure - BarQuestions with correct answers
May a police officer arrest a defendant in Fort Bend County on the basis of an arrest
warrant that was issued in Harris County? - ANSWER -Yes. Arrest warrants issued in
Texas are valid throughout every part of Texas and can be executed by any Texas
peace officer.
What is a complaint? - ANSWER -A complaint for arrest purposes consists of an
affidavit containing facts that establish probable cause as a basis for the issuance of
an arrest warrant.
What are the three requirements for an arrest warrant? - ANSWER -An arrest
warrant must contain:
1. the name of the person whose arrest is ordered
2. the offense the person is accused of committing
3. the signature of a magistrate
Is a police officer required by law to obtain one warrant authorizing the search of a
defendant's house and a separate warrant authorizing the arrest of the defendant? -
ANSWER -No. If the facts presented to the magistrate for a search warrant also
establish the existence of probable cause to arrest defendant, the search warrant
may, in addition, order the arrest of the defendant.
Does a police officer have authority to break down a defendant's door in order to
enter the defendant's apartment? - ANSWER -an officer executing an arrest warrant
may break down a door to a house, apartment or building to make an arrest if, after
giving notice of his authority and purpose, he is refused admittance
D was arrested following the execution of a search war. at his business. A search of
a safe in the business revealed what appeared to be illegal controlled substances,
$95,000 in cash, and a switchblade knife. all of those items were seized and D has
been charged with possession with intent to deliver Meth in an amount between 4-
200 grams and possession of a prohibited weapon. As you prepare your case for
trial, you review the affidavit for the search warrant. What three facts MUST the
affidavit set forth to establish probable cause? - ANSWER -To establish probable
, cause for the issuance of a search warrant, the affidavit should contain facts that
show:
1. that a specific offense has been committed
2. that the specifically described property or items that are to be searched for
constitute evidence of that offense
3. that the property to be searched is located at a particularly described place
What motion should you file to contest the validity of the search if you conclude
that a search warrant was defective?
what must the motion allege and what remedy should you seek? - ANSWER -File a
motion to suppress seeking to exclude the fruits of the search. It should allege that
the affidavit's contents are insufficient under TCCP
Someone broke into Aaron's home in Houston, and stole his TV. Aaron reported the
crime to detective Don with HPD. Based on his investigation Don had probable
cause to believe that Ike had committed the crime. Detective Don hastily obtained a
warrant authorizing the search of Ike;s apartment and the arrest of Ike. When Don
went to Ike's apartment, knocked on the front door and announced that he had a
warrant to search and for the arrest of Ike, Ike yelled "Go away" Detective Don
broke down the door, arrested Ike, and found Aarons tv in the apartment.
Ike was charged with felony of burglary and the court has appointed you to
represent him. Ike swears it was his roommate George. Ike also tells you George
has a prior felony conviction of burglary which he is presently on probation for.
Was detective don required by law to obtain one warrant authorizing the search for
Ike's apartment and a separate warrant authorizing t - ANSWER -No. Detective Don
did not need to obtain two different warrants. He could obtain a combination search
and arrest warrant.
Did detective Don have the authority to break down Ike's door in order to enter the
apartment? - ANSWER -Yes. "Knock and announce" rules are constitutional.
Detective Don had already given Ike notice, and Ike had refused entry. Under these
circumstances, Don was justified in breaking down the door to execute the arrest
and search warrant.
What four things must a search warrant contain? - ANSWER -A search warrant must
contain:
1. a specification of the person, place, or thing to be searched
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