7. Arrest - Search - Seizure (24 hrs.)

1. 7. Arrest - Search - Seizure (24 hrs.) TCLEOSE LEARNING OBJECTIVES 08/03/04

2. Unit Goal: 7.1. Understand the legal authorities as they pertain to the role of the peace officer and the rights of citizens regarding arrest. • 7.1.1. Identify the conditions for arrest. • 7.1.2. Explain the circumstances for warrantless arrests. • 7.1.3. Explain procedures for obtaining a warrant of arrest. • 7.1.4. Identify the process for arresting with a warrant. • 7.1.5. Identify suspicious circumstances. • 7.1.6. Apply probable cause and related elements. • 7.1.7. Identify lawful action to be taken for temporary detention. • 7.1.8. Identify circumstances when frisking is permitted. • 7.1.9. Distinguish who and what may be frisked and what may be seized during the frisk. • 7.1.10. Identify the categories of evidence for which a search may be conducted. • 7.1.11. Identify circumstances which justify a lawful search. • 7.1.12. Explain the legal authority of a search warrant. • 7.1.13. Identify who and what may be searched and discuss the consent to search. • 7.1.14 Indicate how the exclusionary rule applies.

3. Unit Goal: 7.1. The student will understand the legal authorities as they pertain to the role of the peace officer and the rights of citizens regarding arrest.

4. Instructor may want to read and discuss Heitman v. State, 815 S.W. 2d 681, 682 (Tex. Crim. App. 1991)as a prelude to the Arrest - Search - Seizure Section.

5. 7.1.1 The student will be able to identify the conditions for arrest.

6. When a person is arrested CCP 15.22

7. Intent

8. Authority

9. Seize and detain

10. Understanding of the individual being arrested

11. Constructive Custody CCP 11.21

12. Understanding on behalf of the individual being arrested that he is arrested without any physical control being demonstrated by the officer. The individual submits.

13. Restraint CCP 11.22

14. Definitions - Custody PC 38.01 (1)(A)(B)

15. In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly informed that he

16. has the right to remain silent, and that anything he says will be used against him in court;

17. he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.

18. Miranda v. Arizona 384 US 436 (1966)

19. Duties of arresting officer and magistrate CCP 15.17

20. Instructor may include "How to use a law library."

21. "How to Brief" cases and sample brief.

22. U.S. v. Mendenhall, 446 U.S. 544 at 554-555(1980). 

23. Florida v. Royer, 460 U.S. 491 (1983).

24. 7.1.2. The student will be able to explain the circumstances for warrant less arrests.

25. Warrantless arrests:

26. Offense Within View CCP 14.01(a)

27. CCP 14.01(b)

28. Within View of a Magistrate CCP 14.02

29. Authority of a Peace Officer CCP 14.03

30. When Felony has been Committed CCP 14.031

31. CCP 14.04

32. Rights of Officer - CCP 14.05

33. Arrest by Peace Officer from other jurisdiction - CCP 14.051

34. Must take offender before magistrate - CCP 14.06

35. Preventing the Consequences of Theft CCP 18.16

36. CPRC 124.001

37. Uniform Criminal Extradition Act CCP 51.13, Sec. 14

38. Diplomatic Immunity 22 USC 254 Diplomatic Relations Act

39. Mandatory Arrest Authority CCP 14.03(b)

40. Privilege of Legislators - CCP 1.21

41. Mandatory Arrest Authority - CCP 14.03(b)

42. Violation of a Protective Order - PC 25.07(e)

43. Uniform Act to Secure Attendance of Witnesses from Outside the State - CCP 24.28

44. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings - CCP 24.29(9)

45. 7.1.3. Explain procedures for obtaining a warrant of arrest.

46. Procedures for obtaining a warrant of arrest:

47. Warrant of Arrest CCP 15.01

48. Requisites of Warrants CCP 15.02

49. Magistrate May Issue Warrant or Summons CCP 15.03

50. Complaint CCP 15.04