As a police officer in Texas, explain the laws that a citizen needs to be aware of with regard to arrests, searches, and seizures. List the different types of evidence that can be seized during a lawful search

Question

What will be an ideal response?

Answer 1

Answer:
A. Laws concerning arrests
1. first formal stage of the criminal justice process
2. The U.S. and Texas constitutions guarantee that no person shall be arrested unless probable cause has been established
3. probable cause is that it is likely that an individual has committed a criminal act
4. if probable cause is established the government is authorized to restrain an individual's freedom and liberties
5. can be determined by a peace officer who makes the apprehension or by a judge who issues a warrant of arrest
6. arrested individual allowed the opportunity to post bail unless capital murder
B. Search
1. Fourth Amendment of the U.S. Constitution provides all citizens the right to be free from unreasonable searches and seizures of property by the government
2. police must be aware of this safeguard while they are collecting evidence against a person accused of violating the law
3. lawfully conducted searches highly regulated
a. search any person who is legally arrested
b. searches of homes, cars, and other private premises often require a search warrant, and the officers must show sufficient cause in order to obtain one
c. search warrant requests can be denied because the officers fail to convince the judge that there is probable cause
C. Seizure
1. police officers may seize one or more categories of evidence during a lawful search
2. categories of evidence that can be seized
a. fruits of a crime: any items stolen or otherwise illegally obtained by the accused
b. tools of a crime: any item or instrument used during the commission of a criminal act
c. contraband: possession of child pornography, some types of drugs, and gambling equipment
d. mere evidence: items that tend to connect an individual with a crime