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    _____ refers to officers being allowed to search your home without a warrant if they observe an illegal act occurring right outside your home.

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    CODE OF CRIMINAL PROCEDURE CHAPTER 14. ARREST WITHOUT WARRANT

    CODE OF CRIMINAL PROCEDURE

    TITLE 1. CODE OF CRIMINAL PROCEDURE

    CHAPTER 14. ARREST WITHOUT WARRANT

    Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

    (b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.

    Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, Sec. 8, eff. Aug. 28, 1967.

    Art. 14.02. WITHIN VIEW OF MAGISTRATE. A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.

    Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

    Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant:

    (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;

    (2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person;

    (3) persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code, if the offense is not committed in the presence of the peace officer;

    (4) persons who the peace officer has probable cause to believe have committed an offense involving family violence;

    (5) persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer; or

    (6) a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony.

    (b) A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code, if the offense is committed in the presence of the peace officer.

    (c) If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.

    (d) A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace. A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code.

    (e) The justification for conduct provided under Section 9.21, Penal Code, applies to a peace officer when the peace officer is performing a duty required by this article.

    (f) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.

    (g)(1) A peace officer listed in Subdivision (1), (2), or (5), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, other than a violation of Subtitle C, Title 7, Transportation Code.

    (2) A peace officer listed in Subdivision (3), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, except that an officer described in this subdivision who is outside of that officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the offense is committed in the county or counties in which the municipality employing the peace officer is located.

    (3) A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of:

    (A) the person committing the offense and take the person before a magistrate in compliance with Article 14.06; and

    (B) any property seized during or after the arrest as if the property had been seized by a peace officer of that law enforcement agency.

    (h)(1) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a person at any time the officer reasonably believes it is necessary for the protection of the person, officer, or another individual. The peace officer shall return the handgun to the person before discharging the person from the scene if the officer determines that the person is not a threat to the officer, person, or another individual and if the person has not committed a violation that results in the arrest of the person.

    Source : statutes.capitol.texas.gov

    Illegal Search and Seizure FAQs

    Whenever law enforcement is engaging in a search and seizure, there are a number of rules, and exceptions, that apply. This FindLaw article answers the most commonly asked questions regarding your rights when police search you, your home or your car.

    Illegal Search and Seizure FAQs

    Illegal Search and Seizure FAQs

    When law enforcement officers search the private property of a suspected criminal, there are rules that apply to protect that suspect's rights to be free from unreasonable search and seizure. If the search was illegal, any evidence gained during the search could be deemed inadmissible. These principles are derived directly from the Constitution, specifically the Fourth Amendment, as well as court opinions.

    Below are some of the most common questions regarding police searches of a home, a car, or a person.

    Frequently Asked Questions

    What if I refuse to allow a search?

    Will be charges be dismissed because of an illegal search?

    At what point are police considered "searching"?

    Is my private property really that private?

    The police told me they have a search warrant. What did they do to get it?

    What powers do police get when they have a search warrant?

    Are search warrants required for every search?

    My landlord/roommate gave the police permission to search my belongings. Was this search legal?

    During a traffic stop, can the police search my car and frisk me?

    My car was towed and impounded. Can the police search it?

    What if I Refuse to Allow a Search?

    The officer will either continue to search without your consent, which may or may not be legal, or the officer will give up the search for the time being. The officer may return later with a warrant.

    Regardless of how an officer reacts to your refusal to allow a search, providing any physical resistance to a search will likely result in temporary detention or even an arrest.

    Will Be Charges Be Dismissed Because of an Illegal Search?

    Not necessarily, but it is possible for evidence that was obtained illegally will be suppressed at trial, which could lead to dismissal of charges.

    On the other hand, an illegal search is not a grant of immunity from prosecution. Police might have enough evidence to support a conviction. Or they may find some exception to the exclusionary rule that would allow them to present the evidence uncovered during an illegal search.

    At What Point Are Police Considered to be “Searching?"

    Police conduct a search when they are looking for evidence or contraband. If evidence is found, but the defense claims that the search was illegal, the court will consider two questions:

    Was the person whose home, car, or property was "searched" expecting a degree of privacy?

    Was that expectation of privacy reasonable (usually based on societal attitudes)?

    The expectation of privacy distinguishes what makes a warrantless search unreasonable. The "plain view" doctrine is the other side of this coin. Contraband or evidence that is easily visible to an officer standing outside a vehicle during a traffic stop, or at the front door of an apartment, is an example of "plain view."

    If the person being "searched" was not keeping the contraband private, or if the expectation of privacy was not reasonable, then there was no "search" for purposes of the Fourth Amendment.

    Can Police Get to Private Possessions?

    The Fourth Amendment protects the right to of people "to be secure in their persons, house, papers, and effects." So, possessions that are stored in a house, dwelling, or other building are generally considered to be private. If the police have to enter a building in order to get a look at something, they generally need a search warrant to do so.

    However, there are situations where police can search and seize property without a warrant. Timely searches to prevent destruction of evidence are allowed because the situation demands prompt action by the police.

    In general, law enforcement officers have been allowed to take aerial photographs from above a home. New drone technology has made this a controversial issue, however, as the quality and precision of drone photography seems to intrude upon privacy. A recent court decision found that low-flying drone photography could trigger the requirement for a warrant.

    Technology can also be used to eavesdrop on conversations, but courts have set limitations. When listening to conversations, police cannot use hi-tech equipment to listen in private places without having a warrant. Otherwise, that act of surveillance is considered an illegal search.

    Generally speaking, the more sophisticated the listening or photography equipment, the more likely it will be that the police will be required to obtain a warrant using it.

    There is, of course, an exception for consent. When consent is provided to an officer who wants to search, the right to challenge the a warrantless is waived, even if damning evidence is discovered. Additionally, if an officer is present on private property for a legitimate reason (perhaps pursuing a felon), any contraband that is in plain sight is fair game to be seized, even without a search warrant.

    How do Police Obtain a Search Warrant?

    A search warrant is a written order issued by a judge or magistrate that gives law enforcement permission to search a location or a person. A search warrant also gives law enforcement permission to seize not just evidence, but also people, contraband, information (digital or paper), and biological material. Some warrants permit police to use electronic surveillance devices.

    The warrant is typically addressed to law enforcement, informing officers:

    Source : www.findlaw.com

    Unit 7 How Can I Get Involved?: Know Your Rights Quiz Flashcards

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    Your employer can consent to a police search of your work area.

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    Terms in this set (5)

    Plain view

    _____ refers to officers being allowed to search your home without a warrant if they observe an illegal act occurring right outside your home.

    Your employer can consent to a police search of your work area.

    Which of the following statements is true?

    if the officer has probable suspicion

    Your home can be searched without a warrant under all of the following circumstances EXCEPT _____.

    if the officer "observes something real" that might indicate you're involved in criminal activity

    Under what circumstances can a police officer search your car?

    protect and investigate

    A police officer's responsibility to _____ outweighs the requirement for a search warrant.

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