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That condition of the human organism that consists of its health and disease status and risk potential.
Wellness
According to the Occupations Code, a person licensed as a peace officer must complete 40 hours of legislatively required continuing education training once every
24 months
According to Commission Rules, if a licensee's name is changed for any reason, such as marriage, divorce, or other court action, it must be reported to the Commission within _____ days
30 days
According to Commission Rules, if a current license holder is arrested for any offense above a Class C misdemeanor, the license holder shall report the facts of the arrest to the Commission in writing within
30 days
According to Commission Rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will
Expire
Which of the following is an advantage of having the professional model for law enforcement?
More effective problem solving techniques
The expression or use of facts without distortion by personal feelings or prejudices is the definition of
Objectivity
Investigations relating to the deprivation of civil rights under color of law are usually conducted by the
Federal Bureau of Investigation
According to the Penal Code, a public servant acting under color of office or employment commits the offense of Official Oppression if the public servant
Intentionally subjects another to sexual harassment lly sub
The Sixth Amendment to the U.S. Constitution
Gives the right to trial, open to the public
Cruel and unusual punishment are prohibited by which amendment?
8th
According to the _____ Amendment of the U.S. Constitution, powers not specifically reserved to the federal government are reserved to the state government.
10th
According to the Code of Criminal Procedure, a _____ is an order issued by a judge directed to anyone having a person in their custody, commanding them to produce such person and show why they are in custody
Writ of habeas corpus
Which court case affirmed a person's right to free speech?
Dural V. City of Douglas
The 5th Amendment to the U.S. Constitution gives citizens the protection from_____.
Self-Incrimination
The _____ Amendment limits the level of force that may be used to reasonable force.
4th
The primary components of the American Criminal Justice System are _____.
Police, courts, and correctional
_____ is law that defines the personal and property rights of individuals.
Civil Law
According to the Code of Criminal Procedure, which of the following is NOT a magistrate?
District Attorneys
According to the Code of Criminal Procedure, which of the following are NOT Texas peace officers?
Special agents of Alcohol, Tobacco and Firearms
According to the Code of Criminal Procedure, the Court of Criminal Appeals does NOT _____.
Review decisions of civil cases
According to the Code of Criminal Procedure, the ______ courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
County
According to the Code of Criminal Procedure, a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, including _____.
Giving written notice of a victim's legal rights
According to the Code of Criminal Procedure, which of the following is NOT a use of force option for dispersing a riot?
Use any defree of force
According to the Code of Criminal Procedure, an affidavit made before a magistrate charging the commission of an offense is called a/an_____.
Complaint
According to the Code of Criminal Procedure, the security given by the accused that he will appear and answer before the proper court the accusation brought against him is known as _____.
Bail
According to the Code of Criminal Procedure, a written statement of a grand jury accusing a person of an offense is a/an _____.
Indictment
According to the Code of Criminal Procedure, a person is arrested when the person has been ____.
Taken into custody
According to the Code of Criminal Procedure, a written statement that is filed and presented on behalf of the State of Texas by a district attorney that charges a person with an offense that may be prosecuted according to law is called a/an _____.
Information
According to the Code of Criminal Procedure, a peace officer from another state may pursue a fleeing person into Texas and arrest them there, if the person is suspected of committing ______.
A felony
According to the Code of Criminal Procedure, the time allowed for the execution of a search warrant shall be _____ whole days, exclusive of the day of issuance and the day of its execution.
3 whole days
According to the Code of Criminal Procedure, which court has original jurisdiction over all felony cases?
District Court
According to the Code of Criminal Procedure, what is a writ issued by a court directing any peace officer in the state, commanding him to arrest a person accused of an offense and bring him before that court immediately called?
Capias
According to the Code of Criminal Procedure, appeals from the Justice Court are heard by the _____ Court.
County
According to the Code of Criminal Procedure, what is the term for a written order from a magistrate, directed to a peace officer, commanding them to take the body of the person accused of an offense, to be dealt with according to law?
Arrest warrant
According to the Code of Criminal Procedure, what is a law enforcement-initiated action based on an individual's ethnicity or national origin rather than the individual's behavior?
Racial Profiling
According to the Code of Criminal Procedure, whenever a peace officer meets with resistance in discharging any duty imposed on him by law, he _____ command a sufficient number of citizens of his county to overcome the resistance.
Shall
_____ circumstances exist when there is not enough time to obtain a warrant and the officer must establish probable cause.
Emergency
The right to have an attorney present during questioning was affirmed by _____.
Miranda V. Arizona
Persons found in suspicious places, and under circumstances which reasonably show that such persons are about to commit some offense against the laws may _____.
Be arrested without a warrant
According to the Code of Criminal Procedure, a peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in their presence or within their view if the offense is classified as _____.
A felony
In U.S. v. Carroll, the Supreme Court upheld an officer's right to search a vehicle's trunk when the officers have _____.
Probable cause
Under temporary detention, a person _____ be required to identify himself.
Cannot
The act of keeping back, or withholding, by design, a person, is the definition of _____.
Detention
The right of the officer to search the immediate area of control in a search incident to an arrest was affirmed in _____.
Chimel V. Calfornia
According to the Code of Criminal Procedure, a search warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to _____.
Search for any property or thing and seize the same
Holding a person for a limited time who, as yet, is not answerable to a criminal offense is ____.
Temporary Detention
According to the Code of Criminal Procedure, if a _____ from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he is not subject to arrest or the service of civil or criminal process because of any act committed prior to his arrival in this state under the order.
Witness
According to the Code of Criminal Procedure, an officer must have _____ to believe the property is stolen to justify seizure of the property.
Probable Cause
According to the Code of Criminal Procedure, a peace officer may arrest, without a warrant, when a felony or breach of the peace has been committed in the presence or within view of a _____ and such person verbally orders the arrest of the offender.
Magistrate
_____ exists when the facts and circumstances known to the officer would warrant a prudent man believing that an offense has been committed.
Probable cause
According to the Code of Criminal Procedure, what is the actual forcible detention of a person and other coercive measures to detain him within certain limits?
cONSTRUCTIVE CUSTODY
Which U.S. Constitutional amendment is the primary focus of the Miranda v. Arizona case?
5th
According to the Code of Criminal Procedure, a citizen may, without a warrant, arrest an offender when the offense is committed within their view is a _____.
Felony
According to the Code of Criminal Procedure, which of the following, occurring in the presence of an officer, requires an arrest, even without a warrant?
There is a person the officer has probable cause to believe is violating a protective order
According to the Code of Criminal Procedure, a peace officer may break down the door of any house for the purpose of making an arrest if he has been refused admittance after giving notice of his authority and purpose under which of the following circumstances.
Felony
The poisonous tree doctrine, which displays the notion that evidence obtained after illegal government action will be excluded from evidence, was affirmed in _____.
Wong Sun V. U.S.
You can frisk if there is _____ that the suspect may be in possession of a weapon.
Reasonable fear
When a search is conducted after a lawful arrest, within immediate control and contemporaneous with the arrest, the search is justified under _____ to lawful arrest.
incidental
What is generally considered to be that area of open space surrounding a dwelling, which is so immediately adjacent to the dwelling that it is part of the house?
Curtilage
According to the Penal Code, what is NOT part of the element of an offense?
admission of guilt
According to the Penal Code, in the case of an "exception to an offense," the burden of proof lies with the _____.
Prosecuting attorney
According to the Penal Code, a person acts _____, with respect to the nature of their conduct, when it is the conscious objective or desire to engage in the conduct or cause the result.
intentionally
According to the Penal Code, a person is criminally responsible as a party to an offense if the offense is _____.
Committed by his own conduct
According to the Penal Code, what is an affirmative defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the proscribed conduct?
Duress
According to the Penal Code, a mistake of fact is _____.
A defense to prosecution
According to the Penal Code, in order to prove a case of public intoxication, a person must ____.
Appear in a public place while intoxicated to a degree the person may endanger himself/herself or another
A person is in the process of robbing a store when a customer enters and is shot and killed by the person. According to the Penal Code, what is the most serious offense committed?
Capital Murder
A person abducts a child and demands a ransom for the child's release. The person gets scared and releases the child unharmed. According to the Penal Code, what is the most serious offense committed?
Aggravated kidnapping
According to the Penal Code, what offense is committed when a person threatens to harm another, by an unlawful act, on account of their service as a witness or public servant?
Obstruction or retaliation
A person causes an explosion with intent to destroy or damage, and is reckless about whether the explosion will endanger the life of some individual. According to the Penal Code, the person has committed the offense of _____.
Arson
A person who, in the course of committing theft, intentionally, knowingly, or recklessly causes bodily injury to another, or places another in fear of imminent bodily injury or death, has committed what offense?
Robbery
A person knowingly causes serious bodily injury to another in the course of committing theft. According to the Penal Code, what is the most serious offense committed?
Aggravated Robbery
A person breaks into an attached garage, breaks into a vehicle parked in the garage, and steals a $1,500 computer from the back seat. According to the Penal Code, what is the most serious offense committed?
Burglary
According to the Penal Code, a person commits the offense of theft if they _____ appropriate property with intent to deprive the owner of the property.
Unlawfully
A person removes a $450 price tag from a retail item, replaces it with a $200 price tag and pays the lower price. According to the Penal Code, the person has committed the offense of _____.
Fraudulent destruction, removal, or concealment of writing
A person steals a credit card with the intent to use it. According to the Penal Code, the person has committed the offense of _____.
Credit card abuse
A person knowingly prevents a writ from being served in a civil case. According to the Penal Code, the person has committed the offense of _____.
Preventing execution of civil process
A person enters the county commissioners' meeting and begins to shout obscenities. According to the Penal Code, that person has committed the offense of _____.
Disrupting meeting or procession
According to the Penal Code, a person who knowingly solicits another to engage in sexual conduct with another person for compensation commits the offense of _____.
Promotion of prostitution
According to the Penal Code, a person who intentionally operates or participates in the earnings of a gambling place has committed the offense of _____.
Gambling promotion
According to the Penal Code, what is the definition of a deadly weapon?
Anything that, in its manner of intended use, is capable of causing serious bodily injury
According to the Penal Code, all persons are presumed to be innocent, and no person may be convicted of an offense unless each element of the offense is proven _____.
Beyond a reasonable doubt
According to the Penal Code, which of the following persons is NOT permitted to carry, on or about their person, a handgun?
A person carrying large sums of money
A person intentionally or knowingly abducts another person with the intent to use them as a shield or hostage. According to the Penal Code, the person has committed the offense of ______.
Aggravated kidnapping
A person intentionally or knowingly restrains another person. According to the Penal Code, the person has committed the offense of _____.
Unlawful restraint
A person intentionally or knowingly abducts another person. According to the Penal Code, the person has committed the offense of _____.
Kidnapping
A person engaged in sexual contact with a child younger than 17 years of age, who is not their spouse, and is more than 3 years older than the child. According to the Penal Code, the person has committed the offense of _____.
Indecency with a child
A person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse. According to the Penal Code, the person has committed the offense of _____.
Aggravated assault
A person intentionally or knowingly causes the death of an individual. According to the Penal Code, the person has committed the offense of _____.
Murder
A person recklessly causes the death of an individual. According to the Penal Code, the person has committed the offense of _____.
Manslaughter
A person operates an amusement ride while intoxicated, and by reason of that intoxication causes the death of another by accident or mistake. According to the Penal Code, the person has committed the offense of _____.
Intoxication manslaughter
According to the Penal Code, which of the following is a "short barrel" firearm?
A shotgun with an overall length of less than 26 inches
According to the Penal Code, which of the following is NOT covered in Section 46.02, "unlawfully carrying weapons?"
Shotgun
A person, not the operator, knowingly possesses an open container (of alcohol) in a passenger area of a motor vehicle that is located on a public highway. According to the Penal Code, the person has committed the offense of _____.
Possession of alcoholic beverage in motor vehicle
According to the Penal Code, a license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the United States is a _____.
Governmental record
A person is in possession of a burning tobacco product in an elevator. According to the Penal Code, what offense has been committed?
Smoking tobacco
A person retains a child younger than 18, knowing this violates the express terms of a judgment. According to the Penal Code, what offense has been committed?
Interference with child custody
According to the Penal Code, conduct merely affording a person an opportunity to commit an offense does not constitute _____.
Entrapment
According to the Penal Code, a person is justified in using deadly force against another when and to the degree he reasonably believes the deadly force is immediately necessary to _____.
prevent the others imminent commission of robbery
According to the Transportation Code, an operator intending to turn a vehicle right or left shall signal continuously for not less than the last _____ feet of movement of the vehicle before the turn.
100
According to the Transportation Code, a motor vehicle designed, used, or maintained primarily to transport property, is the definition of _____.
Truck
According to the Transportation Code, a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry is the definition of a _____.
Farm tractor
. According to the Transportation Code, a vehicle that is not designed or used primarily to transport persons or property and that is only incidentally operated on a highway, is classified a/an____.
Special mobile
. According to the Transportation Code, an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more vehicles that transport persons or cargo over a road or highway in this state is a/an _____.
Motor carrier
. According to the Transportation Code, before a violation for expired registration exists there is a _____ grace period after expiration.
5 working days
. According to the Transportation Code, a divided, controlled-access highway for through traffic is the definition of a _____.
Freeway
According to the Transportation Code, an improved shoulder is defined as a _____.
Paved shoulder
According to the Transportation Code, the period beginning one-half hour before sunrise and ending one-half hour after sunset is _____.
Daytime
. According to the Transportation Code, an injury to any part of the human body and that requires treatment is a _____.
Bodily injury
A person disposes of litter on the public highway. According to the Health and Safety Code, what offense has been committed?
Illegal dumping
According to the Transportation Code, a temporary prohibition against driving a commercial motor vehicle is what type of order?
out or service
. According to the Transportation Code, an operator approaching a railroad grade crossing shall stop if a railroad engine approaching within approximately _____ feet of the highway crossing emits a signal audible from that distance.
1500
According to the Transportation Code, an operator emerging from an alley shall stop the vehicle _____.
Before moving on a sidewalk
According to the Transportation Code, an operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle within how many feet of a fire hydrant?
15
According to the Transportation Code, an operator giving hand signals shall give them from _____.
The left side of the vehicle
. According to the Transportation Code, an operator may not drive at a speed greater than is reasonable and _____ under the circumstances existing
Prudent
According to the Transportation Code, a vehicle equipped with hazard lamps to warn other vehicle operators of a vehicular traffic hazard shall have the lamps visible at a distance of at least _____ feet in normal sunlight.
500
. According to the Transportation Code, a turn signal lamp mounted on the rear of a vehicle shall emit _____ light.
Red or amber
According to the Transportation Code, unless expressly provided otherwise, a lighting device or reflector mounted on the rear of a vehicle must be or reflect _____.
Red
According to the Transportation Code, an operator may not follow an ambulance closer than _____ when it is displaying headlights.
500 feet
. According to the Transportation Code, what is the minimum light transmission percentage allowable for window tinting?
30
According to the Transportation Code, a motor vehicle is abandoned if the motor vehicle is inoperable, is more than 5 years old, and has been left unattended on public property for more than _____ hours.
48
According to the Transportation Code, a buyer's temporary cardboard tags are valid for _____ days after the date of purchase.
21
According to the Transportation Code, which of the following is a recognized way to establish the financial responsibility required for the operation of a motor vehicle?
Surety bond
According to the Transportation Code, a _____ is the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular traffic.
Highway or street
According to the Transportation Code, an operator moving around a rotary traffic island shall drive only to the _____ of the island.
Right
. According to the Transportation Code, an operator passing another vehicle shall return to an authorized lane of travel before coming within _____ feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing.
200
According to the Transportation Code, it is unlawful to operate an open bed pickup truck with a child younger than _____ in the open bed.
18
According to the Transportation Code, an operator shall dim headlights when an approaching vehicle is within _____ feet.
500
According to the Penal Code, sexual harassment is an element of which offense?
official oppression
According to the Penal Code, _____ is failing to return to custody following a temporary leave for a specific purpose.
Escape
Peace officers are granted the authority to use force by the Texas _____.
Penal Code
. According to the Penal Code, deadly force is NOT justified to _____.
Prevent someone from committing suicide
According to the Penal Code, an amount of force that is intended or known by the actor to cause, or in any manner of its use or intended use is capable of causing, death or serious bodily injury is ____.
Deadly force
According to the Penal Code, the threat of force is justified only when _____.
The use of force is justified
. According to the Penal Code, a person who uses force against another may be _____ liable, if the force is justified.
Civilly but not criminally
According to the Penal Code, even though an actor is justified in using deadly force against another, if in doing so he recklessly kills an innocent third party, the justification is _____ in a prosecution for the reckless killing of the innocent third party.
Unavailable
According to the Penal Code, the use of force, but not deadly force, against a child younger than _____ years of age is justified if the actor is the child's parent.
18
. According to the Penal Code, a person is justified in using deadly force against another _____.
If a reasonable person in the actors situation would not have retreated
. According to the Penal Code, the use of force against another when and to the degree they reasonably believe the force is immediately necessary to protect themselves against the other's use or attempted use of unlawful force, is justified as _____.
Self defense
Handcuffs are only a _____ restraining device.
Temporary
. One of the advantages of the rear approach to suspects is _____.
Surprise
. When handcuffing two suspects together with one set of handcuffs, it is recommended to handcuff _____.
left hand to left hand
The SARA problem solving method includes _____.
scanning
According to the Transportation Code, the operator of an authorized emergency vehicle may exceed a maximum speed limit as long as the operator does not _____.
endanger life or property
Fatigue poses a threat to safe driving by causing _____.
longer reaction time
This is one of the most frequent contributors to law enforcement collisions.
backing
_____ generally refers to groups of people with common ancestry and physical characteristics.
ethnicity
. Having an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts is _____.
prejudice
. _____ is an organized and relatively unchanging combination of a person's knowledge and feelings about someone, or something that influences him/her to behave in a certain way in regards to that person.
attitude
Within in the traditional police service model, most decisions are made at the management and mid-management level with little _____ involvement.
citizen
Every law enforcement officer is a crime prevention officer by the technical definition as well as by the _____ responsibilities of the job.
moral
Speed, mobility, and visibility increase preventative potential, and are advantages of _____ patrol.
automobile
When an officer is alone, more _____ is devoted to patrol functions and duties.
attention
A/An _____ is able to take in everything around a given situation and then sort out the relevant from the irrelevant.
skilled observer
Patrol officers should practice the technique of refraining from using the word "_____" during the violator interview while conducting vehicle stops.
I
. If possible, during a felony stop, offset the police vehicle to the _____ of the suspect's vehicle.
left
Investigations and arrests after the occurrence of a crime are considered ______.
reactive
Operation "ID" encourages citizens to mark their property with their _____ number.
drivers license
Which part of the 7-step violator contact method affords the violator an opportunity to explain or justify the violation?
statement of violation committed
Conducting property checks, questioning suspicious persons, varying patrol patterns, and maintaining high visibility best describe _____.
preventative patrol
. Proactive anticipation, recognition, and appraisal of a crime risk and the action needed to remove or reduce that risk is crime _____.
reduction
. Flexibility where the use of motorized vehicles is impractical, high visibility, and intense patrol are some advantages of _____.
selective enforcement
One of the objectives of patrol is to _____.
preserve the peace
. The two types of problem area patrol are _____ and _____.
preventive, apprehension
Mail boxes, utility poles, automobiles, and brick walls are all examples of _____.
cover
The normal response to trauma follows a similar pattern called the _____.
crisis reaction
Physical arousal associated with fight or flight cannot be sustained; eventually it will result in _____.
exhaustion
According to the Family Code, _____ is an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault.
family violence
According to the Family Code, a protective order is effective for the period stated in the order, not to exceed _____.
2 years
Up to 80% of crisis situations can be diffused through _____.
listening
According to the Code of Criminal Procedure, a magistrate may extend the detention period on a person who is arrested in the prevention of family violence by a period not to exceed _____ hours.
48
According to the Family Code, _____ means an act by an individual that is against another individual with whom that person has had a dating relationship and that is intended to result in physical harm.
dating violence
According to the Code of Criminal Procedure, a peace officer _____ arrest, without a warrant, a person the peace officer has probable cause to believe has violated a protective order, if the offense is committed in the presence of the peace officer.
Shall
According to the Code of Criminal Procedure, a peace officer may request a magistrate's order for emergency protection at a defendant's appearance before a magistrate after an arrest for _____.
an offense involving family violence
The single most common factor in suicide is _____.
depression
A common stereotype about all persons with mental illness is that they are _____.
violent
Which of the following is NOT a route of exposure to hazardous materials?
reduction
. The fact that all substances, in the right amounts, become toxic is the basis of the _____ concept.
DOSE response
According to the Health and Safety Code, a flammable material, an explosive, a radioactive material, a hazardous material, a toxic substance, or related material is the definition of _____.
hazardous material
_____ is a route of exposure to hazardous material by being cut or abraded by a contaminated object.
injection
One of the effects that a hazardous material event has on the environment is _____.
temporary damage to the water system
. According to the Code of Criminal Procedure, what information should the arresting officer collect from a victim of family violence, at the time of arrest, to allow for an attempt to give personal notice to that victim of the imminent release of the accused offender?
address and telephone number
Wet evidence such as bloodstains, semen, and mud must be _____.
allowed to dry before packaging
. During the processing of a crime scene, what potential problem should be taken into consideration when determining how an area will be searched?
physical characteristics of the area to ve searched
The first officer responding to an offense against a person should be observant of the _____ upon arrival at the scene.
persons and vehicles in the area
_____ of witnesses is when witnesses, including officers, are ordered by the judge to leave the courtroom, stay close to the courtroom, and not discuss the case with other witnesses or jurors.
exclusion
During the _____ examination the prosecutor elicits facts from the officer, who directs his testimony to the jury or judge.
direct
The _____ sketch is useful when no camera is available.
perspective
. In order to facilitate proper orientation of a crime scene sketch, _____.
an arrow pointing to the north must e present
A/An _____ is the explanation of symbols used to identify objects in the sketch.
legend
When conducting a crime scene search, a strip search is among the most effective for _____ searches.
outside
. The object of a crime scene search is to locate physical evidence and to _____.
determine what crime was committed
When a seriously injured victim is still conscious upon an officer's arrival, the officer should _____.
obtain proper identification of the victim
Sexual assaults are acts of _____.
violence
The standard used to determine the guilt or innocence of a person criminally charged is _____.
reasonable doubt
. _____ includes all means by which an alleged fact is established or disproved.
evidence
The legal significance of evidence rests in its influence on the _____.
jury
The legal significance of evidence rests in its influence on the _____.
corpus delicti
. The lawful search for people, land, or things useful in reconstructing the circumstances of an illegal act or omission and the mental state accompanying it is a/an _____.
criminal investigation
250. Examples of _____ are what you see, hear, or smell that indicates there may be criminal activity.
suspicion
According to the Transportation Code, an "unmarked crosswalk" only exists _____.
At intersections
According to the Transportation Code, a person has a disability if they have a/an _____ that substantially impairs the person's ability to ambulate.
Mobility Problem
According to the Rules of Civil Procedure, the document that commands a sheriff or constable to take into their possession the property, if to be found in their county, and keep the same subject to further orders of the court, is known as a writ of _____.
Sequestration
According to the Rules of Civil Procedure, a distress warrant may be filed with a _____.
Justice of the peace
According to the Rules of Civil Procedure, a citation may normally be served on any day except a _____.
Sunday
According to the Property Code, a writ instructing the tenant and all persons claiming under the tenant to leave the premises immediately is a writ of _____.
Possession
According to the Alcoholic Beverage Code, a mixed beverage permittee may normally sell and offer for sale mixed beverages between the hours of _____ on any day except Sunday.
7 a.m. and midnight
According to the Health and Safety Code, a substance that has an addiction-forming or addiction-sustaining liability similar to morphine or is capable of conversion into a drug having addiction-forming or addiction-sustaining liability is classified as a/an _____.
Opiate
According to the Health and Safety Code, inhalant paraphernalia seized as a result of an offense is subject to _____.
summary forfeiture
The major classifications of drugs include narcotics, depressants, stimulants, and _____.
hallucinogens
According to the Health and Safety Code, _____ means a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance.
immediate precursor
According to the Family Code, the taking of a child into custody is not considered a/an _____ except for the purpose of determining the validity of a search.
arrest
When may a child be fingerprinted when taken into custody?
for conduct that constitutes a felony or misdemeanor punishable by confinement in jail
According to the Family Code, a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult is a _____.
status offender
A peace officer taking a juvenile into custody may dispose of the case without referral to the juvenile court if _____.
the officer is following the guidelines of his her department
According to the Family Code, the duty of a parent to support his or her child exists while the child is a/an _____.
unemancipated minor
According to the Family Code, _____ means the adult with whom the child resides.
custodian
According to the Family Code, a child may be detained in a juvenile processing office only for _____.
the issuance of warninigs to the child
According to the Family Code, a child is defined as a person who is at least _____ years of age and under 17 years of age.
10
According to the Family Code, the absence of a child on three or more days or parts of days within a four-week period from school is _____.
Conduct indicating a need for supervision
Field notes give an officer the advantage of being able to _____.
provide more details in reports and testimony
Brief notations concerning specific events and circumstances that are recorded while fresh in the officer's mind and used to prepare a report are _____.
interview tactics
Chronological reports organize information by _____.
when each thing happened
That degree of influence the officer must exert over the violator to take him or her safely into custody is known as ____.
force
_____ are obstacles to effective communication, and officers should try to eliminate them if possible.
constraints
Which of the following is one of the helpful tools used in verbal persuasion?
empathy
One of the tools an officer uses to maintain a psychological and physical edge is _____.
demonstrated alertness
The good faith defense for an officer is enhanced when following the _____ of the department.
written directives
A police supervisor has a/an _____ duty to intervene to stop officers who are engaging in excessive force in their presence.
affirmative
Which of the following is NOT a consideration used by the courts to determine if unreasonable force was used?
area in which offense occurred
When two officers are interviewing one subject, the second officer's position should be______.
to the right or left ahead of the primary officer
Which of the following is a force option?
professional presence
Weaponless strategies include _____.
verbal communication
Which of the following is considered a risk factor in the physical process of arrest?
officer's equipment
Justification of baton use includes _____.
physical stature of offender
Which court case dealt with warning shots?
Jones v. Wittenberg University
The Commission requires a minimum of _____ rounds for basic handgun qualification.
50
. The minimum firearms qualification is established at what percentage of the total possible score?
70
Research has shown that an effective way to improve one's skill in problem solving is to work in small groups, think aloud, and _____.
learn from each other
It is important to be aware of one's _____, so that one can double check decisions to ensure accurate and fair decision-making.
biases
Characteristics of the police subculture are _____.
secrecy and solidarity
Within in the traditional police service model, most decisions are made at the management and mid-management level with little _____ involvement.
Citizen
Prevention of crime is the soundest of all _____ theories.
patrol
All of the following are persistent symptoms of increased arousal in post traumatic stress disorder except _____.
difficulty concentrating
Which of the following is not one of the elements of a victim's reaction to crime?
recoil
To prevent the disqualification of family violence victims from receiving crime victim compensation, officers should arrest the _____ instead of arresting both parties when responding to family violence calls.
Primary aggressor
According to the Health and Safety Code, before a peace officer may take a person believed to be mentally ill into custody without a warrant, the officer's belief must be based on all of the following except _____.
request of a person
Which of the following is NOT a necessary duty when conducting a preliminary investigation?
Release evidence to the property owner
Causation is the link between the ________ and the ________.
act - harmful result
A person may not be convicted of any offense committed when younger than 15 years of age.
T or F
False
Habitation includes all of the following except:
any structure or enclosure designed specifically and only for commercial use
Effective consent means:
consent by a person legally authorized to act for the owner
A person commits arson if they start a fire or explosion with the intent to destroy or damage a ______, ______, or _______.
habitation, building, vehicle, Habitation, building, vehicle
f the pecuniary loss due to damage is less than $20, or causes substantial inconvenience to others, the offense is:
Criminal Mischief (Class C)
What is the primary difference between robbery and theft?
the use or attempted use of force
What type of entry is necessary in the offense of burglary?
the intrusion of any part of the body, or any physical object attached to the body
John Holmes enters a residence without the effective consent of the owner to steal $75 worth of X-Rated video cassettes. What offense has Holmes committed?
Burglary (2nd degree felony)
Which of the following is not a club?
A. blackjack
B. nightstick
C.tomahawk
D.all of the above are considered a club
A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with?
Unlawful Carrying Weapons
A person agrees with one or more persons to commit a felony; plus an overt act by one or more of them in pursuance of the agreement is committed. This constitutes:
Criminal Conspiracy
A person who intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse, may be charged with what grade of assault?
Misdemeanor (Class A)
Which of the following is the lowest culpable mental state required if none is prescribed?
Recklessly
Physical pain, illness, or any impairment of physical condition is the definition of which of the following terms? (According to section 1.07 of the Texas Penal Code)
Bodily injury
A person commits an offense if, with intent to prevent or disrupt a lawful meeting, he obstructs or interferes with the meeting by physical action or verbal utterance. What offense has been committed?
Disrupting Meeting or Proceeding
A person commits this offense if he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense.
Criminal Attempt
Habitation includes all of the following except
any structure or enclosure designed specifically and only for commercial use
Proof of a higher degree of culpability than that charged constitutes proof of the culpability needed for conviction of the offense charged.
T
All persons are presumed to be innocent until proven guilty, and no person may be convicted of an offense unless each element of the offense is proven. The burden of proof required for a conviction is:
Proof beyond a reasonable doubt
The form of criminal homicide normally occurring during a fit of blind rage or sudden passion is:
Murder
A person who recklessly causes the death of an individual may be charged with:
Manslaughter
Allan is drunk and driving a motor vehicle. He strikes Tiny Tim, killing Tim, as Tim is tiptoeing through the intersection of Tulip & Vine. Allan may be charged with:
Intoxication Manslaughter
Which of the following would not constitute Capital Murder (assuming a person commits murder as defined in the Penal Code)?
Murder during the commission of felony criminal mischief
Elwood Blues' brother, Jake, has a warrant out for his arrest for robbery. Elwood, being the good brother that he is, calls Jake at his girlfriend's home to warn him that the police are on their way over to arrest Jake. What offense, if any, has occurred?
Hindering Apprehension or Prosecution
A person who pays a witness to go to Miami on the day the witness was legally summoned to court proceedings in Beaumont may be charged with:
Witness tampering
It is a violation of the Penal Code to assist a person who is attempting to commit suicide?
true
When a person causes the penetration of the anus or female sexual organ of another person who is not the spouse of the actor by any means, without that person's consent, they have committed the offense of:
Sexual assault
A person who recklessly causes the death of an individual may be charged with:
manslaughter
Joe abducts the son of the District Court judge. Joe calls the judge, the boy speaks with his daddy, then Joe says "Just think of what could happen if Harry Smith (Joe's brother) is convicted in your court." Joe then releases the boy unhurt at a church. The most serious offense is:
Agg kidnapping
A person may not be convicted of any offense committed when younger than 15 years of age.
false
A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with?
Unlawful Carrying Weapons
A person commits this offense if he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense.
criminal attempt
Mr. Bill decides to break into a hardware store. He forces his way into the building and begins to collect items he intends to take. Officer Hand arrives and captures Mr. Bill, who also has a handgun in his belt. Mr. Bill did not have the effective consent of the owner (Mr. Sluggo) to be in the store. The most serious offense Bill may be charged in court with is
Burglary (State Jail Felony)
Short barrel firearm means a rifle with a barrel less than _______ inches or a shotgun barrel length of less than ________ inches.
16/18
____________________ means three or more persons having a common identifying sign or symbol, or who are regularly associated in the commission of criminal activities.
criminal street gang
Mr. A decides to rob a store. Acting with intent to commit the offense, A points a pistol at the store owner and fires. The owner dies as a result of Mr. A shooting him. Mr. A may be charged with:
Capitol murder
A person who fails to perform an act commits an offense if:
There was a statutory duty to act
A convicted felon may never possess a firearm.
true
____________ means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance.
firearm
Proof of a higher degree of culpability than that charged constitutes proof of the culpability needed for conviction of the offense charged.
true
Habitation includes
-a structure adapted for overnight accommodation of a person
-a vehicle adapted for overnight accommodation of a person
-each separately secure, or occupied, portion of a structure or building
Which of the following would not constitute Capital Murder (assuming a person commits murder as defined in the Penal Code)?
Murder during the commission of felony criminal mischief
A person who recklessly causes the death of an individual may be charged with:
manslaughter
lwood Blues' brother, Jake, has a warrant out for his arrest for robbery. Elwood, being the good brother that he is, calls Jake at his girlfriend's home to warn him that the police are on their way over to arrest Jake. What offense, if any, has occurred?
Hindering Apprehension or Prosecution
A person who has custody, care, or control of a child younger than ______ years commits an offense if he or she intentionally abandons the child in any place under circumstances that expose a child to an unreasonable risk of harm.
15
Romeo gives Juliet (an adult) an aphrodisiac - a drug which stimulates sexual desires - without her knowledge. Juliet is so overwhelmed that she has sexual intercourse with Romeo even though she had always refused his advances before. Romeo may be charged with
Sexual Assault
Which of the following offenses is punishable by the death penalty?
A person pays another person to kill a business partner
Rod walks into the "Friendly Tavern" (premise licensed to sell alcoholic beverages) with a 10" Bowie knife strapped to his side. Rod is not a peace officer or a member of the military. Rod should be charged with:
Unlawful Carrying Weapon (3rd Degree Felony)
Which of the following is not a prohibited weapon?
knife with blade of 10 inches
A person commits the offense of Unlawful Carrying Weapon if he intentionally, knowingly, or recklessly carries on or about his person a __________, __________, or __________. Which of the following would not be used to fill in these blanks?
short barrell firerm
If, without the effective consent of the owner, one remains concealed in a business after closing hours and burglarizes the coin machines therein for $85 in coins, what is the highest offense he is guilty of?
Burglary (State Jail Felony)
When one "ought to be aware" of an unjustifiable risk and fails to perceive such risk, his mental state is best described as:
Criminal Negligence
Which of the following is the lowest culpable mental state required if none is prescribed?
Recklessly
Which of the following may cause an offense of robbery to be upgraded to aggravated robbery?
Uses or exhibits a deadly weapon
Sally sunbathes topless on a public beach. Numerous people are aroused, and some are even offended. Sally's only intent was to obtain the best suntan she could. Sally may be charged with
no offense has occurred
If the loss due to theft is less than $500 but $50 or more, the grade of theft would be:
Class B Misdemeanor
Mack intentionally strikes Sam in the head and shoulders with a nightstick. The incident took place in the jail where Mack was booking Sam in. Sam did nothing to provoke Mack except speak poorly about Mack's family heritage. What offense has occurred?
Violation of Civil Rights of Prisoner
Vic, the local salesman, refuses to leave a residence after being informed to leave by the owner. Vic is arrested for Criminal Trespass. What penalty group would this fall under?
Misdemeanor Class A
Eddie Murphy shoplifts a video cassette of "Beverly Hills Cop" worth $18.50. While trying to leave the store where the theft occurred, Murphy is confronted by Billy, the store security guard. Murphy strikes Billy in the face, knocking him to the ground and causing Billy to suffer a black eye. Murphy then runs to the parking lot where he is apprehended by Serge, the other security guard. Murphy should be charged with what offense?
robbery
A person agrees with one or more persons to commit a felony; plus an overt act by one or more of them in pursuance of the agreement is committed. This constitutes
criminal conspiracy
Which of the following statements is not correct about a "Criminal Episode".
A defendant found guilty in a consolidated prosecution will have the penalties set at the discretion of the presiding judge
A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with?
Unlawful Carrying Weapons
If the pecuniary loss due to damage is less than $20, or causes substantial inconvenience to others, the offense is:
Criminal Mischief (Class C)
Which of the following is not a prohibited weapon?
illegal knife
A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence causes serious bodily injury, disfigurement, or bodily injury to a child ______ years of age or younger.
14
Which one of the following is not an element of proof for the offense of murder?
causing the death of an individual in sudden passion arising from adequate cause
A person acts __________ if with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
intentionally
All crimes must have an actus reus (act) and mens reus (mental state)
True
A person has committed the offense of _________ if he intentionally causes bodily injury to a person he knows is a peace officer who is effecting an arrest or search.
assault
Which of the following is not one of the prepatory offenses
Criminal responsibility
Bob pats Sweet Thing on the rump. Bob knows she might be a little offended but is surprised when she slaps him silly. Bob's actions might result in what charge being filed (Sweet Thing suffered no pain or injury).
Assault class c
If the loss due to theft is less than $500 but $20 or more, the grade of theft would be:
Class B Misdemeanor
C.B. knowingly carries on the front seat of his car a switch blade knife. C.B. should be charged with
Possession of Prohibited Weapon
physical fitness
(1.1.1) The condition of the body that enables an individual to use his or her body in activities requiring strength, muscular endurance, cardiovascular endurance, flexibility, coordination, agility power, balance, speed, and accuracy, without undue experience of fatigue and exhaustion is the definition of
Wellness
(1.1.1) That condition of the human organism that consists of its health and disease status and risk potential.
Wellness
(1.1.1) ______________ is defined by TCLEOSE as that condition of the human organism that consists of its health and disease status and risk potential. There are varying degrees of wellness, ranging from death to optimal well being. Genuine health is not just the absence of disease or infirmity, it is a state of positive well being. It induces the physical, mental, spiritual, and social emotional dimensions of life. Total well being translates into the practice of positive lifestyle behaviors and good health habits.
Functional and health related fitness; and motor fitness
Physical fitness can be divided into two categories which are
Functional/health related
Specifically, in regards to the "two categories of physical fitness" which of the following is more important?
Death
Wellness ranges from optimum health to..
Regular Exercise and Proper Nutrition
The BPOC list the following six specific factors that make up the "Wellness Pyramid." Which of the following factors make up the foundation on which the Wellness Pyramid is built?
Self-Responsibility
The BPOC list the following six specific factors that make up the "Wellness Pyramid." Which of the factors make up the "cap" that holds down all the other areas in the pyramid?
Frequency, Intensity, Time, and Type
In the BPOC, "FITT" is the acronym for a set of guidelines to assist in incorporating the exercise guidelines to a personal fitness program. Which of the following are the set of guidelines that correctly match this acronym?
Stress
(1.3.1) The BPOC defines "________" as the natural reaction of the mind and body to a demand placed on it - pleasant o unpleasant.
Eustress
(1.3.1) The BPOC defines "_________" as a stressor that is perceived as positive such as a promotion, getting married or achieving an accomplishment.
Distress
(1.3.1) The BPOC describes "_________" as a stressor that is perceived as negative such as an injury, illness, divorce or being fired.
Chronic stress
(1.3.1) "_____________" is defined as prolonged unrelieved stress also called cumulative stress. Prolonged unrelieved wear and tear results from too many demands. An extreme example of this is burnout when a person loses energy and interest because of unrelieved stress.
Critical Incident Stress
(1.3.1) The BPOC uses the acronym "CIS". What does this stand for?
CIS
(1.3.1) "_______" is incident specific. This is heavy-duty stress that causes psychological and physical discomfort for 2 days to 1 month. It is considered "normal" response to an abnormal extreme situation.
True
(1.3.1) Post traumatic stress disorder (PTSD) creates major distress & long lasting disruptive changes in person's life. This is not "normal" stress and may need professional help. Is this True or False?
Stressor
(1.3.2) A "_______" is defined by the BPOC as a demand, real or imagined, that disrupts a person's equilibrium and initiates the stress response.
Critical Incident Stress (CIS)
(1.5.2) "__________" is defined by the BPOC as a traumatic event that causes a strong emotional reaction which has the potential to interfere with an individual's ability to function at the scene or later. The incident temporarily disrupts your everyday life, forces you to face death, your vulnerability, pain, severe loss, or horror (i.e. a shooting, use of force incident, heart attack or catastrophic illness.)
Denial, Anger, Bargaining, Depression, and Acceptance.
(1.5.2) The BPOC list five specific "phases of transition" that persons who experience traumatic events typically go through; i.e., a police shooting. What are the phases of transition in the correct order?
Post, Traumatic, Stress, Disorder
(1.5.2) The BPOC uses the acronym "PTSD" to stand for...
True
(1.5.2) Symptoms in PTSD are similar to Critical Stress Disorder but are more severe and persist after 1 month after the incident. Is this True or False?
False
(1.6.1) Men attempt suicide more often, women are more likely to complete suicide. Is this True or False?
300
(1.6.1) According to law enforcement statistics furnished by the BPOC, an average of 69 law enforcement officers died feloniously in the U.S each year during the 1990's but police suicides averaged more than ______ per year during that same decade.
D. Decrease risks of liver cancer, hepatitis, hypertension and diabetes.
(1.7.5) Which of the following was not specifically given by the BPOC as a symptom of steroid use?
A. Mood swings and increased aggressiveness
B. Acne
C. Voice lowering (in females)
D. Decrease risks of liver cancer, hepatitis, hypertension and diabetes.
European
(2.1.1) Policing in America has its roots in _____________ methods.
Nighttime, Daytime
(2.1.1) In early American history, the northeastern states generally had the "watch and ward" system of policing. "Watch" was ____________policing , while "ward" was ____________ policing.
His contribution to the goal of professionalizing the police
(2.1.2) August Volmer can best be remembered for:
the college or university
(2.1.2) The National Commission on Law Observance and Enforcement (Wickersham Commission) reported in 1931 "the greatest promise for the future of policing is
President's Commission on Law Enforcement and the Administration of Justice
(2.1.2) Police professionalism was an issue in the late 1960's when the "____________" stated in 1967 that, in their opinion, police personnel should have two or four years of college education. This Commission indicated that the ultimate aim of all police departments was for personnel with general enforcement powers to have baccalaureate degrees.
1836
(2.1.3) Texas became a free and independent republic after the Battle of San Jacinto in _______.
Texas Rangers
(2.1.3) Stephen F. Austin employed a militia group to protect the settlers from Indian and bandit raids. This group later became known as ____________________.
False
(2.1.3) The watch/ward system of police became prevalent in Texas because of its large territory and absence of large cities/urban areas. Is this True or False?
1965
(2.1.3) In ________ the Texas Legislature enacted legislation that created TCLEOSE.
Occupations Code
(2.1.4) The ________________ is the statutory authority for the Commission (TCLEOSE) to establish rules that law enforcement agencies and officers must follow.
Partol Rifle
(2.1.4) A "__________" is defined by TCLEOSE Rules as any magazine-fed repeating rifle with iron/open sights or with a frame mounted optical enhancing sighting device, 3 power or less, that is carried by the individual officer in an official capacity. (TCLEOSE Rule 211.1)
Precision Rifle
(2.1.4) A "___________" is defined by TCLEOSE Rules as any rifle with a frame mounted optical sighting device greater than 3 power that is carried by the individual officer in an official capacity. (TCLEOSE Rule 211.1)
30
(2.1.4) When a person that holds a TCLEOSE peace officer license is arrested, charged, or indicted for a criminal offense above the grade of Class C misdemeanor or for any Class C misdemeanor involving the duties and responsibilities of his office for family violence, that person must report such fact to the commission in writing within ______ days. (Rule 211.27)
30
(2.1.4) According to Commission Rules, if a licensee's name is changed for any reason, such as marriage, divorce, or other court action, it must be reported to the Commission within ______ days. (Rule 211.27)
18
(2.1.4) The most minimum age at which a person may ever become a peace officer in Texas is____. (Rule 217.1)
C. Any family violence offense.
(2.1.4) A person may not become a peace officer if they have ever been convicted of: (Rule 217.1)
A. Three or more of any misdemeanor crimes.
B. Any Class "C" Misdemeanor.
C. Any family violence offense.
D. None of the above
B. Have been convicted of a Class "A" Misdemeanor.
(2.1.4) A person may not become a Texas peace officer if they _______________. (Rule 217.1)
A. have not been a Texas citizen for at least one year.
B. Have been convicted of a Class "A" Misdemeanor.
C. Have been convicted of any Class "C" Misdemeanor.
D. Have not served in the U.S. Military Service.
B. Must be a Texas resident for one year
(2.1.4) Which one of the following is not a minimum standard to be permanently licensed as a peace officer in Texas? (TCLEOSE Rule 217.1)
A. Has never been convicted of any family violence offense.
B. Must be a Texas resident for one year
C. Has been interviewed prior to appointment by representatives of the appointing authority.
D. Must be a high school graduate or the equivalent
B. Must be a U.S. Citizen
(2.1.4) Which one of the following is a minimum standard to be permanently licensed as a peace officer in Texas? (TCLEOSE Rule 217.1)
A. Must be a Texas resident for at least 6 months.
B. Must be a U.S. Citizen
C. Has never been convicted of a Class "C" Misdemeanor
D. Must have at least Bachelor's degree in criminal justice
C. All persons must hold a high school diploma or have passed a general educational development (GED) test indicating high school graduation level.
(2.1.4) Which of the following statements is true concerning TCLEOSE Rule's for "minimum" educational requirement for becoming a peace officer in Texas provided the person attends a regular Basic Peace Officer Course taught at a Police Training Academy? (Rule 217.1)
A. All persons must have at least a Bachelor's Degree.
B. All persons must have at least an AAS Degree in Criminal Justice.
C. All persons must hold a high school diploma or have passed a general educational development (GED) test indicating high school graduation level.
D. All persons must have at least four years of active military service and be honorably discharged..
All persons must have at least an Associate's Degree.
(2.1.4) Which of the following statements is true concerning TCLEOSE Rule's for "minimum" educational requirement for becoming a peace officer in Texas provided the person attends an Academic Alternative to the Basic Peace Officer Course taught at a TCLEOSE approved program at a college (For example ACC)? (Rule 217.1)
A. All persons must have at least a Bachelor's Degree.
B. All persons must have at least an Associate's Degree.
C. All persons must have an honorable discharge from the military.
D. Person must have at least four years of active military service and be honorably discharged.
D. All persons must have been subjected to a background investigation and has been interviewed prior to appointment by representatives of the appointing authority.
(2.1.4) Which of the following is a minimum standard to be permanently licensed as a peace office in Texas? (Rule 217.1)
A. All persons must have at least a Bachelor's Degree
B. All persons must have at least an AAS Degree in Criminal Justice
C. All persons must have at least two years of active military service.
D. All persons must have been subjected to a background investigation and has been interviewed prior to appointment by representatives of the appointing authority.
24 Months
(2.1.4) Part of the legislatively required peace officer training must include the curricula and learning objectives developed by the commission, to include supervision issues for each peace officer appointed to their first supervisory position, this training must be completed within_____ months following the date of appointment as a supervisor. (Rule 217.11)
40, 24
(2.1.4) The legislatively required continuing education program for individual's licensed as peace officers shall consist of ______ hours of training every _______ month unit of a training cycle. (Rule 217.11)
Deputy Constable
(2.1.4) In addition to other training requirement, each ______________ is required to complete a 20 hour course of training in civil process during each current training cycle. (Rule 217.11)
May
(2.1.4) According to TCLEOSE Rules, the commission ______ take disciplinary action against a licensee for failure to complete the appropriate training within a training cycle. (Rule 217.11)
20
(2.1.4) In addition to other training requirements, each deputy constable is required to complete a _____ hour course of training in civil process during each current training cycle. (Rule 217.11)
24
(2.1.4) Part of the legislatively required peace officer training must include the curricula and learning objectives developed by the commission, to include "Supervision Issues" for each peace officer appointed to their first supervisory position, this training must be completed within ________ months following the date of appointment as a supervisor. (Rule 217.11)
40, 24
(2.1.4) TCLEOSE Rules require that individuals appointed as peace officers shall complete at least _____ hours of continuing education training and must complete a training and education program that covers recent changes to the laws of this state and of the United States pertaining to peace officers every ____ month unit of a training cycle. (TCLEOSE Rule 217.11 (a) )
2nd
(2.1.4) TCLEOSE Rule 2.17.11 states that, "a newly appointed or elected police chief shall complete the initial training program for new chiefs not later than the _____ anniversary of that individual's appointment or election as chief."
True
61. (2.1.4) TCLEOSE Rule 219.1 states that, "an eligible examinee will be allowed three opportunities to pass the examination. If an individual is dismissed from an exam for cheating, any remaining attempts are invalidated and the basic licensing course must be repeated." Is this True or False?
True
(2.1.4) Based TCLEOSE Rule 219.1, After three failures, the examinee must repeat the basic licensing course for the license sought. The academic alternative program may not be repeated. Is this True or False?
1
(2.1.4) An agency that employs at least ______ peace officers must comply with the annual firearm proficiency requirements. (Rule 217.21)
70%, 50, 5
(2.1.4) The annual firearms proficiency requirement for handguns must include a minimum passing percentage of _____% with a minimum firing of _______ rounds, including at least _____rounds of duty ammunition. (Rule 217.21)
5, 15
(2.1.4) The minimum standards for the annual firearms proficiency course of fire for shotguns shall be a minimum of _____rounds of duty ammunition fired at a range of at least _____ yards. (Rule 217.21)
20, 90
(2.1.4) The minimum standards for the annual firearms proficiency course of fire for precision rifles shall be a minimum of _____ rounds of duty ammunition fired at a range of at least 100 yards; however an agency may, in its discretion, allow a range of less than 100 yards but not less than 50 yards if the minimum passing percentage is raised to ______ percent. (Rule 217.21)
Patrol Rifles
(2.1.4) The minimum standards for the annual firearms proficiency course of fire for __________shall be a minimum of 30 rounds of duty ammunition fired at a range of at least 50 yards, including at least one timed reload; however, an agency may, in its discretion, allow a range of less than 50 yards but not less than 10 yards if the minimum passing percentage is raised to 90. (Rule 217.21)
30, 10, 25
(2.1.4) The minimum standards for the annual firearms proficiency course of fire for fully automatic weapons is a minimum of _____ rounds of duty ammunition fired at ranges from seven to ______ yards, including at least one time reload, with at least ______ rounds fired in full automatic (shot burst of two or three rounds), and at least five rounds fired semi-automatic, if possible with the weapon. (Rule 217.21)
70
(2.1.4) The minimum passing percentage shall be at least _____ for each firearm qualification unless otherwise stated in TCLEOSE Rules. (Rule 217.21)
A Commission Rule
(2.1.4) The Texas Occupation Code, Section 1701.501 gives TCLEOSE the authority to revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of:
Traditional Police Service Model of Law Enforcement
(2.1.5) Based on the BPOC, most of the workload of patrol officers and detectives under the " __________________ "consists of handling crimes that have already been committed, disturbances in progress, traffic violations , and such . Exceptions include crime prevention and narcotics investigations. This model of law enforcement relies on limited information, mostly from victims, witnesses, and suspects. Focus tends to be on one "incident" which is resolved before moving to the next "incident".
Reactive response, incident driven, use of the criminal justice system, and use of aggregate statistics
(2.1.5) What are the specific characteristics the BPOC stated to describe the "Traditional Police Service Model?"
At the management and mid-management level with little citizen involvement.
(2.1.5) In the "Traditional Police Service Model" of policing, most decisions are made:
Citizen
(2.1.5) Within the traditional police service model, most decisions are made at the management and mid-management level with little ___________ involvement.
Religion
(3.1.1) According to TCLEOSE, the earliest definition of "professionalism" comes from
Profession
(3.1.1) "____________"is the occupation which one professes to be skilled in and to follow. A vocation in which professed knowledge of some branch of learning is used in its application to the affairs of others, or in the practice of an art based upon it.
A. Service to others.
(3.1.2) Which of the following was specifically listed by TCLEOSE as being a "characteristic of professionalism?"
A. Service to others.
B. Community policing.
C. Traditional policing.
D. High criminal arrest rate.
Ethical
(3.2.2) Specifically, the "__________" role is performed by being objective and ethical in personal behavior and in functioning as a representative of the criminal justice system.
A. Ethical people are born, not made.
(3.2.2) According to the BPOC, which of the following is a true statement?
A. Ethical people are born, not made.
B. Ethical people are made, not born.
C. Ethical problems are always clearly seen.
D. Peer pressures do not work for or against ethical behavior.
Objectivity
(3.2.2) The expression or use of facts without distortion by personal feelings or prejudices is the definition of __________.
Courage
(3.2.3) "_____________" is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution; bravery; valor.
A. Facing barricaded, armed suspect.
(3.2.3) Which of the following was specifically listed in the BPOC, Chapter 3, as an example of physical courage?
A. Facing barricaded, armed suspect.
B. Refusing gratuities
C. Refusing to participate in cover-up.
D. Refusing to participate in ethnic or gender based humor or practical joking, etc.
C. Refusing gratuities.
(3.2.3) Which of the following was specifically listed in the BPOC, Chapter 3, as an example of moral courage?
A. Facing barricaded, armed suspect.
B. Arresting a combative suspect.
C. Refusing gratuities.
D. None of the above
Bribery
(3.3.1) A person would commit the offense of "__________" under the PC, if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another: any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter.
Improper Influence
(3.3.1) In the PC, a person commits the crime of "________________" if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.
Intentionally subjects another to sexual harassment
(3.3.1) According to the Penal Code, a public servant acting under color of office or employment commits the offense of "Official Oppression" if the public servant _____________.
FBI
(3.3.2) What federal law enforcement agency has a special role assigned to them to investigate violations of federal statutes designed to prevent violations of civil rights of citizens by peace officers?
Federal Bureau of Investigation
(3.3.2) Investigations relating to the deprivation of civil rights under color of law are usually conducted by the _______________.
USC 241
(3.3.2) It would be a violation under "__________" (Conspiracy Against Rights) if two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured.
242
(3.3.2) United States Code (USC) _________ deals with "Deprivation of Rights Under Color of law."
Imprisonment for any term of years or life.
(3.3.2) The maximum imprisonment authorized by law for a violation of USC 242 is...
Sexual harassment
(3.3.3) In the Penal Code the definition of "_____________" would include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
Writ of Habeas Corpus
(4.1.2) "______________________" is the name given to a variety of writs, with the objective of bringing a party before a court or judge. The primary function is to release from unlawful imprisonment. The purpose of the writ is not to determine prisoner's guilt or innocence, and the only issue which it presents is whether prisoner is restrained of his liberty by due process.
Writ of Habeas Corpus
(4.1.2) The CCP defines "____________" as an order issued by a judge directed to anyone having a person in their custody, commanding them to produce such person and show why they are in custody.
Writ of Habeas Corpus
(4.1.2) The writ that is filed that seeks release from unlawful detention is called__________________.
A Writ of Habeas Corpus
(4.1.2) When a sheriff or other person holding an individual in jail or prison receives a/an ______________ from a proper court, he or she must bring the detained person before the court and show just cause why the individual is being held in custody.
A. In cases of rebellion or invasion when the public safety requires it.
(4.1.2) Based on the U.S. Constitution, the Writ of Habeas Corpus may be suspended in which of the following two conditions?
A. In cases of rebellion or invasion when the public safety requires it.
B. In cases of invasion or when ordered by the Commander of U.S Armed Forces.
C. In cases of war or when there is a level "Red" terroristic threat.
D. Never. Under the U.S Constitution the Writ of Habeas Corpus may never be suspended.
Provides procedure for election of President and Vice-president of the U.S.
(4.1.3) Article 2 of the U.S. Constitution....
Provides for the establishment and jurisdiction of the U.S. Supreme Court.
(4.1.3) Article 3 of the U.S. Constitution
Treason
(4.1.3) Article 3 of the U.S. Constitution gives "__________" as the only crime to be found in the constitution.
Freedom of Religion, Press, and Speech.
(4.1.4) The First Amendment...
B. Duran v. City of Douglas AZ.
(4.1.4) Which of the following court cases deals with freedom of speech?
A. Weeks v. United States
B. Duran v. City of Douglas AZ.
C. Chimel v. California
D. Tennessee v. Garner
Fourth Amendment
(4.1.5) The right to be free from unreasonable searches and seizures is found in the...
Fourth
(4.1.5) The ______ Amendment has been interpreted to limit the level of force that may be used by law enforcement to reasonable force. (See Tennessee v. Garner)
B. Tennessee v. Garner
(4.1.5) Which of the following U.S. Supreme Court cases has been interpreted to limit the level of force that may be used by law enforcement to reasonable force?
A. Miranda v. Arizona
B. Tennessee v. Garner
C. Mapp v. Ohio
D. Brown v. Texas
Tennessee v. Garner
(4.1.5) An area of increasing interest in recent history is under what circumstances police are allowed to use deadly force in order to arrest a fleeing felon. In the U.S. Supreme Court case "_______________", the Court announced that using deadly force to apprehend a suspect constitutes a "seizure" and is therefore protected under the Fourth Amendment.
Protects citizens from unreasonable searches and seizures
(4.1.5) The Fourth Amendment to the Constitution...
Fifth Amendment
(4.1.6) The right to be free from double jeopardy is found in the...
Fifth Amendment
(4.1.6) The _____ Amendment guarantees the right to a grand jury, prohibits double jeopardy, prohibits self-incrimination, and requires that the system must follow due-process-of-law guidelines.
Self-incrimination
(4.1.6) The 5th Amendment to the U.S. Constitution gives citizens the protection from __________.
Five
(4.1.6) Right to indictment for a capital or otherwise infamous crime is found in Amendment # ________.
Five
(4.1.6) Amendment # ______ protects a citizen from being required to be a witness against themselves in a criminal case.
Five
(4.1.6) Amendment # ______ protects a citizen's private property from being taken for public use without just compensation.
Fifth and Fourteenth
(4.1.6) The requirement that the government must act in accordance with due process of law is contained in which two amendments to the U.S. Constitution?
Fifth Amendment
The "Miranda" warning generally is related to which Constitutional amendment?
Sixth Amendment
(4.1.7) Which Amendment to the U.S. Constitution gives citizens the right to an attorney during criminal proceedings?
Sixth Amendment
(4.1.7) According to the ______________ the accused shall enjoy the right to a speedy and public trial.
Gives the right to trial, open to the public
(4.1.7) The Sixth Amendment to the U.S. Constitution __________.
Sixth Amendment
(4.1.7) Which Amendment requires that the accused have a right to be confronted with witnesses against him?
Eighth Amendment
(4.1.8) The right to be free from excessive bail and cruel and unusual punishment is contained in the
Ten
(4.1.9) Amendment # _____ states, "The enumeration in the Constitution, of certain rights, should not be construed to deny or disparage others retained by the people."
Ten
(4.1.10) Amendment # _______ states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people."
Due process of law
(4.1.11) The Fourteenth Amendment to the Constitution guarantees:
Police, courts, and corrections
(4.3.1) The "Criminal Justice System" structure includes three major components...
Civil
(4.3.3) "____________" law is that portion of the law which defines the personal and property rights of individuals; the rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings.
Criminal
(4.3.3) "____________" law which for the purpose of preventing harm to society, (a) declares what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct. It includes the definition of specific offenses and general principles of criminal responsibility. Criminal laws are commonly codified into criminal or penal codes, e.g. Texas Penal Code.
A. A civil wrong for which a remedy may be obtained
(4.3.3) Which of the following would be an example of a "tort?"
A. A civil wrong for which a remedy may be obtained
B. Criminal trespass of a habitation
C. Theft of over $500.
D. Speeding over 10 miles per hour of the speed limit
Writ of Certiorari
(4.3.4) If the U.S. Supreme Court decides to hear a case on appeal it issues a "___________________________".
Court of Criminal Appeals
(4.3.4) The highest Texas court to hear appeals of criminal cases is
Texas Supreme Court
(4.3.4) The highest Texas court to hear appeals of civil cases is
District
(4.3.4) A person commits the criminal offense of "Bribery". What Texas court would have original jurisdiction to try this case?
District
(4.3.4) A person is charged with "assault" where the defendant caused "bodily injury" to a APD officer while in the performance of his duties as a peace officer. Which Texas court has original jurisdiction to try this case?
District
(4.3.4) A person commits "kidnapping". What Texas court would have original jurisdiction to try this case?
Court of Appeals
(4.3.4) A person has been found guilty of "Theft" of property worth $650. What would be the first Texas appellate court that this case could be appealed to?
County
(4.3.4) A person has been charged for "Theft" of property worth $650. What court would have original jurisdiction to try the case?
Justice of the Peace
(4.3.4) A person has been arrested for the crime of "Theft" of property worth under $50. Which of the following state courts would have the original jurisdiction to try this case?
District
(4.3.4) A person is charged with "assault" where the defendant caused "bodily injury" to a Round Rock police officer while in the performance of his duties as a peace officer. Which Texas court has original jurisdiction to try this case?
Justice of the Peace
(4.3.4) A person is charged with "assault" where the defendant improperly touched another person. Which of the following Texas courts has original jurisdiction to try this case?
Court of Appeals
(4.3.4) A person has been found guilty of "Criminally Negligent Homicide" by a state district court in Texas. What would be the first Texas appellate court that this case could be appealed to?
District
(4.3.4) A peace officer has been charged with "Official Oppression." What Texas court has jurisdiction to try this case?
Justice of the Peace
(4.3.4) A person is charged with "speeding", a Class C Misdemeanor. Which of the following Texas court's has original jurisdiction to try this case?
County
(4.3.4) A case is tried in Justice of the Peace Court and the person is found guilty. What court could the defendant appeal this conviction to?
Court of Appeals
(4.3.4) A peace officer has been tried and convicted of "Misuse of Official Information". What would be the first court that the case may be appealed to?
County
(4.3.4) Which one of the following Texas courts ordinarily has jurisdiction to try Class "A" and "B" misdemeanors?
County Court
(4.3.4) Which of the following courts has original jurisdiction of all penal code misdemeanor cases (other than those involving official misconduct) when the fine to be imposed exceeds $500?
District
152. (4.3.4) A person is charged with a "Class B" misdemeanor crime involving official misconduct." Which Texas court is given original jurisdiction to try this case?
County
(4.3.4) A peace officer is charged with a "Class B" misdemeanor crime that does not involve official misconduct. Which Texas court is given original jurisdiction to try this case?
District
(4.3.4) A sheriff is charged with "Failure to Report Death of Prisoner." What is the first trial court that has jurisdiction to try this case?
Official Misconduct
(4.3.4) CCP Art. 3.04 defines "____________" as an offense that is an intentional or knowing violation of a law committed by a public servant while acting in an official capacity as a public servant.
Court of Criminal Appeals
(4.3.4) A person has been found guilty of "Capital Murder" by a state district court in Texas and has been sentenced to the death penalty. What would be the first Texas appellate court that this case could be appealed to?
Courts of Appeals
(4.3.4) A person has been found guilty of "Capital Murder" by a state district court in Texas and has been sentenced to life without parole. What would be the first Texas appellate court that this case could be appealed to?
Attitude
(5.1.1) "____________" is a mental position based on a person's knowledge, feelings, and experiences about someone or something influencing him/her to behave in a certain way in regard to that person or thing.
Race
(5.1.1) "___________" generally refers to groups of people with common ancestry and physical characteristics.
Ethnicity
(5.1.1) "___________" refers to shared culture and background. Members of one of these groups usually have a common ancestry and generally share language, religion, and other cultural patterns.
Prejudice
(5.1.1)"__________________" is an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts.
Ethnocentrism
(5.1.1)"________________" is the act of regarding one's culture as the center of the universe and hence as the basis for all comparisons with other cultures.
Culture
(5.1.1) "____________" is a way of thinking and acting based on tradition; i.e., learned behavior passed down from one generation to another.
Discrimination
(5.1.1) "_____________" is acting on the basis of prejudice.
Scape-goating
(5.1.1) Finding someone else to blame for one's own problems and misfortunes is known as
C. As a member of the group, the individual believes he is entitled to exclusive or prior rights in a certain area.
(5.1.1) Which of the following was specifically given by the BPOC as a basic feeling or attitude harbored by most "prejudiced" persons?
A. Feeling of inferiority
B. Feels that all people are equal.
C. As a member of the group, the individual believes he is entitled to exclusive or prior rights in a certain area.
D. None of the above
C. "To insure a trial with as little delay as is consistent with the ends of justice."
(6.1.1) In CCP 1.03 several specific "objectives" are listed for the code. Which of the following were listed?
A. "To adopt "Community Policing" techniques to improve community relations."
B. "To provide the best counsel possible for defendants."
C. "To insure a trial with as little delay as is consistent with the ends of justice."
D. "To insure that the defendant gets a partial trial."
A. In Texas a person charged with a felony has a right to be indicted by a grand jury.
(6.1.2) Which of the following statements is true concerning the grand jury?
A. In Texas a person charged with a felony has a right to be indicted by a grand jury.
B. The defendant has a constitutional right to be represented by an attorney at the grand jury.
C. The proceedings are public.
D. All of the above statements are true.
An adversarial judicial proceeding.
(6.1.2) Under the CCP, a defendant in a criminal matter is entitled to be represented by counsel in ___________ .
Inside the chambers of a grand jury room while the grand jury is conducting proceedings.
(6.1.2) Under CCP 20.011, a defendant in a criminal matter is not entitled to be represented by counsel:
C. The proceedings are secret.
(6.1.2) According to CCP 20.02, which of the following statements is true concerning the grand jury?
A. In Texas a person charged with a "Class A Misdemeanor" has a right to be indicted by a grand jury.
B. The defendant has a constitutional right to be represented by an attorney inside the chambers of the grand jury.
C. The proceedings are secret.
D. The defendant has an absolute right to appear before the grand jury.
Indigent
(6.1.2) According to CCP Art. 1.051 (b), "_______________" means a person who is not financially able to employ counsel.
The attorney representing the State, in writing and in open court, consents to the waiver.
(6.1.2) In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if...
Of any offense, other than a capital felony.
(6.1.2) A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment...
On the person's confession in open court or the testimony of two witnesses to the same overt act.
(6.1.2) Under the CCP, no person shall be convicted of treason except under the following two conditions:
Treason, felony, or breach of the peace
(6.1.2) Senators and Representatives shall, except in cases of _____________be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing for one day for every twenty miles such member may reside from the place at which the Legislature is convened.
A. Justice of the peace
(6.2.1) Which of the following officials would be classed as being a "magistrate" under Texas Law?
A. Justice of the peace
B. District Attorney
C. Chief of Police
D. Sheriff
D. State Attorney General
(6.2.1) Which of the following is not a magistrate in Texas?
A. Texas Supreme Court Judges
B. Municipal Court Judges
C. Courts of Appeals Judges
D. State Attorney General
A. Mayor
(6.2.1) Which of the following officials would be classed as being a "magistrate" under Texas Law?
A. Mayor
B. Medical examiner
C. Sheriff
D. FBI Agent
B. Officer commissioned by a Water Control and Improvement District.
(6.2.2) Which of the following is listed as a peace officer in the CCP?
A. Mayor
B. Officer commissioned by a Water Control and Improvement District.
C. Justice of the Peace
D. Secret Service Agent
B. Investigators employed by the Texas Racing Commission.
(6.2.2) Which of the following is listed as a Texas peace officer in the CCP?
A. FBI Agent.
B. Investigators employed by the Texas Racing Commission.
C. Arizona State police officer
D. Justice of the Peace
A. Probation officer
(6.2.2) Which of the following is not a Texas peace officer?
A. Probation officer
B. Deputy sheriff
C. Investigators commissioned by the attorney general under the Government Code.
D. Officers commissioned by the state fire marshal under the Government Code.
B. Officer commissioned by a Water Control and Improvement District.
(6.2.2) Which of the following is listed as a peace officer in the CCP?
A. Mayor
B. Officer commissioned by a Water Control and Improvement District.
C. Justice of the Peace
D. Secret Service Agent
An agent from Alcohol, Tobacco, and Firearms Service
(6.2.2) CCP 2.12 tells us "who are peace officers in Texas." Based on this statute, which of the following officers would not be a "peace officer" under Texas law
C. Private security officers commissioned by the Texas Private Security Board
(6.2.2) Which of the following would not be a peace officer as defined by Article 2, Code of Criminal Procedure?
A. Law enforcement agents of the Alcoholic Beverage Commission
B. Arson investigation officers of a city, county, or state
C. Private security officers commissioned by the Texas Private Security Board
D. Municipal park and recreational patrolmen
Director of the Department of Public Safety.
(6.2.2) Railroad peace officers are appointed by the:_______________.
250
(6.2.2) The director of the Department of Public Safety may appoint up to ______ railroad peace officers.
May not
(6.2.2) A railroad peace officer _______ issue a traffic citation.
Is not entitled
(6.2.2) A railroad peace officer __________ to state benefits normally provided by the state to a peace officer.
Shall
(6.2.3) According to the CCP, whenever a peace officer meets with resistance in discharging any duty imposed on him by law, he _______ summon a sufficient number of citizens of his county to overcome the resistance.
No "crime" has occured
(6.2.3) As an officer, you may order a person to assist you in making an arrest. What penal code offense, if any, was committed if the person refuses your command?
A civil fine of not less than $10 or more than $200.
(6.2.3) If a peace officer refuses to execute a legal process directed to him or her by the court, he or she is liable for
Sheriff
(6.2.3) CCP Article 2.18 requires that when a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the ______________.
Page 3 Slide 3
Legal Constrains on the use of force by law enforcement are based on
practical considerations unique to each circumstances
Page 3 Slide 3
There are two types of case law_and_
Statutory Common Law
Statutory Law is Defined as
Law that is written or set down by a legislature.
Common Law is Defined as
also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals
Page 4 Slide 1
What is a holding?
A holding is a "yes" or "no answer to the issues raised in a case.
Page 4 Slide 1
What does holding mean?
A holding only answers the questions raised. It does not normally determine guilt, constitutionality, or fault, that is left to the judge or jury.
Page 4 Slide 2
One case_be applied_cases in all instances
cannot all
Page 4 Slide 2
The_are paramount regarding to use-of-force
Totality of Circumstances
Page 5 Slide 3 APD Policy Manual 200.1.1
Force(APD)
Any physical contact with a person by an employee using the body or any object, device, or weapon, not including un-resisted escorting or handcuffing a subject.
Page 6 Slide 1
Reasonable or Necessary Force
Is the minimum amount of lawful aggression sufficient to achieve a legitimate law enforcement objective.
Page 6 Slide 1
Less Lethal Force
All force other than deadly force
Page 6 Slide 1
Deadly Force
Is defined as force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing death or serious bodily injury.
Page 6 Slide 1
Excessive Force
That force utilized by police officers which is "clearly excessive to the need."
Page 6 Slide 2
Summary Judgement
A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial.
Page 6 Slide 3
Qualified Immunity
Police officers performing a discretionary function enjoy an immunity that shields them from liability in federal court for civil damages.
Page 6 Slide 3
Qualified Immunity can be null and void if
the officers' conduct violates a federal statutory or constitutional right
the right was clearly established at the time ofthe conduct
an objectively reasonable officer would have understood that the conduct violated that right
Page 6 Slide 3
It is the_burden to overcome qualified immunity
Plaintiff's
Page 7 Slide 2
Official Immunity is the_to "qualified immunity."
State's answer
Page 7 Slide 2
The burden is on the_to establish "official immunity" in state court
Officer
Page 7 Slide 3
To obtain summary judgement on the basis of official immunity, an officer must establish he was
Performing discretioary duties
Within scope of his authority
acting in good faith
If an officer is given qualified immunity in federal court, the court always grants immunity from any state claims named in the suit. T/F
False
The plaintiff may initiate_civil rights claims in_court.
federal state
The state (APD) has _ day to remove a suit to federal court
30
Page 8 Slide 2 State Civil Trials
During State Court it may be preferred by civilian plaintiffs when police are defendants...
That there is a Travis County judge/jury pool
Verdict rule is 5/6 jurors
Appealed to Texas Supreme Court
Page 8 Slide 2 State Civil Trials
Unless the suit outlines a constiutional violation, there is a cap of_per person or_per incident._max liability for individual officers.
250,000 500,000 100,000
Page 8 Slide 3 Federal Trials
During Federal Court it may be preferred by police defendants...
Jury pool drawn from a much broader area, to include Hayes, Williamson, Lee, Bastrop and Caldwell
Vedicts must be unanimous
Appeals go to the U.S 5th Circuit
No cap
What are the legal Authorities for the Use of Force?
Federal Constitution (4th,8th and 14th amendement)
State Criminal Laws
State Civil Laws
Department Policies
What are citizens' remedies regarding police use-of-force?
Federal laws
State Criminal Laws(Texas Penal Code, CCP)
State Civil Laws (Texas Tort Claims Act, Texas Wrongful death act)
Possible things that can happen to you because use of excessive or improper force?
State criminal action
Internal Disciplinary action
State tort Civil Action
Federal Civil Action
Compensatory Damages
Monetary award which purpose is to compensate the victim for actual financial loss.
Punitive Damages
Damages meant to punish, deter, or make an example of the individual officer.
Must be shown that the act was done with malice, gross negligence, or callous indifference
Injunctive Relief
Court order to cease or engage in a particular course of action.
Some Types of Damages awarded in court include...
Compensatory, Punitive and Injuctive Relief
Contributory negligence
the government shows the plaintiff was also negligent and contributed to their own injury or damage. No money award is granted if his defense is successful.
Comparative negligence
the court decides on a percentage split in terms of who is negligent.
Assumption of risk
the court decides that the suspect engaged in behaviors that assumed the risk of damages or injuries, and cannot expect to sue the police to recover.
Some defenses Law enforcement has to liability are...
Contributory negligence, Comparative negligence and Assumption risk
Who is the lead federal agency for investigating color of law abuses?
FBI
Working under "Color of Law" means
Performing actions as a law enforcement agent
Force as defined by Black's Law...
Power, violence, or pressure directed against a person or thing.
Force defined as a noun is...
Strength or energy brought to bear, cause of motion or change, active power, moral or mental strength, capacity to persuade or convince.
Violence, compulsion, or constraint exerted upon person or thing
The qDeuality of conveying impressions intensely in writing or speech.
Force defined as a verb is...
To do violence to; To compel by physical, moral, or intellectual means; To make or cause through natural or logical necessity; To achieve or win by strength in a struggle or violence; An aggressive act committed by any person which does not amount to assault, and is necessary to accomplish an objective.
Deadly Force is defined by the Penal Code 9.01 as...
Force that is intended or known by the actor to cause, or in the manner of it's use or intended use is capable of causing death or serious bodily injury.
Reasonable Force is Defined by black law as...
Force that is not excessive and that is appropriate for protecting oneself or one's property. The use of reasonable force will not render a person criminally or toruously liable.
Reasonable or Necessary force
Is the amount of lawful physical coercion sufficient to achieve a legitmate law enforcement objective and is objectively reasonable under the facts, circumstances and alternatives confronting an officer at the time action is taken
CCP 15.24 What Force may be Used
In making an arrest,_are permitted to be used to effect it._, however, shall be resorted to than is necessary to secure the arrest and detention of the accused
all reasonable means No greater force
PC 9.02 Justification As a Defense
It is a defense to prosecution that conduct in question is justified under this chapter
PC 9.03 Confinement as justifiable Force
Confinement is justified when_this chapter if the actor takes_to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.
force is justified by reasonable measures
PC 9.04 Threats as Justifiable force
The threat of force is justified_is justified by this chapter. For purposes of this section, a threat to cause death or seriously bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is__
when the use of force limited to creating an apprehension that he will use deadly for if necessar, does not constitute the use of deadly force.
PC 9.05 Reckless Injury of Innocent Third Person
Even though an actor is justified under this chapter in threatening or using force or deadly for against another, if in doing so he also_or_, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.
recklessy injure kills an innocent third person
PC 9.06 Civil Remedies Unaffected
The fact that conduct is justified under this chapter does not_or_any remedy for the conduct that is available in a civil suit.
abolish impair
PC 9.21 Public Duty
The use of deadly force is not justified under section 9.21 Public Duty unless the actor_the deadly force is specifically required by statute or unless it occurs in the lawful_.If deadly force is so justified, there is_before using it.
reasonably believes conduct of war no duty of retreat
PC 9.22 Necessity
Conduct is justified if the actor reasonably believes the conduct is_to avoid_.
immediately necessary imminent harm
PC 9.22 Neccessity
Conduct is justified if the desirability and urgency of avoiding the harm_, according to ordinary standards or reasonableness, the harm sought to be prevented by the law proscribing the conduct.
clearly outweigh
PC 9.31 Self-Defense
A person is justified in using force against another when and to the degree the actor_the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.
reasonably believes
PC 9.31 Self-Defense
A person is justified in using force if_and with_, or was attempting to enter unlawfully and with force, the actor's occupied_,_,or_or_.
unlawfully forced entered habitation,vehicle,place of business employment
PC 9.31 Self-Defense
A person is justified in using force if unlawfully and with force_, or was attempting to remove unlawfully and with force, the actor from the actor's_,_or_or_.
removed habitation, vehicle, place of business, employment
PC 9.31 Self-Defense
The use of force against another is not justified
in response to verbal provocation alone;
to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified.
PC 9.31 Self-defense
The use of force to resist an arrest or search is justified if
before the actor offers any resistance the peace officer uses or attempts to use greater force than necessary to make the arrest or search
PC 9.32 Deadly Force
A person is justified to in using deadly force against another
To protecct the actor against the other's se or attempted use of unlawful deadly force;
to prevent the other's imminet commission of aggravated kidnapping, murder, sexaul assault, aggravated sexual assault, robbery, or aggravated robbery.
PC 9.33 Defense of Third Person
A person is justified in using_or_against another to protect a third person
force deadly force
PC 9.33 Defense of Third Person
A person is justified in using force or deadly force against another to protect a third person if
the actor reasonably believes that his intervention is immediately necessary to protect the third person
PC 9.34 Protection of Life or Health
A person is justified in using force, but not_, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.
deadly force
PC 9.34 Protection of Life or Health
A person is justified in using both force and deadly force against another when and to the degree he reasonably belives the force or deadly force is immediately necessary to_the other's life in an_
Perserve emergency
PC 9.41 Protection of One's Own Property
A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor_the force is immediately necessary to_or_the other trespass on the land or unlawful interference with the property
reasonably believes prevent terminate
PC 9.42 Deadly Force to Protect Property
A person is justified in using deadly Force against another to protect land or tangible, movable property to prevent the others imminent commission or arson, burglary, robbery, aggravated robbery, theft during the
night time, or criminal mischief during the night time or to prevent the other who is fleeing from those crimes during the night time; the land or property cannot be protected or recovered by any other means
PC 9.43 Protection of Third Person's property
A person is justified in using force or deadly force to protect a third party property if
the actor believes that the third person has requested his protection of the land or property; he has a legal duty to protect the thir person's land or property; the third person whose land or propety he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actors' care.
P.C 9.61 Parent-Child
The use of force, but_, against a child younger than_years old is justified.
not deadly force 18
P.C 9.61 Parent-Child
Loco Parentis includes...
grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child and anyone who has express or implied consent of the parent or parents.
P.C 9.62 Educator-Student
The use of force but not deadly force, against a person is justified
if the actor is entrusted with the care, supervision, or adminstration of the person for a special purpose; and when and to the the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group
Custody means
under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States or Under restraint by an agent or employee of a facility that is operated by or under contract with the united Statest and that confines persons arrested for, charged with, or convicted of criminal offenses
Escape means
unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parloe other than conditions that impose a period of confinement in a secure correctional facility.
P.C 9.52 Prevention of Escape from Custody
It is justified to use_,including_,the he reasonably believes to be immediately necessary to prevent the escape of a person form the correctional facility
any force deadly force
P.C 9.53 Maintaining Security in Correctional Facility
An officer or employee of a correctional facility is justified in using_against a person in custody to_the security of the correctional facility.
force maintain
Defensive is defined as
Serving to protect and devoted to resisting or preventing aggression or attack
In physical arrest, the police role is essentially
Defensive
Most of an officer's problems grow out of the use of_employed against a_but_violator
necessary force combative unarmed
Concept of Control
Control is that degree of_the officer must exert over the_to take him or her safely into custody
influence violator
What is the goal of force?
To Gain Control
Control is a_. An officer must be in_to be able to control a violator
two way street complete self-control
Self-control is a great asset in dealing with a violator and results from the development of_in one's skills
confidence
Self control is achieved through_and_both on the job and off
training practice
The objective of using control is to_from the violator
elicit cooperation
Tools used to maintain a psychological and physical edge...
Demonstrated alertness
Be emotionally in control
Personal apperance and bearing
If possible, maintain a height advantage
Triangle interview
Be over an arms length from subject
Be prepared to step back
Talking vs Fighting
Arrest can be both an_and_for the officer and arrestee
emotional physical problem
Emotions, Attitudes, and Prejudices
_or_can lead to conflict
Attitudes prejudices
Emotions, Attitudes, and Prejudices
An officer has the_to_and_associated with physical arrest if she/he if firm but fair with the violator
potential reduce the problem and danger
Emotions, Attitudes, and Prejudices
Emotional responses are often the direct result of_
uncertainity
Emotions, Attitudes, and Prejudices
Compensating behavior mmay take one of the following forms;
hesitation, verbal abuse, bluff, unnecessary force
Use of Force Factors
Only the_amount of force necessary to effecct the arrest should be used
minimum
An officer should consider what factors when assessing the need to use force?
Is the suspect submitting peacefully or resisting?
Is the suspect armed?
What is the nature of the crime?
Does the suspect have a previous arrest record or history showing a pattern of violence?
What is the number of suspects involved?
How much support from other officers is avalable?...These are all questions that should be asked when_
Assessing the need to use force
What are moral considerations and forces affecting an officers decision to use deadly force?
The law, both statutory and case law and Adminstrative or department policy.
Informal organizational norms, which reflect law enforcement's informal culture, may or may not be more strict than legal or agency restrictions and Individual choices or conscience reflecting the inner controls of the officer are examples of_
Moral considerations and forces affecting an officers decision to use deadly force
What are the levels of resistance?
Verbal non-compliance
Passive Resistant
Defensive Resistant
Aggressively Resistant
Deadly Resistant
Prepatory Resistant
An officer told Winn to put his hands behind his back. Winn response was I don't want to put my hands behind my back. What level of resistance is he?
Verbal Non-Compliance
An officer told In-Guy-En that he had to leave Wal-mart's property. He laid on the sales floor limp and had to drugged off. What level of resistance is he?
Passive Resistant
An officer told Tomlinson to place his hands behind his back. Tomlinson said, "NO!" and begin to walk away. The officer grabbed his arm and Tomlinson snatched away. What level of resistance is he?
Defensive Resistant
An officer told York to place his hands behind his back. York said, "NO!" and begin to walk away. The officer grabbed his arm and York snatched away and kicked the officer in his leg. What level of resistance is he?
Aggressively Resistant
An officer told Cadenas to get out of his car and Cadenas pulled a gun out and shot a round. What level of resistance is he?
Deadly Resistant
An officer told Moran that he need to talk to him about a shooting and asked him to come over to talk to him. Moran bladed his body, clinched his fist and begin to look around the area. Moran actions resembles what type of resistance.
Prepatory Resistant
A Suspect who is not resistant means
Suspects who follow all commands and are compliant. Only a law enforcement officer's presence and verbal commands are required when dealing with these individuals; no coercive physical contact is necessary.
Verbal Non-Compliance means
Verbal responses indicating unwillingness to cooperate or threats
Defensive Resistant means
physical actions by a subject which attempt to prevent the officer's control.
Defensive Resistant is the most_type of resistance encountered by police
common
The_must be considered when choosing which level of force is necessary to control the situation and prevent unnecessary harm
totality of the circumstances
Aggressively Resistant means
A Suspect takes offensive action by attempting to strike, throw, tackle or physically harm the officer or another person.
If a officer feels threatened by the suspect's actions, to defend himself, the officer must respond with _to stop the attack
appropriate force
Deadly resistant means
A suspect that takes offensive action attempting to seriously injure or kill the officer or another person if immediate action is not taken to stop the threat.
Prepatory Resistant means
A suspect is preparing to offer greater resistance or launch an attack through behavioral cue.
Force continums originated in law in the
1980's
Force continums were law enforcement's best effort at answering the difficult question_
What is justifiable or reasonable force
DRRM stands for
Dynamic Response to Resistance Model
During Passive Resistance an officer can
Use a firm grip, Control holds and Pressure Points
During Defensive Resistance an officer can
use Soft empty hand to hard intermediate weapons
During Aggrressive Reistance an officer can
use Personal weapons like OC spray, baton and CED's.
During Deadly Resistance an officer can
use Firearms and any and all tools
A training model/philosophy that supports the progressive and reasonable escalation and deesclation of officer-applied force in proportional response to the actions and level of resistance offered by a subject.
DRRM
The DRRM is based upon the principle that_seek no resistance.
apd officers
The DRRM accurately focuses the analysis on the_and better reflects the actual events that cause a police-citizen_confrontation.
resistor
Ineffective control results when the level of force is_the subject's level of resistance.
Less Than
Excessive control results when the level of force is_the level reasonable.
Unreasonable greater
The force should be_a reasonable officer would use under the_of the situation
no greater than totality of the circumstances
Officers must be able to respond to the possible change in the_.The victime/suspects_could change toward the officer.
dynamics of the scene actions
People act differently under different_, and officers' entrances into a scene create_ set of_.
circumstances new circumstances
_of an officer's duties involve verbal skills
97%
only about _ of contacts require physical force
3%
Force Options
Professional Presence
Entering into a scene
Force Options
Verbal Communications
Words, language
Force Options
Weaponless strategies
takedowns, come a longs, etc
Force Options
Weapons Strategies
Chemical/Electrical Means(mace,stun gun); Baton or Impact Weapons
Force Options
Deadly Force
Firearm
Example of Force Options
Professional Presence
Verbal Communications
Weaponless strategies
Deadly Force
Elements of Communication include
Content, Voice and non verbal
_of the time a message is received due to content
7%
_of the time a message is received due to voice
33%
_of the time a message is recieved due to non-verbal(body language)
60%
Communication is a_
professional skill,not just luck.
Elements that an officer Must recognize and control in every encounter includes
Problem, Audience, Constraints, Ethical Presence
What are some helpful tools used in redirecting someone's behavior using verbal persuasion
Listen,Empathize and ask
What are some types of verbal appeals
Ethical Appeal, Rational Appeal, Practical Appeal, Personal Appeal
Words are no longer Working...
When a person threatens bodily harm to an officer or the general public, and officers control is comprised.
Some examples of when words are no longer working are...
When a suspect begins walking or running away, or when a person escapes from custody.
When an officer is forced to repeat the same words or ideas over and over, the officer should conclude that the person is not being persuaded
When repeated refusal by a person to comply with a reasonable request constitutes a need for more than words
When a person is unreceptive to alternatives after repeated appeals
What are the different levels of awareness
Condition White
Condition Yelllow
Condition Orange
Condition Red
Condition Black
No preception of danger defines what condition of awareness
White
Relaxed Awareness defines what condition of awareness
Yellow
On alert defines what condition of awareness
Orange
Combat ready defines what condition of awareness
Red
psychological shutdown defines what condition of awareness
Black
Police Stress
Some causes of police stress include
High level of stressful calls
Post shooting trauma
Isolation
Bringing personal problems to work
Police Stress
What are some methods you can use to control stress?
Remain calm
Appear strong and confident
Don't let them push your buttons
Speak clearly with your response or commands
Life is_of what happens to you and_of how you deal with it
10% and 90%
Harrasment of a Public Servant is what level offense
Felony 3rd Degree
What are some ways to restrained a spitting suspect..
Try to use spitting mask or suspect shirt
Use a palm/forearm strike to deflect spitting and redirecting face
The act of spitting at an officer is an_
assault
To use Deadly force, the subject must show
intent
weapon
delivery system
Federal Civil rights complaints are investigated by_
FBI
FBI look for clearly offensive,_and_misconduct
deliberate willful
There is no good faith defense for_
criminal violations
Objective reasonableness is determined by_
the officer's ability to articulate the facts and circumstances
Ward and Watch System
Ward - Daytime
Watch - Nightime
Common in northeastern states, but failed in Texas due to large territory and absence of large cities/urban areas.
1900's to 1940's
The use of the automobile provided a more rapid response to police calls for service.
The advent of radio communications allowed calls for service to be dispatched to officers in the field.
Many officers were reassigned from walking beats to radio cars.
The assignment of officers from walking beats initiated the distancing of the police from the individual citizens through increased mobility.
1900's to 1940's
The police performance level increased due to rapid response, while actual communications with citizens decreased.
The absence of quality evaluation was prevalent throughout the period.
During this era, law enforcement personnel (especially the "beat officers") were known by the citizens in the areas in which they worked.
This relationship created a bond that made the officer feel an ownership of his work area. The community also felt a more personal relationship with their officer(s
The National Commission on Law Observance and Enforcement (Wickersham Commission)
stated "the greatest promise for the future of policing is the college or university."
The National Advisory Commission on Criminal Justice Standards and Goals (NAC) of 1973
Police still had low educational requirements. The NAC cited the recommendations of the 1967 commission and established minimum entry-level requirements. The immediate educational standard was to be one year of college. The educational standard increase was to continue by requiring two years of college by 1975, three years of college by 1978, and a baccalaureate degree by 1982. A study was done in 1986 of entry-level educational requirements to determine which of the NAC's goals had been met. The responding 289 agencies reported that 0.9% had no minimum educational requirement, 84.8% had a high school or G.E.D. requirement, and 0.6% required a four-year baccalaureate degree.
From 1980 through Today
In a 1999 Texas Commission on Law Enforcement Officer Standards and Education survey, 16.8% of the 65,203 peace officer licensees in Texas had at least a baccalaureate degree, while only 10% of the 738 responding agencies required college hours.
An operator may not stop, stand, park in certain places, except when picking up/discharging a passenger:
within 15 feet of a fire hydrant
An operator may not stop, stand, park in certain places, except when picking up/discharging a passenger:
within 20 feet of a crosswalk
An operator may not stop, stand, park in certain places, except when picking up/discharging a passenger:
within 30 feet of a traffic-control signal
An operator may not stop, stand, park in certain places, except when picking up/discharging a passenger:
within 20 feet of the driveway entrance to a fire station, and 75 feet from the side opposite the entrance
Overnight Parking of Commercial Motor Vehicle in or Near Residential Subdivision
Residential subdivision is in a country with at least 220,000 population, can't park a commercial MV between hours of 10PM and 6AM
30 miles per hour
In an urban district on a street other than an alley
15 miles per hour
In an alley
70 miles per hour (daytime)
On a highway numbered by this state of the United States outside an urban district, including farm-to-market or ranch-to-market roads
65 miles per hour (nighttime)
On a highway numbered by this state of the United States outside an urban district, including farm-to-market or ranch-to-market roads
60 miles per hour
Outside an urban district if the speed limit is not otherwise specified
60 miles per hour (outside urban district)
School bus that passed the commercial vehicle inspection and traveling on a numbered highway
50 miles per hour (outside urban district)
school bus that has not passed commercial vehicle inspection or traveling on a highway not numbered by this state or the US
60 miles per hour (daytime, outside urban district)
If vehicle is a truck, other than a light truck, or has any kind of trailer
55 miles per hour (nighttime outside urban district)
If vehicle is a truck, other than a light truck, or has any kind of trailer
35 miles per hour
Speed limit of a motor-driven cycle at night unless the cycle is equipped with a headlamp or lamps that reveal a person/vehicle 300 feet ahead
10 miles per hour
Speed limit of a vehicle equipped with solid rubber or cushion tires
Speed limit exception for emergencies/Municipal Regulation
a physician/ambulance responding to an emergency call
An ambulance
A municipality by ordinance may regulate the speed of:
an emergency medical services vehicle
A municipality by ordinance may regulate the speed of:
an authorized vehicle operated by a blood or tissue bank
A municipality by ordinance may regulate the speed of:
Property Areas/Metropolitan Areas
means an area that:(1) contains at least one municipality with a population of at least 100,000; and (2) includes the adjacent municipalities and unincorporated urban districts. (Austin is one)
Residence Districts
means the territory, other than a business district, adjacent to and including a highway, if at least 300 feet of the highway frontage is primarily improved with: (A) residences; or (B) buildings used for business purposes and residences.
Sec. 547.002. APPLICABILITY.
Unless a provision is specifically made applicable, this chapter and the rules of the department adopted under this chapter do not apply to: (1) an implement of husbandry; (2) road machinery; 3) a road roller; (4) a farm tractor;(5) a bicycle, a bicyclist, or bicycle equipment; (6) an electric bicycle, an electric bicyclist, or electric bicycle equipment; or (7) a golf cart that is operated only as authorized by Section 551.403.
Sec. 547.303. COLOR REQUIREMENTS.
(a) Unless expressly provided otherwise, a lighting device or reflector mounted on the rear of a vehicle must be or reflect red.

(b) A signaling device mounted on the rear of a vehicle may be red, amber, or yellow.
Sec. 547.305. RESTRICTIONS ON USE OF LIGHTS.
(a) A motor vehicle lamp or illuminating device, other than a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle or school bus warning lamp, that projects a beam with an intensity brighter than 300 candlepower shall be directed so that no part of the high-intensity portion of the beam strikes the roadway at a distance of more than 75 feet from the vehicle.
Sec. 547.321. HEADLAMPS REQUIRED.
(a) A motor vehicle shall be equipped with at least two headlamps.

(b) At least one headlamp shall be mounted on each side of the front of the vehicle.

(c) Each headlamp shall be mounted at a height from 24 to 54 inches.
Sec. 547.322. TAILLAMPS REQUIRED.
at least two taillamps. unless model year 1960 then one taillamp.

(c) Taillamps shall be mounted on the rear of the vehicle:
(1) at a height from 15 to 72 inches; and
red light plainly visible at a distance of 1,000 feet from the rear of the vehicle.

A taillamp emit a white light that illuminates the rear license plate at a distance of 50 feet
Sec. 547.323. STOPLAMPS REQUIRED.
at least two stoplamps unless model year 1960 then one stoplamp.

mounted on the rear of the vehicle emit a red or amber light, or a color between red and amber, that is: visible in normal sunlight at a distance of at least 300 feet from the rear, displayed when the vehicle service brake is applied.
Sec. 547.324. TURN SIGNAL LAMPS REQUIRED.
turn signal lamps that indicate the operator's intent to turn by displaying flashing lights to the front and rear of a vehicle--shall be mounted at the same level and spaced as widely apart as practicable on the front and on the rear of the vehicle; and shall emit a white or amber light, or a color between white and amber, at the front of the vehicle and a red or amber light, or a color between red and amber, if on the rear of the vehicle. Visible from at least 500 feet from the front and rear of the vehicle if the vehicle is at least 80 inches wide; and at least 300 feet from the front and rear of the vehicle if the vehicle is less than 80 inches wide.
Turning on Curve or Crest of grade. 545.102
When making a u-turn the operator may not make the turn if his vehicle is not visible from 500 feet in either direction to an operator of an approaching vehicle.
House Trailor
Trailer or semi-trailer other than a towable RV and is less than 40 feet in length
Light Truck
A truck including a Pickup truck with a carrying capacity of 2000 pounds or less
Moped
Motor driven cycle that goes less than 30 mph and engine has 50 cc or less displacement and doesn't require shifting of the gears.
Motorcylcle
Vehicle equiped with a saddle and not more than 3 wheels on the ground.
Motor-driven cycle
Has engine displacement 250 cc or less
Motor vehicle
Self propelled vehicle or electric vehicle powered by overhead trolley wires.
Passenger Car
Vehicle other than a motorcycle to transport 10 or fewer passengers including the operator.
Pole Trailor
A vehicle without motive power. Drawn by another vehicle and secured to the other vehicle by a pole.
Road Tractor
Vehicle designed and used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicles load.
School Activity Bus
A bus designed to accommodate more than 15 passengers including the operator to and from school activities. Term does not include a chartered bus.
Semitrailer
With or without motive power other than a pole trailer. Constructed so than part of its load rest on or is carried by another vehicle.
Special Mobile Equipment
Not designed to transport passengers. Term includes Ditch digging apparatus, road construction and maintenance machinery, ect.
Trailer
Vehicle other than a pole trailer with or without motive power. Constructed so that no part of the vehicles weight rest on the motor vehicle.
Truck
Vehicle designed to transport property.
Truck Tractor
Vehicle designed to to draw another vehicle but NOT constructed to carry a load other that a part of the weight of the other vehicle and its load.
Vehicle
A Device that can be used to transport or draw persons or property on a highway. Does not include stationary rails or tracks.
General Penalty [TC 542.401]
A person convicted of an offense that is a misdemeanor under this subtitle for which another penalty is not provided shall be punished by a fine of not less than $1 or more than $200
Obedience Required to Police Officers and to School Crossing Guards [TC 542.501]
A person may not willfully fail or refuse to comply with a lawful order or direction of a police officer or a school crossing guard
traffic
pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel
freeway
divided, controlled-access highway for through traffic
freeway main lane
freeway lane having an uninterrupted flow through traffic
highway or street
width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel
improved shoulder
paved shoulder
laned roadway
roadway that is divided into at least two clearly marked lanes for vehicular travel
limited-access or controlled-access highway
highway or roadway to which: 1) persons, including owners or occupants of abutting real property, have no right of access and, 2) access by persons to enter or exit the highway or roadway is restricted under law except at a place and in the manner determined by the authority that has jurisdiction over the highway or roadway
private road or driveway
privately owned way or place used for vehicular travel and used only by the owner and the persons who have the owner's express or implied permission
ramp
an interconnecting roadway of a traffic interchange, or a connecting roadway between highways at different levels or between parallel highways, that allows a vehicle to enter or exit a roadway
roadway
the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately
safety zone
area in a roadway officially desginated for exclusive pedestrian use and that is protected or so marked or indicated by adequate signs as to be plainly visible at all times while so desginated
school crossing zone
reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time reduced speed limit applies
school crosswalk
a crosswalk designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school
shoulder
portion of the highway that is: 1) adjacent to thte roadway 2) designed or ordinarily used for parking 3) distinguished from the roadway by different design, construction, or marking, and 4) not intended for normal vehicular travel
sidewalk
portion of a street that is: 1) between a curb or lateral line of a roadway and the adjacent property line; and 2) intended for pedestrian use
through highway
highway or portion of a highway on which: 1) vehicular traffic is given preferential right-of-way; and 2) vehicular traffic entering from an intersecting highway is required by law to yield right-of-way in compliance with an official traffi-control device
intersection
the common area at the junction of two higways, other than the junction of an alley and a highway the dimensions of an intersection include only the common area: 1) within the connection of the lateral curb lines or, in the absence of curb lines, the lateral boundary lines of the roadways of intersecting highways that join at approximate right angles; or 2) ath the place where vehicles could collide if traveling on roadways of intersecting highways that join at any angle other than an approximate right angle 3) each junction of each roadway of a highway that includes two roadways at least 30 feet apart with the roadway of an intersecting highway, including each roadway of an intersecting highway that includes two roadways at least 30 feet apart, is a separate intersection
official traffic control device
a sign, signal, marking, or device that is: 1) consistent with this subtitle, 2) placed or erected by a public body or officer having jurisdiction; and 3) used to regulate, warn, or guide traffic
traffic-control signal
a manual, electric, or mechanical device that alternately directs traffic to stop and proceed
Sec. 521.201 License Ineligibility in General
The department may not issue any license to a person who: (1) is under 15 years of age; (2) is under 18 years of age unless the person complies with the requirements imposed by Section 521.204; (3) is shown to be addicted to the use of alcohol, a controlled substance, or another drug that renders a person incapable of driving; (4) holds a driver's license issued by this state or another state or country that is revoked, canceled, or under suspension; (5) has been determined by a judgment of a court to be totally incapacitated or incapacitated to act as the operator of a motor vehicle unless the person has, by the date of the license application, been: (A) restored to capacity by judicial decree: or (B) released from a hospital for the mentally incapacitated on a certificate by the superintendent or administrator of the hospital that the person has regained capacity; (6) the department determines to be afflicted with a mental or physical disability or disease that prevents the person from exercising reasonable and ordinary control over a motor vehicle
Sec. 521.203 Restrictions on Class A and B Licenses
The department may not issue a Class A or Class B driver's license to a person who: (1) is under 17 years of age; (2) is under 18 years of age unless the person has completed a driver training course approved by the Central Education Agency; or (3) has not provided the department with an affidavit, on a form prescribed by the department, that states that no vehicle that the person will drive that requires a Class A or Class B license is a commercial motor vehicle as defined by Section 522.003.
Sec. 521.204 Restrictions on Minor
(a) The department may issue a Class C driver's license to an applicant under 18 years of age only if the applicant: (1) is 16 years of age or older; (2) has submitted a driver education certificate that states that the person has completed and pass a driver education course; (3) has obtained a high school diploma or equivalent or is a student
Operator approaching railroad grade
Not closer than 15 or greater than 50 ft
Park or Parking
to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers
stand or standing
to halt an occupied or unoccupied vehicle, other than temporarity while receiving or discharging passengers
stop or stopping
(A) when required, to completely cease movement; and (B) when prohibited, to halt, including momentarily halting, an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic control sign or signal
Safety Belts Offense
A person commits than offense if the person is at least 15 years of age, is riding in a passenger vehicle while the vehicle is being operated; is occupying a seat that is equipped with a safety belt; and allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt.
Auxiliary passing lamps
A motor vehicle may be equipped with no more than two auxiliary passing lamps. Mounted on front at height from 24 to 42 inches.
Auxiliary driving lamps permitted
A motor vehicle may be equipped with no more than two auxiliary driving lamps. Mounted on front at height from 16 to 42 inches.
Hazard lamps permitted
Lamps to warn other vehicle operators of a vehicular traffic hazard. Mounted same level on front and rear. Visibility 500 feet in normal sunlight. White or amber light mounted on front, and red and amber mounted on rear.
Other lamps permitted
A motor vehicle may be equipped with NOT more than two side cowl or fender lamps; amber and white light without glare. Not more than two running board courtesy lamps, one on each side of vehicle; amber and white light without glare.
Multiple-beam lighting required
A combination of lamps mounted on a motor vehicle, other than motorcycle or motor-driven cycle: shall be arrranged so that the operator can select at will between distibutions of light projected at different elevations.
Obstructed lights on combination vehicles
A motor vehicle when operated in combination with another vehicle is NOT required to display a lighted lamp, other than a tail lamp, if the lamp is obscured by another vehicle.
Lighting equipment on projecting loads
A vehicle transporting a load that extends beyond the vehicle's sides or more than four feet beyond the vehicle's rear shall display red flags that: are at least 12 inch squares, mark the extremities of the load, and are placed where a lamp is required.
Lighting requirements on parked vehicles
Shall be equipped with at least one lamp; emits white or amber light visible at a distance of 1,000 feet from the front and a red light visible at a distance of 1,000 feet from the rear. Display lights not required at night if sufficient light to reveal a person or vehicle on the highway at a distance of 1,000 feet.
Brakes required
A motor vehicle, trailer, semitrailer, pole trailer, or combination of those vehicles shall be equipped with brakes. Trailer, semitrailer, or pole trailer, are not required to have brakes if: gross weight is 4,500 pounds or less, or gross weight is heavier than 4,500 pounds but not heavier than 15,000 pounds drawn at speeds no more than 30mph.
547.605 Emission Systems Required
A motor vehicle, of a model year after 1967, shall be equipped with an emissions system. Must be in good working order. Offense committed when vehicle emits visible smoke for 10 seconds or longer or a cloud of smoke which takes longer than 10 seconds to dissipate.
547.613 Restrictions on Windows
Materials applied or attached to windows must not obstruct operator's view. Material cannot alter the color or reduce light transmission. Does not apply to windshields with a light transmission of 25% or more or a luminous reflectance of 25% or less AND that is not red, blue, or amber. Also, does not apply if it does not extend downward beyond the AS-1 line or more than 5 inches from the top of the windshield.
547.703 Additional equipment for slow moving vehicles
Must display a slow moving vehicle emblem w/ a reflective surface designed to be visible in daylight or night from the light of standard automobile headlamps at a distance of at least 500 ft. Must be mounted on the rear of a vehicle at a height from 3 to 5 ft above road surface. Golf cart operated at a speed of less than 25 mph is required to display emblem when operated on a public highway.
547.801 Motorcycle Lighting Equipment
Not more than 2 headlamps mounted at a height of 24-54 inches, at least one of which must be illuminated during anytime of operation. At least one taillamp mounted at a height of 20-72 inches. Illuminated rear license plate. At least one stop lamp. At least one rear red reflector (may be included as part of taillamp). Motorcycle headlamp must be multi-beam- highbeam revealing person/vehicle at least 300 ft ahead, low beam at least 150 ft. A Motordriven cycle must at least have a single beam light revealing person/vehicle at a distance of 100ft when operated at speeds less than 25mph; 200 ft when 25mph or more; 300 ft when 35mph or more.
Supervisor must receive training within
24 months after the date of appointment
Mack strikes Sam in the head while booking him into jail because Sam insults Mack's family heritage. What crime has occurred by Mack?
Official Oppression, Class A Misd.
TC 545.302 - Stopping Standing or parking prohibited in certain places: between a safety zone and a curb or within ___________ of a place on the curb immediately opposite the ends of a safety zone, unless the governing body of a municipality designates a different length by sign or markings.
30 feet
The Sixth Amendment to the Constitution establishes
the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed

to be informed of the nature and cause of the accusation

to be confronted with the witnesses against him

to have compulsory process for obtaining witnesses in his favor

to have the Assistance of Counsel for his defense.
Personal Injury means
an injury to any part of the human body and that requires treatment (traffic code).
TC 541.201 Truck Tractor means a motor vehicle designed and used primarily to draw another vehicle
but not constructed to carry a load other than a part of the weight of the other vehicle and its load.
Shotgun legal length limit
<18 inches
10.3.2 TCLEOSE: A sheriff or officer who receives a subpoena and fails from neglect to execute the document may be subject to a maximum fine of
$200
Turn signal lamps in normal sunlight must be able to be seen from
500 feet
Lawsuit to contest election of political official should be in _______ court.
district
A report of child abuse may not be filed with
the family physician
Tanker endorsement on a CDL is
N
Mirrors must allow a view of
200 feet
For a rifle proficiency course of fire ___ rounds of duty ammunition fired at a range of at least ____ yards
30 rounds, 50 yards
Safety seat required for children under ____ yoa, or until they are over 4 ft. 9 inches.
8 yoa
The dept. may issue a special restricted class M license that authorizes the holder to operate a motorcycle less than 250 cc piston displacement if they are ___ yoa or older, but under ___ yoa.
15, and 18
The term separate property refers to the property of a
single adult
Murder during the commission of the following is capital murder:
kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat. The person murders an individual under six years of age.
Election of Sheriff are set out in
Art. 5 Section 23. Constable are set in Art. 5 Section 18 (JPs, Constables, County Commissioners)
When do you need a warrant to search an open field
when it meets the curtiledge test
Objectives of the Code of Criminal Procedures
1. To adopt measures for preventing the commission of crime;

2. To exclude the offender from all hope of escape;

3. To insure a trial with as little delay as is consistent with the ends of justice;

4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;

5. To insure a fair and impartial trial; and

6. The certain execution of the sentence of the law when declared.
Attitude is an organized an relatively unchanging combination of a person's knowledge and feelings about someone or something that influences him to behave in a certain way in regard to that person or things.
...
A person who pays a witness not to testify is guilty of
Witness Tampering
On a 2-way roadway no vehicle shall be driven on the left side of the roadway between _______ feet of an intersection, bridge, or tunnel in an incorporated city.
100 feet.
A warrant for property constituting evidence may not be signed by a
justice of the peace
US vs. Carroll established exigency for probable cause to search a vehicle's trunk.
Probable cause, or exigency. Car - rolls.
Sell drug paraphernalia to a person younger than 18 yoa (must be 3 years younger than the actor)
State Jail Felony
SARA Model
Scanning, Analyzing, Responding, Assess
A ________ is the written statement filed and presented in behalf of the State by the district or county attorney charging the defendant with an offense which may by law be so prosecuted
information
writ of sequestration
A written order of the court directed to the sheriff or constable to take possession of the property in dispute and preserve it for the adjudged owner.
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Police officers performing discretionary functions have immunity shielding from civil damages according to ____________ .
Milstead v Kibler
Established objective reasonableness for the use of force, based on the perspective of an officer on the scene rather than with 20-20 vision of hindsight.
Graham v. Connor
established 3 keys to understanding objective reasonableness:
1. Is the suspect an immediate threat to the officer or others?
2. Is the suspect actively resisting or evading seizure.
3. What is the severity of the crime at issue?
Graham v. Connor
_________________ established that some force may be used against an individual being interrogated by the police so long as the use of such force is not "unreasonable or excessive."
Ware v. Reed
__________________ established that a supervisor may be liable for acts of subordinate, even where the supervisor had no direct involvement if the supervisor failed to document and take corrective action for prior similar acts of misconduct.
Shaw v. Stroud
A Harris County Deputy Sheriff was present during the beating of a burglary suspect, who was in custody, by a county constable that resulted in the man's death. The court held that the deputy was guilty of Violation of Civil Rights of Prisioner.
Gordon v. State
____________________ established that pointing a gun to a suspects head during an investigation can be a 4th amendment violation when the suspect poses no threat or danger.
Robinson v. Solano County
This case established that government officials that perform discretionary functions have qualified immunity if their conduct does not violate clearly established rights of which a reasonable officer would have known. Requires an affirmative defense.
Okonkwo v. Fernandez
Established that confessions obtained under threat of removal from office could not be used in subsequent criminal proceedings.
Garrity v. New Jersey
Established a two step approach to civil law suits. 1. Establish if there was a constitutional violation. 2. Determine if police officer has qualified immunity. If the police action falls within the gray area, immunity should be given.
Saucier v. Katz
Addresses the Saucier v. Katz gray area to allow courts to look at what case and state law allowed at the time the police officer actions occurred.
Brosseau v. Haugen
Expectation of Privacy
Katz vs. US (Katz Call) A persons right to privacy exists when 1. a person exhibits actual expectation of privacy (subjective) and 2. The expectation must be one that society is willing to accept as reasonable. (objective)
Terry v. Ohio
Landmark ruling that a police officer can detain without arrest, and frisk for officer safety when there is reasonable suspicion that a crime is about to be committed. Court rules that detention is a seizure, and frisk is a search, but is allowable since they are temporary and limited in scope, respectively.
Brower v. Inyo County
Seizure occurs when government termination of a person's movement is effected through means intentionally applied.
California v. Hodari
In order for a seizure to have occurred there must either be some application of physical force, even if extremely slight, or a show of authority to which the subject yields.
Exclusionary Rule
Mapp v. Ohio: Supreme court decision set the judicially established rule that prohibits the use of tangible evidence obtained in violation of the 4th amendment in court. (Tangible: you can touch a map)
Fruit of the Poisonous Tree
Wong Sun vs. US established that intangible evidence obtained after illegal government action will also be excluded from evidence. This includes physical/tangible as well as intangibles such as subsequent confessions, admissions, identifications, and testimony obtained as a result of the initial unlawful act. (Intangible: You can't touch the sun).
"good faith" exception
US vs. Leon says that the exclusionary rule should be modified so as not to bar the admission of evidence seized in reasonable, good-faith reliance on a search warrant that was subsequently held to be defective. (Upheld in Herring vs. US)
"plain view" doctrine
The rule, from the Supreme Court decision in Harris v. U.S, that anything a police officer sees in plain view, when that officer has the right to be where he or she is, is not the product of a search and is therefore admissible as evidence. So with plain view you can seize the item without a warrant. Definition of plain view: Object falling in plain view of officer who has the right to be in position to have that view are subject to seizure without a warrant and may be introduced in evidence.
Miranda v. Arizona
The Supreme Court ruling that the guarantee of due process requires that suspects in the police custody be informed that they have the right to remain silent, that anything they say be be used against them, and that they have the right to counsel--before any questioning can permissibly take place. 5th Amend. If a subject is in custody and interrogation is going to take place, Miranda Warning/Rights are required to be recited.
protective sweep doctrine
The rule that when police officers execute an arrest on or outside private premises, they may conduct an examination of the entire premises, without warrant, for other persons whose presence may pose a danger to their safety or to evidence capable of being removed or destroyed.
judicial review
the questioning of police investigation and apprehension that are subject to procedural rules dictated by law and constitutional rights.
Standing
The right of a person to complain in court about hte lawfulness of a police action (arrest, detention, search, frisk)
Berguis v. Thompkins
A defendant's invocation of his right to silence must be unambiguous (without question). Suspect should have affirmatively invoked his right to remain silent.
Montejo v. Louisiana
No reason to distinguish, for the purposes of a suspect waiving their rights, a represented individual from an unrepresented one (no attorney). For each a Miranda warning adequately inform the individual of their right to counsel.
Binding Authority
Court case law that must be taken into account (set by a court in the appellate chain for the court it binds).
Persuasive Authority
Court case law that may be taken into effect (from same level court, or a court not in the same circuit/region/district).
Stare Decisis
When a point of law has been settled by decision of the highest court of the state the decision becomes the law of the state, and shall not be departed from.
Oregon v. Haas
A state is free to impose greater restrictions on police than those of federal constitutional standards.
Heitman v. Texas
The court of criminal appeals will not be bound by the US Supreme Court when addressing 4th amendment issues. The federal constitution sets the floor for individual rights; state constitutions establish the ceiling.
Ramirez v. Texas
May constitute custody: "physically derived of freedom of action in any significant way" or "When a law-enforcement officer tells the subject he cannot leave"
US v. Mendenhall
to determine whether an arrest has taken place, a court will apply an objective standard, focusing on the reasonable impression conveyed to the person subjected to the apprehension and detention. In this respect, the inquiry is whether, in the view of all the circumstances surrounding the encounter a reasonable person would have believed that he was not free to leave.
Rhodes v. Texas
Handcuffing of suspect during detention for safety was reasonable and justified and did not convert to arrest.
Stansbury v. CA
traffic stop doesn't constitute custody for Miranda purposes. However noncustodial custody can turn into custodial custody because the situation escalates. Consider Intent, Authority, Seize and detain, understanding of the individual being arrested. The mere denial of intent to arrest by the officer will usually be insufficient.
Florida v. Royer
Consensual Encounters okay -- says LEOs don't violate the 4th amendment by merely approaching an individual on the street or in another public place by asking them if they are willing to answer some questions. Must be voluntary.
Crain v. Texas
The nature and tone of the way the officers talks to the person matters in whether the interaction is a consensual encounter.
Georgia v. Randolph
Husband / Wife -- can't give consent for areas where normally they would not have unrestricted access.
Consent searches
freely and voluntarily given
Stegald v. US
Entry may be forced for arrest warrant only if being executed at the residence where the person named in the arrest warrant lives.
Reasonable Suspicion
Specific articulable facts which, in light of an officer's experience and general knowledge, taken together with rational inferences from those facts, would reasonably warrant an intrusion on a citizen.
Illinois v. Wardlow
Flight is not necessarily indicative of ongoing criminal activity, however a defendants unprovoked flight from officers in areas of heavy narcotics trafficking supports reasonable suspicion that may be involved in criminal activity and justifies a stop.
Guzman v. Texas
P.C. for arrest deals with probabilities; it requires more than mere suspicion, but far less evidence than that needed to support conviction or even that needed to support finding by preponderance of evidence. Totality of the circumstances was cited in court's decision.
Aguilar v. Texas (and Illinois v. Gates)
Established a two prong test for search warrants that require a: 1. A credible source, 2. A reliable base of knowledge. This decision was overturned with Illinois v. Gates which held that even though an anonymous tip might not be a credible source, that when detailed facts of innocent activities are corroborated, then P.C. for a warrant may exist.
Probable Cause
A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. At the moment of arrest probable cause ceases to build.
Exigent Circumstances
Situations that demand unusual or immediate action in the course of a criminal investigation. Refers generally to situations in which law enforcement agents will be unable or unlikely to effect an arrest, search or seizure for which PC exists unless they act swiftly and without seeking prior judicial authorization.
Scope of Search
Means the area authorized by a particular search or the limitations of a particular type of search or object.
Constructive Custody
Understanding on behalf of the subject being arrested that he is arrested without any physical control being demonstrated by the officer. The individual submits.
Restraint (from CCP 11.22)
By restraint is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
Elements used to build PC
High crime rate area, time of day or night, location, furtive act, abnormal demeanor, officer's own knowledge of facts and circumstances.
Elements for Temporary Detention (Elements required for detaining)
Reasonable suspicion that some activity out of the ordinary is or has taken place. Some connection of the detained with the suspicious activity. Some indication the suspicious activity is related to a specfiic offense.
Brown v. Texas
Established that failure to ID cannot be an offense during a detention. The suspect can refuse ID request while detained. A person cannot be required to ID even if stop is lawful. You may orally command the person to remain for a reasonable length of time that can be satisfactorily accounted for, while actively involved in the investigation at hand. You may take the person with you to check out a possible crime scene.
Baity v. Texas
Affirmed Terry v. Ohio Detention and Frisk provisions (at CCA state level).
Armstrong v. Texas
Illegal stop and arrest. Consent to search given after arrest and the court concluded that under these circumstances the evidence was seized through exploitation of the illegal stop rather than by means sufficient to remove the primary taint.
Adams v. Williams
Reasonable suspicion of r a stop and frisk need not be based only upon an officer's personal observations but may also be based on information supplied by another person. Under these circumstances, a police officer's action in reaching the spot where the gun was thought to be hidden constituted a limited and reasonable intrusion designed to insure the officer's safety.
Ohio v. Robinette
An investigative detention must be temp. and last no longer that is necessary to effect the purpose of the stop unless additional suspicious activity is found o justify the prolonged detention.
US v. Arvizu
In making reasonable-suspicion determinations, reviewing courts must look at the "totality of the circumstances" of each case to see whether the detaining officer has a "particularized and objective basis" for suspecting legal wrongdoing. This process allows officers to draw on their own experiences and specialized training to make inferences from and deductions about the cumulative information available.
Hurtado v. Texas
Originally stopped because tag came back with possible warrant for driver. It wasn't the driver, but court said stop was good and subsequent cocaine discovery was prosecuted.
Hoag v. State
Mere suspicion that criminal activity is afoot is insufficient to justify a Terry stop; facts must support reasonable suspicion that:
3 Prong Test:
1. Reasonable suspicion that some activity out of the ordinary is or has taken place.
2. Some connection of the detained with the suspicious activity.
3. Some indication the suspicious activity is related to a specific offense.
Gordon v. State
Can not cuff someone and place them in car while executing a search of their house
Florida v. J.L.
Call for service alone does not justify detention
Minnesota v. Dickerson
Plain Feel: Must be there legally, must immediately recognize contraband, & must not manipulate
Chimel v. California
Incident to arrest an officer may search the person and the "area within the immediate control"
U.S. v. Edwards
Allows the search of arrested individuals away from the scene of arrest
U.S. v. Robinson
Scope of the search of a person incident to arrest is for evidence of a crime, means of escape, & weapons
U.S. v. Chadwick
subject incident to arrest has to take place at the time & place of arrest
Lippert v. TX
Being close to others does not alone give PC to search you
US v. Finley
Can search a phone for recent calls & text messages
Carroll v. US
Do not need a warrant to search a vehicle b/c it being "readily mobile" constitutes exigent circumstances.
California v. Acevedo
If searching an auto w/ PC you may search contents including locked containers
US v. McSween
The smell of marijuana gives PC to search
US v. Reed
Because a vehicle smells like marijuana does not necessarily mean a person smells like marijuana
Wyoming v. Houghton
If searching a vehicle w/ PC you may search all containers in the vehicle, regardless of who the owner is
New York v. Belton
Search of a vehicle incident to arrest is limited to the passenger compartment and includes any containers inside
Arizona v. Gant
Police may only search a vehicle incident to arrest if: The arrestee might access the vehicle @ the time of search, or the vehicle contains evidence of the offense he was arrested for.
Knowles v. Iowa
May not search incident to citation, a custody arrest must occur
Michigan v. Long
Allows protective search of a vehicle
Florida v. Jimeno
The scope of a suspect's consent is that of "objective reasonableness" based on the conversation between the officer and the suspect
US v. Garcia
The search of hidden compartments during a consent search is reasonable
Colorado v. Bertine
Officers may open closed containers during inventory In Accordance W/ standard police procedures
Florida v. Wells
Inventory must not be a ruse for a general rummaging
US v. Bonner
All passengers are also detained in a traffic stop
Arizona v. Johnson
In order to frisk driver or passenger in a traffic stop you must have RS that the person is armed and dangerous
St. George v. TX
Says you need RS to question (other than consensual questioning) passengers during a traffic stop
Hester v. US
Open field doctrine; authorizes open field searches w/o warrant
Payton v. New York
W/o exigent circumstances you can not enter a house unless you have a warrant
Illinois v. MacArthur
You can secure a person's home while waiting for a search warrant
Warden v. Hayden
May enter a place for the purpose of search and seizure if you are in fresh pursuit of a fleeing felon
US v. Howard
Factors determining if police manufactured exigency: 1. Bad faith 2. Did police intend to create exigency 3. Were LE tactics reasonable in the circumstances
Wilson v. Arkansas
Knock & announce requirement could be waved for threat of violence or possible destruction of evidence
Richards v. Wisconsin
Officers need to articulate individual reasons for knock & announce waiver
US v. Banks
No knock & announce may create damage, but it may also be necessary to prevent destruction of evidence
Muehler v. Mena
When executing a dangerous search warrant officers may handcuff individuals present until the persons pose no danger to officers
US v. Matlock
If an authorized person who is present gives consent, anyone else who has authority must be present to refuse consent
Bumper v. NC
You may not falsely tell someone you have a warrant in order to get consent
CA v. Greenwood
Garbage left out outside the curtlage does not exhibit an expectation of privacy and may be searched
There is only one crime defined dine in the U.S. Constitution. What is it?
treason
one of the major differences between the Federal Bill of Rights and the State of Texas Bill of Rights is
Texas has a section on the commitment of persons of unsound mind
An example of unreasonable seizure as defined in the 4th Amendment to the constitution would be the case of
Tennessee vs. Texas
An example of the 5th Amendment right to protection against self-incrimination is the case of
Miranda vs. Arizona
The following is NOT protected by the 6th Amendment to the Constitution
double jeopardy
The 8th Amendment to the Constitution guarantees
right against cruel or unusually punishment
The following rights is not defined by the8th Amendment to the Constitution
freedom of the press
The following is provided for the 9th Amendment to the Constitution
the numeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people
Which amendment to the constitution gives citizens the right to an attorney during criminal proceedings
6th Amendment
The 4th Amendment to the Constitution
protects citizens from unreasonable searches and seizures
_____ is the body of law concerned with the remedy of private rights
Civil Law
A municipal Court is a function of the _____ component of the Criminal Justice System.
courts
The following prescribes the punishment to be imposed for criminal conduct
criminal law
the purpose of _______ is preventing harm to society
criminal court
The U.S. Supreme Court has jurisdiction over what type of cases ?
civil and criminal
The following is not a Magistrate in Texas
State Attorney General
The following is NOT a Peace Officer in Texas
Special Agents of the Bureau of Alcohol, Tobacco, and Firearms
The following would NOT be a peace officer as defined by Art. 2, Code of Criminal Procedure
Inspectors of the U.S. Postal Service
It is the duty of every Peace Office, as established by Art. 2.14 of the Code of Criminal Procedure to
Preserve the Peace within his jurisdiction
If a peace officer summons a person to aid him, and that person refuses, the person is guilty of
No offense
The _____ is custodian of prisoners.
Sheriff
Each Sheriff shall be
Conservator of the peace
A ______ may have the same duties as the sheriff.
Deputy
The following does NOT have jurisdiction in criminal actions
the Texas Supreme Court
The _____ in each incorporated city or town shall have jurisdiction in cases involving Class "C" Misdemeanors.
Municipal Court
The following are correct statements about a search warrant
1. may ne issued to photograph a child who is alleged to be the victim of the offense of injury

2. it may order an arrest

3. may be issued to search for and seize property acquired by theft or in any other manner which makes its acquisition a peal code
You have probable cause to believe that a well known bank robber has written plans to rob a bank in his diary. You may
no search warrant can be issued
You have probable cause to believe that weapons prohibited by the Penal Code are kept in a file cabinet in the editors office of the local newspaper. You may
Obtain a search warrant and seize the weapons
The limitation for presentation of an indictment or information for any misdemeanor is
2 years
When a warrant of arrest is issued by any mayor or recorder of an incorporated town or city, it usually can be executed
in the county in which it was issued
An arrest in Texas may be made
ANYTIME
In the following statement a justice of the peace can NOT conduct an inquest into the death of a person who dies in the county served by the justice is
the person dies in a hospital or other institution and the attending physician is able to certify the cause of death
The following are objectives of the Code of Criminal Procedure
1. to adopt measures for preventing the commission of crime
2. to insure a fair and impartial trial
3. to bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acuity;
The following are true regarding Art. 6.06 of the Code of Criminal Procedure, Prevention of Injury
1. it is the peace officer's duty to prevent the commission of an offense against the person or property of another, including the person or property of the spouse

2.the peace officer may summon any number of citizens of his county to his aid

3. the peace officer may use only the force which is necessary to prevent the commission of the offense and not greater

4. it is the peace officer's duty to prevent person from injuring himself
The following is NOT a true statement regarding Art. 6.06 of the Code of Criminal Procedure, Prevention of Injury
the officer need not protect the property of the spouse since this is community property
TCLEOSE requires continuing education with in ___ months for peace officers or their license will be suspended.
TCLEOSE requires continuing education with in ___ months for peace officers or their license will be suspended.

24
Constables have to take extra classes after certification on ______ __________.
Constables have to take extra classes after certification on ______ __________.

CIVIL PROCESS
What is the number of rounds that TCLOSE mandates be fired for qualification?
What is the number of rounds that TCLOSE mandates be fired for qualification?

50
A person who sprays his youth logo across the exterior wall of a local busines could be charged with ______.
A person who sprays his youth logo across the exterior wall of a local busines could be charged with ______.


GRAFFITTI
What is metal cased with a spring and a follower that holds shells?
What is metal cased with a spring and a follower that holds shells?


MAGAZINE
When loading a shot gun, what prtect the shell after loading?
When loading a shot gun, what prtect the shell after loading?

BREECH
A train must be at least ______ feet from an intersection when it makes it's first audible alert?
A train must be at least ______ feet from an intersection when it makes it's first audible alert?

1500
What is the charge for smoking in an elevator.
What is the charge for smoking in an elevator.

SMOKING TOBACCO
Strategies of defense mechanics of an arrest / weaponless strategies:
Strategies of defense mechanics of an arrest / weaponless strategies:

TOUCHING
On a curve, you cannot pass another vehicle within ____ feet.
On a curve, you cannot pass another vehicle within ____ feet.

300
The acronym for Scanning, Analysis, Response and Assessment is SARAH.
T or F?
The acronym for Scanning, Analysis, Response and Assessment is SARAH.
T or F?

FALSE
Delinquent behavior is when __ or more days are missed in six months or 3 or more days in four weeks.
Delinquent behavior is when __ or more days are missed in six months or 3 or more days in four weeks.

10
A supervisor has an ____________ to stop unnecessary force by a police officer(s).
A supervisor has an ____________ to stop unnecessary force by a police officer(s).

AFFIRMATIVE DUTY
Who has the right to prevent theft?
Who has the right to prevent theft?

ANYONE
What is not a traffic condition?
What is not a traffic condition?

AN ACCIDENT
Being cut or agraded by a contaminated object is called what?
Being cut or agraded by a contaminated object is called what?

INJECTION
Hazard lights and turn signals are required to be visible from at least ____ feet.
Hazard lights and turn signals are required to be visible from at least ____ feet.

500
Stiffing of the body starting at the neck and lower jaw and proceeds downward is called ____________.
Stiffing of the body starting at the neck and lower jaw and proceeds downward is called ____________.

RIGOR MORTIS
Peace Officers may finger print or photograph a juvinile if conduct constitutes a felony offense or a misdemeanor offense above a class C misdemeanor.
T or F ?
Peace Officers may finger print or photograph a juvinile if conduct constitutes a felony offense or a misdemeanor offense above a class C misdemeanor.
T or F ?

TRUE
_______ court has orginal jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice of the peace court.
_______ court has orginal jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice of the peace court.

COUNTY
Taillights of a vehicle must be ____ in color and must be visible _____ feet away.
Taillights of a vehicle must be ____ in color and must be visible _____ feet away.

RED IN COLOR AND VISIBLE 1000 FEET AWAY
A written order from a magistrate directed to a peace officer or some other person specially named commanding him to take the body of the person accused of an offense to be dealt with according to law is the definition of __________.
A written order from a magistrate directed to a peace officer or some other person specially named commanding him to take the body of the person accused of an offense to be dealt with according to law is the definition of __________.

ARREST WARRANT
_________ is to intentionally or knowingly restrain another.
_________ is to intentionally or knowingly restrain another.

RESTRAIN
When cuffing two suspects with one pair of handcuffs, the appropreate way is to cuff them: ________________________.
When cuffing two suspects with one pair of handcuffs, the appropreate way is to cuff them: ________________________.

LEFT TO LEFT OR RIGHT TO RIGHT
A guy running a gabling ring can be charged with ______________________.
A guy running a gabling ring can be charged with ______________________.

GAMBLING PROMOTION
____________________ means the body of the crime.
____________________ means the body of the crime.

CORPUS DELICTI
Within _____ feet from the highway it is considered illegal dumping.
Within _____ feet from the highway it is considered illegal dumping.

300
A person is jusified in using force against another person when and to the degree he reasonably believes the force is immediately necessary to protect himself against the others use or attempted use of unlawful force is the definition of: ____________________.
A person is jusified in using force against another person when and to the degree he reasonably believes the force is immediately necessary to protect himself against the others use or attempted use of unlawful force is the definition of: ____________________.

SELF DEFENSE
A person is criminally responsible as a ______ to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.
A person is criminally responsible as a ______ to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.

PARTY
When the property which the officer is directed to search for and seize is found he shall take possession of the same and take it before the magistrate. He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate:
When the property which the officer is directed to search for and seize is found he shall take possession of the same and take it before the magistrate. He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate:

SHALL SEIZE ACCUSED AND PROPERTY (CCP 18.09)
The __________ __________ deal with felonies.
The __________ __________ deal with felonies.

DISTRICT COURT
____ is the color of reflectors on a vehicle.
____ is the color of reflectors on a vehicle.

RED
An officer may arrest a person protected by a protective order.
T or F ?
An officer may arrest a person protected by a protective order.
T or F ?

FALSE
Influences the over all stopping distance of a car:
______, _________, ______, _______, ______.
Influences the over all stopping distance of a car:
______, _________, ______, _______, ______.


SPEED, WEATHER, ROAD, VEHICLE, DRIVING
"SWRVD"
A related event that something took place is a _____ ____.
A related event that something took place is a _______ _____.

FLASH BACK
_______ means to sell, dispense, give away, or supply in any other manner.
________ means to sell, dispense, give away, or supply in any other manner.

DELIVER
The landmark case in stop and frisk was which?
The landmark case in stop and frisk was which?

TERRY vs OHIO
Protective order is good for ___ years.
Protective order is good for ___ years.

2 YRS
What term best describes a dangerous drug?
What term best describes a dangerous drug?

PRESCRIPTION DRUG
The ability to search the area within arms reach arose from what case?
The ability to search the area within arms reach arose from what case?

CHIMMEL vs CALIFORNIA
Right to an attorney arose from what court case law?
Right to an attorney arose from what court case law?

MIRANDA vs ARIZONA
When parking you must be at least ____ feet from a yield sign?
When parking you must be at least ____ feet from a yield sign?

20 FEET
1925 case relating to the searching of the trunk area of a vehicle is which case?
1925 case relating to the searching of the trunk area of a vehicle is which case?

CARROLL vs U.S.
Who founded the metropolitan police department?
Who founded the metropolitan police department?

SIR ROBERT PEEL
The Texas Rangers were established in 1823 by who?
The Texas Rangers were established in 1823 by who?

STEPHEN F AUSTIN
1979 case that requires reasonable supicion not just because you're in the wrong area and fail to identify:
1979 case that requires reasonable supicion not just because you're in the wrong area and fail to identify:

BROWNE vs TEXAS
Citizens arrest canbe made on felonies or misdemeanors.
T or F ?
Citizens arrest canbe made on felonies or misdemeanors.
T or F ?

TRUE
At what distance can you follow an emergency vehicle to a call?
At what distance can you follow an emergency vehicle to a call?

500 FEET
Use a ________ to explain any symbols used on a crime scene sketch.
Use a ________ to explain any symbols used on a crime scene sketch.

LEGEND
The presence of any chemical in the right amount may be toxic would be the definition of the ________
response.
The presence of any chemical in the right amount may be toxic would be the definition of the ________
response.

DOST RESPONSE
What is the primary reason for use of dealer tags?
What is the primary reason for use of dealer tags?

DEMONSTRATION OF VEHICLE
Important for the officer to maintain physical & emotional control in order to ensure the safety of the officer, the arrestee and the public is self control.
T or F ?
Important for the officer to maintain physical & emotional control in order to ensure the safety of the officer, the arrestee and the public is self control.
T or F ?

TRUE
The object of patrol is to ________ ___ _____.
The object of patrol is to ________ ___ _____.

PRESERVE THE PEACE
________ is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution.
________ is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution.

COURAGE
An unattended vehicle is considered abandoned after ___ hours.
An unattended vehicle is considered abandoned after ___ hours.

48 HOURS
A child is ___ to ___ years of age.
A child is ___ to ___ years of age.

10-17 YEARS OF AGE
A sentence is a group of words that expresses a ____________________.
A sentence is a group of words that expresses a ____________________.

A COMPLETE THOUGHT
An operator may not drive at a speed that is faster than ____________________ under the circumstances then existing.
An operator may not drive at a speed that is faster than ____________________ under the circumstances then existing.

REASONABLE AND PRUDENT
Two or more hookers would be what offense?
Two or more hookers would be what offense?

COMPELLING PROSTITUTION
An ___________ is the written statement filed and presented on behalf of the state by the Distric or County Attorney, charging the defendant with an offense which may by law be so prosecuted.
An ___________ is the written statement filed and presented on behalf of the state by the Distric or County Attorney, charging the defendant with an offense which may by law be so prosecuted.

INDICTMENT
The act of keeping back or withholding, by design, a person refers to detention. T or F ?
The act of keeping back or withholding, by design, a person refers to detention. T or F ?

TRUE
Person smoking in an elevator is committing what offense?
Person smoking in an elevator is committing what offense?

SMOKING TOBACCO
_______ violence is an act by an individual against another individual with whom a dating relationship exists.
_______ violence is an act by an individual against another individual with whom a dating relationship exists.

DATING
What is the name given to a veriety of writs, with the objective of bringing the party before a court or a judge. The primary function of the writs is to release a person who is being held illegally.
What is the name given to a veriety of writs, with the objective of bringing the party before a court or a judge. The primary function of the writs is to release a person who is being held illegally.

WRIT OF HABEAS CORPUS
Unauthorized departure from custody or failure to return to custody is the definition of what crime?
Unauthorized departure from custody or failure to return to custody is the definition of what crime?

ESCAPE
A person is justified in using force but not deadly force to prevent a person from committing _______.
A person is justified in using force but not deadly force to prevent a person from committing _______.

SUICIDE
The person is ______ when he has been actually placed under restraint or taken into custody.
The person is ______ when he has been actually placed under restraint or taken into custody.

ARRESTED
In baton training a weapon strike comes from a ___ degree angle.
In baton training a weapon strike comes from a ___ degree angle.

45 DEGREE
An ____________ is a written statement of a grand jury accussing a person therein named of some act or omission which by law is declared to be an offense.
An ____________ is a written statement of a grand jury accussing a person therein named of some act or omission which by law is declared to be an offense.

INDICTMENT
What is the maximum legal window tint percentage?
25%
A ________ is able to take in everthing around him in a situation and sort the relevent from the irrelevent.
OBSERVER
The temporary tags on a car are good for how long?
21 DAYS
Relies on information mostly from witnesses, victims, and susupects:
INCIDENT DRIVEN
In family viloence offense a police officer ______ give written notice of legal advise.
SHALL
Use a __________ to explain any symbols used on a crime scene sketch.
LEGEND
The land mark case in stop and frisk was which?
TERRY vs OHIO
An order from the court that directs the witness to appear and bring some item(s) with him.
SUBPOENA DUCES TECUM
Constables have to attend a ____ hour class on civil process.
20
__________ is driven by the prosecuting attorney.
EXCEPTION
The ________ has a spring and a follower.
MAGAZINE
The distance a train must be in sight for a car to stop at a railroad crossing and at which emits an audible signal from the distance of _____ feet.
1500 FEET
A ______ come from another state to testify is not subject to civil or criminal prosecution.
WITNESS
In the _______ - ______ relationship, if younger than 18, dicipline can be used but not deadly force.
PARENT - CHILD
If a deadly weapon is used in an assault or there is serious bodily injury caused to the person of another during an assault the offense of ________________ has been committed.
AGGRAVATED ASSAULT
On a felony stop the preferred way is to ________ to the left and back _____ feet.
OFF SET, 10-15
__________ is most important in dealing with violators.
SELF CONTROL
Tail lights of a vehicle must be ____ in color and must be visible ______ feet away.
RED, 1000
Joe abducted a 3 year old for ransom and then got scared and let the child go free, what is the charge if any?
AGGRAVATED KIDNAPPING
Strategies of defense mechanics of an arrest / weaponless strategies:
TOUCHING
What is the name given to a variety of writs, with the objective of bringing the party before a court or a judge. The primary function of the writs is to release a person who is being held illegally.
WRIT OF HABEAS CORPUS
A person enters a garage attached to a house and takes $1500 worth of merchandise out of the car, he could be charged with __________.
BURGLARY
The order needed from the court to evict someone is the __________________.
WRIT OF POSSESSION
A guy running a gambling ring can be charged with ____________________.
GAMBLING PROMOTION
All your senses can give you a ___________ of criminal activity.
SUSPICION
The ___________ of a witness who for the purpose of the prosecution is a victim is called ____________________.
EXCLUSION, INVOLKING THE RULE
If a person tampered with a price tag he has committed what offense?
FRAUDULANT DESTRUCTION, REMOVAL OR CONCEALMENT OF WRITING
Entire width between the boundry lines of a publicly maintained way, any part that is opened for vehicle travel is a: ________ or ________.
HIGHWAY or STREET
The speed limit on a beach is ____ miles per hour.
15 MPH
The person is ________ when he has been actually under restaint or taken into custody.
ARRESTED
A person commits this offense if their is sexual conduct or touching with a child younger than 17 years of age and not the person's spouse.
INDECENCY WITH A CHILD
Justification for use of a baton would be __________________.
PHYSICAL STATURE
Store front thieves catch what kind of thieves?
PROFESSIONAL
Interview a suspect in a ____ or ________ position when two officers are present.
V, TRIANGULAR
If Sam picked up his child from the baby sitter, during a period of time that his ex-wife had possession per a court order, he could be charged with what offense?
INTERFERENCE WITH CHILD CUSTODY
When no camera is available you generate a ____________________ sketch.
PERSPECTIVE SKETCH
Intentionally or knowingly by words or physical action a person prevents execution of a civil action he has committed the offense of:
PREVENTING EXECUTION OF CIVIL PROCESS
____________ is to restrict a persons movements without consent.
UNLAWFUL RESTRAINT
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is met and proved:
PROOF BEYOND A REASONABLE DOUBT
_____ or _______ is the color of signaling devices.
RED AND AMBER
________ is an affirmative defense to prosecution if engaged in conduct because of threat to himself.
DURESS
Which best defines a dangerous drug?
PRESCRIPTION DRUG
____________ can be used to affect an arrest when probable cause is present.
REASONABLE FORCE
A ____________ is defined as any condition which a person has mobility problems that substantially impair a person's ability to be ambulatory.
DISABILTY
The acronym for scanning, analysis, Response and Assessment is SARAH. T or F
FALSE
TCLEOSE requires continuing education within 24 months for peace officers or their license will be suspended.
24 MONTHS
How many days or half days in which a student can miss before truancy may be charged?
91/2 DAYS
The correct distance at which to follow another vehicle is the ______ distance.
SAFE
The most common stereo type of a person with mentle illness is that the person is ______________.
SCHIZOPHRENIC
A peace officer ______ arrest an offender with out warrant for any offense committed in his view or presence.
MAY
Hazard lights and turn signals are required to be visible from at least _____ feet.
500 FEET
A written order from a magistrate directed to a peace officer or some other person specially named commanding him to take the body of the person accused of an offense to be dealt with according to law is the definition of ________________________.
ARREST WARRANT
Another stereotype is that persons with mentle illness are ____________.
VIOLENT
Right to anttorney arose from which court case law?
MIRRANDA vs ARIZONA
A sentence is a group of words that expresses a ____________________.
COMPLETE THOUGHT
1979 case that requires reasonable suspicion not just because you're in the wrong area and fail to identify:
BROWNE vs TEXAS
What is the primary reason for use of dealer tags?
DEMONSTRATION OF VEHICLE
A supervisor has a _______________ to stop unnecessary force by a police officer(s).
AFFIRMATIVE DUTY
Within ____ feet from the highway it is considered illegal dumping.
300 FEET
A(n) ____________ is a written statement from a grand jury accussing a person therein named of some act or omission which by law is declared to be an offense.
INDICTMENT
The structure and the role of the criminal justice system is comprised of three parts, police, courts, and correctional system. T or F
TRUE
What offense has been committed when the person kidnapped is used as a shield.
AGGRAVATING KIDNAPPING
The ____________ covers deadly force or use of force.
PENAL CODE
Two or more hookers would be what offense?
COMPELLING PROSITUTION
In order to prevent the occurence of crime the _____________ to commit the crime must be eliminated or reduced.
OPPORTUNITY
A person committs an offense if he operates a vehicle with an open bed and has a child younger than ___ years of age riding in the bed.
18 YEARS
The security given to the accused that he will appear and answer before the proper court is called ______.
BAIL
The water park district officer is a _____________ ?
PEACE OFFICER
The area of open space surrounding a dwelling, and considered part of the house is called ___________.
CURTILAGE
In addition to other elements of a riot, there must be a minimum of how many people involved?
7
American Civil Liberties Union investigates violations of civil rights complaints. T or F
FALSE
A motor vehicle designed and primarily used to draw implements of husbandry is a _____________.
FARM TRACTOR
Motive and Health is related in fitness and wellness. T or F
FALSE
_____, _____, and _____ are the color of signal lights to the rear.
CLEAR, AMBER, AND RED
An individuals rights are laid out in which amandments?
9th AMENDMENT
The right against self incrimination is within the ___ amendment.
5TH AMANDMENTS
When leaving an alley where should you stop your vehicle?
BEFORE THE SIDEWALK
A person commits what offense if in a public place, while under the influence of intoxicants: the person operates a motor vehicle, aircraft, watercraft, or amusement ride and caused the death of a person.
INTOXICATION MANSLAUGHTER
The phases of a victim to a crime are impact, recoil and reoperation. T OF F
TRUE
AN OFFENSE PUNISHABLE BY DEALTH, FINE, OR BOTH IS A FELONY.
TRUE
If someone offers to engage, agrees to engage in sexual conduct in return for remuneration the offense of prostitution has been committed. T or F
TRUE
The case that gave birth to the exclusionary Rule was _____ vs _____.
MAPP VS OHIO
If you are detained or under arrest , you are said to be ____________.
IN CUSTODY
The minimum distance to park in front of a fire hydrant is 20 feet. T or F
FALSE
A precursor in a drug case is _________.
DRUG PARAPHANALIA
Dark blue discoloration of the body that's closest to the ground is called post mortem lividity and may provide clues as to whether or not the body was moved.
T or F
TRUE
A person is ________ responsibile if he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense.
CRIMINALLY
This case supports the elements of search incident to arrest (arm's reach area) _________ vs _________.
CHIMEL vs CALIFORNIA
In the 8th Amendment the following rights are afforded in which amendment, right to speedy and public trial, and confront the accuser? T or F
FALSE
What is the number of rounds that TCLEOSE mandates be fired for qualification?
50
The threat of sexual abuse is the same as sexual abuse. T or F
TRUE
What is the metal case with a spring and a follower that holds shells?
MAGAZINE
Perjury is lying under oath during offical proceeding or when testimony is material. T or F
FALSE
In baton training a weapon strike comes from a ___ degree angle?
45
A train must be at least ____ feet from an intersection when it makes it's first audible alert?
1500 FEET
Deliquent behavior is when ___ or more days are missed in six months or 3 or more days in four weeks.
10
Police agencies have estimated that approximately ___ % of their calls for service are related to family violence.
45%
Peace Officers may fingerprint or photograph a juvenile if conduct constitutes a felony offense or a misdemeanor offense above a class C misdemeanor. T or F
TRUE
1/2 hour before sunrise and 1/2 hour after sunset is the definition of _________.
DAY TIME
A law enforcement initiated action based on an individual's race, ethnicity, or national originrather than on the indivdual's behavior or on information identifying the individual as having engaged in criminal activity is the definition of _______________________.
RACIAL PROFILING
A person commits an offense if the person possess an _______________ in a passenger area of a motor vehicle that is located on a public roadway regardless of whether the vehicle beingoperated is stopped or parked.
OPEN CONTAINER
When cuffing two suspects with one set of handcuffs, the appropriate way is to cuff them:
LEFT TO LEFT OR RIGHT TO RIGHT
________ is to intentionally or knowingly restrain another.
RESTRAIN
A person is criminally responsible as a ______ to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminal responsible, or by both.
PARTY
_______________ means the body of the crime.
CORPUS DELICTI
________ means to sell, dispense, give away, or supply in any other manner.
DELIVER
A relative event that something took place is a ___________.
FLASHBACK
Causing a person 17 or under to be a prostitute is what offense?
COMPELLING PROSTITUTION
The ability to search the area within arms reach arose from what case?
CHIMEL vs CALIFORNIA
Who founded the metropolitan police department?
SR ROBERT PEEL
1925 case relating to the searching of the trunk area of a vehicle is which case?
CARROLL vs U.S.
____ is the color of reflectors on a vehicle.
RED
Offense punishable by fine, jail, or both is a misdemeanor. T or F
TRUE
Citizens arrest can be made on felonies or misdemeanors. T or F
TRUE
What is the best style search for outdoor crime scenes?
STRIP SEARCH
______ law is the portion of the law that deals with the rights of the individual?
CIVIL LAW
_________ is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution.
COURAGE
A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury is the definition of _____________.
DEADLY WEAPON
A person may not drive at a speed that is greater than _______________________ under the circumstances existing at the time.
REASONABLE AND PRUDENT
A person who receives compensation for prostitution has committed what offense?
COMPELLING PROSTITUTION
An act by a family member of a family household against another member of the family or household that results in assault causing bodily injury, sexual assault or threat is the definition of _____________.
FAMILY VIOLENCE
In which step of the 7 step violator approach can the violator have a chance to explain himself?
STEP 2
Person smoking in an elevator is committing what offense?
SMOKING TOBACCO
Putting your drivers license number on everthing is called ______________.
OPERATION I.D.
Voluntary _____________ does not constitute a defense to the commission of a crime.
INTOXIFICATION
The taking of a child into custody is not an _______ for the purpose of determining the validity of taking him into custody, or a search under the laws and constitution.
ARREST
The part of the shot gun that reloads is the _______.
FORE END
A _______________ is defined as an individual association, corporation, or other legal entity that controls, operates or directs the operation of one or more vehicles that transport persons or cargo over a road or highway in this state.
MOTOR CARRIER
The bullets are loaded into the _________ on a revolver.
CYLINDER
_________________ is the condition of the body, which enables an individual to use his body in activities requiring strength, muscular endurance, agility, speed, power, and balance.
PHYSICAL FITNESS
Crisis situations can be resolved through _______.
LISTENING
Implied consent is given for what kind of tests relating to alcohol testing?
BLOOD AND BREATH (both A & B)
What writ issued by the court requires the holding agency to bring the body to determine if their is a lawful reason to hold that person?
WRIT OF HABEAS CORPUS
What is the only crime enumerated in the U.S. Constitution?
TREASON
No vehicle shall be driven left of the center of the roadway when approaching within ____ feet of a bridge or tunnel.
100 FEET
The police role is essentially ___________.
DEFENSIVE
A _______________ is self-propelled by electric power obtained from overhead trolley wires, but does not operate on rails.
MOTOR VEHICLE
At what distance can you follow an authorized emergency vehicle to a call?
500 FEET
A search warrant can end in an arrest. T or F
TRUE
You can get an ___________________ from a magistrate after an arrest for family violence.
EMERGENCY PROTECTIVE ORDER
In which step in the 7 step violator approach is the tone set for the contact?
1st STEP
Written order by a magistrate directed to a peace officer commanding him to search the property:
SEARCH WARRANT
Freedom of speach, religion, and the press are enumerated in which amendment?
1st AMENDMENT
Conduct merely affording a person an opportunity to commit an offense does not constitute __________.
ENTRAPMENT
A license, certificate, permit, seal, etc., or anything issued by the government is the definition of _______________.
GOVERNMENT RECORD
If a person starts a fire recklessly, he can be charged with __________.
ARSON
This is a vehicle not designed to transport people or property and is only incidentally driven on the highway:
SPECIAL MOBILE EQUIPMENT
If a suspect is found with a stolen credit card or debit card, he could be charged with ____________.
CREDIT CARD/DEBIT CARD ABUSE
Objectivity involves the expression or use of facts without distortion by personal feelings or prejudices. T or F
TRUE
Prejudice is an adverse judgement or opinion formed. T or F
TRUE
Heritage is shared culture or beliefs. T or F
FALSE
Reckless injury is ____________ as a justification in prosecution for the reckless injury or killing of a third person.
UNAVAILABLE
This amendment protects persons against cruel or unusual punishment & excessive bail:
8TH AMENDMENT
A person commits theft if he unlawfully appropreates property belonging to another. T or F
TRUE
States rights are addressed in which amendment?
10th AMENDMENT
An operator of a vehicle passing another vehicle shall return to an authorized lane before coming within ____ feet of the approaching vehicle.
200 FEET
The case involving the exclusionary rule addressing the fruits of the poisonous tree doctrine is ________ vs ____
WONG SUN vs U.S.
Probable cause, search and seizure/limits level of force are addressed in which amendment?
4th AMENDMENT
If you are in a place where you have a legal right to be and see evidence of a crime, you can legally seize that evidence under which doctrine?
PLAIN VIEW DOCTRINE
_______ is incident to arrest.
SEARCH
A peace officer from out of state pursuing someone into this state may arrest only on a _______ charge.
FELONY
The arranment of information in the order in which they occurred is called ______________ order.
CHRONOLOGICAL
An officer ______ arrest without a warrant a person in violation of a protective order that occurs in his presence.
SHALL
In order for the sender to know if a message was received, the sender must obtain _________.
FEEDBACK
A officer ____ arrest without a warrant, a person in violation of a protective order that does not occur in his presence.
MAY
Sexual assaults are acts of _________.
VIOLENCE
Handcuffing is a __________________.
TEMPORARY RESTRAINT
Consider size and type of area to cover, people and equipment needed, and degree of thoroughness when you are choosing a method of __________________ sketch.
CRIME SCENE
A substance that has an addiction forming or addiction substance liabilty is a narcotic. T or F
FALSE
A group of behaviors or symptoms known as a syndrome:
MENTAL DISORDERS
U.S. Code Section 242, Deprevation of rights under color of law is a ____________________________.
FEDERAL CIVIL CASE
Conduct is considered to be done _______________ if done with conscious desire or objective.
INTENTIONALLY
The single most common factor in suicidal behavior or death is the individual was experiencing _____________.
DEPRESSION
What is the day you cannot serve civil process?
SUNDAY
A divided, controlled access highway for through traffic is called a ________.
FREEWAY
One man patrol is _______________ to his duties.
MORE ATTENTIVE
The head of the arresting agency holding such person may hold the person for a period of not more than ___ hours after bond has been posted in family violence. This detention maybe extended for an addional ___ hours, but only if authorized in writting by a magistrate.
4, 48 HOURS
________ patrol has high visibility, intense patrol, and where motorized vehicles cannot go.
BICYCLE
When loading a shot gun, what protects the shell after loading?
BREECH
___________ patrol has speed and mobility.
AUTOMOBILE
Constables have to take extra classes after certification on ______________.
CIVIL PROCESS
Fight or flight results in what?
EXHAUSTION
Lying under oath is called purjury. T or F
TRUE
Injury to any part of the body that requires treatment is ________________.
PERSONAL INJURY
What holds the shells in a revolver?
CYCLINDAR
A person who sprays his youth groups logo across the the exterior wall of a local business could be charged with __________.
GRAFFITTI
What is not a traffic condition?
AN ACCIDENT
What hides you but does not provide protection from incoming rounds?
CONCEALMENT
What is the charge for smoking in an elevator?
SMOKING TOBACCO
When the officer is called by the prosecuting attorney to testify and illicit answers it is called ____________________.
DIRECT EXAMINATION
The ________ is the conservator of peace in the county.
SHERIFF
The root cause of for spousal abuse is a need for __________________.
POWER AND CONTROL
________ of _________ is a defense to prosecution.
MISTAKE of FACT
A child maybe detained in a juvinile processing office only for the issuance of a ________ to the child as required or permitted.
WARNING
Being cut or agraded by a contaminated object is called what?
INJECTION
_______ of ____ is not a defense to prosecution.
MISTAKE of LAW
Forbiddin conduct, required culpability, required result and negation of any exception to the offense are the ________________________.
ELEMENTS OF THE OFFENCE
Stiffening of the body that starts at the neck and lower jaw and proceeds downward is called _____________.
RIGOR MORTIS
On a rotorary island, you must drive in which direction?
RIGHT
Professional presence, verbal commands, weaponless strategies, weapons strategies, and deadly force are all elements of _____________.
FORCE OPTIONS
_______ court has original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice of the peace.
COUNTY
An officer may break down a door at a house for all purposes of making an arrest if he is refused admittance after giving notice of his authority and purpose only in _______ cases.
FELONY
1/2 hour after sunset to 1/2 hour before sunrise is the definition of ___________.
NIGHT TIME
Mom leaves her 14 year old in charge of the 7 year old in the car; she could be charged with what offense?
LEAVING A CHILD IN A VEHICLE
Evaluate physical characteristics of area to be searched, evaluate hazards to be searched, evaluate potential evidence to be recovered are all potential problems in conducting a _____________.
CRIME SCENE SKETCH
A child can be finger printer with the permission of the parent or when the child is ___________.
IN CUSTODY
Wet objects must be ______ before packaging as evidence.
DRIED
Objects sticking out from a vehicle more than how long require a red flag be attached?
4 FEET
A person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the others use or attempted use of unlawful force is the definition of ________________.
SELF DEFENSE
The _________ deals with felonies.
DISTRICT COURT
When the property which the officer is directed to search for and seize is found he shall take possession of the same and take it before the magistrate. He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate:
SHALL SEIZE ACCUSED AND PROPERTY
According to TCLEOSE rules it takes ___ rounds to qualify with a hand gun.
50 ROUNDS
An officer may arrest a person protected by a protective order.
FALSE
Conduct indicating a need for supervision are fine only and are misdemeanor offenses. T or F
TRUE
Deliquent behavior is committed by a child and it is conduct other than a traffic offense that violates penal law. T or F
FALSE
The act of keeping back or with holding, by design, a person is called __________.
DETENTION (DETAINED)
______________ is the reckless causing of death of another, a 2nd degree felony.
MANSLAUGHTER
Influences the overall stopping distance of a car:
SPEED, WEATHER, ROAD, VEHICLE, DRIVER
Protective order is good for ___ years.
2 YEARS
Person traveling from another state with a gun in the car could be arrested for what offense?
UNLAWFULL CARRING OF A WEAPON (may fall under traveling exception)
Who has the right to prevent theft?
ANYONE
When you are responding to a crime that has already been committed, it is a ________ response.
REACTIVE
When parking you must be at least how many feet from a yield sign?
20 FEET
Group or person to blame when things go wrong is called a __________.
SCAPEGOAT
Probable cause can be used to search the vehicle came out of which case law?
U.S. vs ROSS
The 1972 case involving the refusal of someone to provide I.D. was Haley vs State. T or F
TRUE
The object of patrol is to __________________.
PRESERVE THE PEACE
The Texas Rangers were established in 1823 by whom?
Stephen F Austin
If someone interrupts a city council meeting and yells obscenities he has committed the offense of:
DISRUPTING MEETING OR PROCESSION
Unauthorized departure from custody or failure to return to custody is the definition of what crime?
ESCAPE
When there is not enough time to obtain a warrant and the officer must establish probable cause a case of ________ circumstances may exist.
EXIGENT
The presence of any chemical in the right amount maybe toxic, and would be the definition of the _____ response.
D.O.S.T. RESPONSE
The act of keeping back or withholding, by design, a person refers to detention. T or F
TRUE
A child is ___ to ___ years of age.
10 TO 17
Important for the officer to maintain physical & emotional control in order to ensure the safety of the officer, the arrestee and the public is self control.
T or F
TRUE
___________________ occurs when a public servant acting under color of his office or employment commits an offense when he intentionally subjects another to sexual harassment.
OFFICAL OPPRESSION
An unattended vehicle is considered abandoned after ___ hours.
48 HOURS
The threat of force is justified when the use of force isn't justified. T or F
FALSE
The adult who the child lives with is the _________.
CUSTODIAN
A ___________ is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person named.
COMMITMENT
An ___________ is the written statement filed and presented on behalf of the state by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.
INDICTMENT
An officer has how many days to report to TCLEOSE any violation over a class C misdemeanor?
30 DAYS
An operator may not drive at a speed that is faster than ____________________ under the circumstances then existing.
REASONABLE AND PRUDENT
A writ of ____________ is an order directing the sheriff or constable to take into his possession certain property of which another person has possession until the suit can be decided or as the court directs.
SEQUESTRATION
_______ violence is an act by an individual against another individual with whom a dating relationship exists.
DATING
What offense has a person committed if, with intent to prevent or disrupt a lawful meeting, procession, or gathering by physical action or verbal utterance.
DISRUPTING MEETING OR PROCESSION
Most accident involving officers occur when they are ___________,
BACKING UP
When a peace officer meets with resistance in discharging any duty imposed upon him by law, he ______ summon aid.
SHALL
What term best describes a dangerous drug?
PRESCRIPTION DRUG
In a situation you can frisk if you have ________________ that the suspect may be in possession of a weapon.
REASONABLE FEAR
Causation is the link between the _____and the ______.
A. mental state - act
B. act - harmful result
C. offense - penalty
D. victim - suspect
ACT - HARMFUL RESULT
A person may not be convicted of any offense committed when younger than 15 years of age.
A. true
B. false
FALSE
Habitation includes all of the following except:
A. a structure adapted for overnight accommodation of a person
B. a vehicle adapted for overnight accommodation of a person
C. any structure or enclosure designed specifically and only for commercial use
D. each separately secure, or occupied, portion of a structure or building
E. both B & D would not be considered a habitation
ANY STRUCTURE OR ENCLOSURE DESIGNED SPECIFICALLY AND ONLY FOR COMMERCIAL USE
Effective consent means:
A. consent induced by threat
B. consent by a person legally authorized to act for the owner
C. consent solely to detect the commission of an offense
D. both B & C
E. none of the above
CONSENT BY A PERSON LEGALLY AUTHORIZED TO ACT FOR THE OWNER
A person commits arson if they start a fire or explosion with the intent to destroy or damage a _____, ______, or ______.
A. habitation, property, livestock
B. building, structure, or property
C. habitation, building, vehicle
D. house, office, animal
HABITATION, BUILDING, VEHICLE
If the pecuniary loss due to damage is less than $20, or causes substantial inconvenience to others, the offense is:
A. criminal mischief (class C)
B. theft (class C)
C. theft (class B)
D. criminal mischief (class B)
CRIMINAL MISCHIEF (CLASS C)
What is the primary difference between robbery and theft?
A. the value of the item taken
B. the fact that property was taken from a residence rather than a business
C. the type of entry used
D. the use or attempted use of force
THE USE OR ATTEMPTED USE OF FORCE
What type of entry is necessary in the offense of burglary?
A. the full body of the actor must enter the building
B. the act of breaking must be proven to constitute entering
C. the intrusion of any part of the body, or any physical object attached to the body
D. a bullet fired into a residence
THE INTRUSION OF ANY PART OF THE BODY, OR ANY PHYSICAL OBJECT ATTACHED TO THE BODY
John Holmes enters a residence without the effective consent of the owner to steal $75 worth of x-rated video cassettes. What offense has Holmes committed?
A. burglary (1st degree felony)
B. burglary (2nd degree felony)
C. theft (class A)
D. criminal trespass (class A)
BURGLARY (2ND DEGREE FELONY)
Which of the following is not a club?
A. blackjack
B. nightstick
C. tomahawk
D. all of the above are considered a club
ALL OF THE ABOVE ARE CONSIDERED A CLUB
A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with?
A. prohibited weapons
B. possession of weapon by felon
C. unlawful carrying weapons
D. no charge may be filed
UNLAWFUL CARRYING WEAPONS
A person agrees with one or more persons to commit a felony; plus an overt act by one or more of them in pursuance of the agreement is committed. This constitutes:
A. criminal attempt
B. criminal conspiracy
C. criminal solicitation
D. all of the above
E. both A & B are correct
CRIMINAL CONSPIRACY
A person who intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse, may be charged with what grade of assault?
A. felony (3rd degree)
B. misdemeanor (class A)
C. misdemeanor (class B)
D. misdemeanor (class C)
MISDEMEANOR (CLASS A)
A person commits this offense if he does an act amounting to more than mere preparation that tends by fails to effect the commission of the offense.
A. criminal attempt
B. criminal conspiracy
C. criminal responsibility
D. criminal solicitation
CRIMINAL ATTEMPT
______ occurs when there is serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
A. assault
B. bodily injury
C. serious bodily injury
D. harm
SERIOUS BODILY INJURY
An employee of a business steals, over a two week period, a watch worth $150, a TV worth $450, and assorted clothing worth $350. Which grade of theft would he be charged with?
A. misdemeanor (class B)
B. misdemeanor (class A)
C. felony (3rd degree)
D. felony (2nd degree)
MISDEMEANOR (CLASS A)
Joe Blow is wet and cold. To escape the weather, he forces his way into a closed business by breaking out a window (damage is $50). Blow should be charged with:
A. burglary (felony 2nd degree)
B. burglary (felony 1st degree)
C. criminal mischief (class A misdemeanor)
D. criminal trespass (class B misdemeanor)
CRIMINAL TRESPASS (CLASS B MISDEMEANOR)
When a person causes the penetration of the anus or female sexual organ of another person who is not the spouse of the actor by any means, without the person's consent, they have committed the offense of:
A. assault
B. sexual assault
C. aggravated sexual assault
D. rape
SEXUAL ASSAULT
A person commits the offense of Public Intoxication if he appears in public under the influence of alcohol or any other intoxicant.
A. true
B. false
FALSE
All persons are presumed to be innocent until proven guilty, and no person may be convicted of an offense unless each element of the offense is proven. The burden of proof required for a conviction is:
A. suspicion
B. reasonable suspicion
C. reasonable doubt
D. proof beyond a reasonable doubt
E. preponderance of the evidence
PROOF BEYOND A REASONABLE DOUBT
Which of the following Disorderly Conduct offense's is not a class C misdemeanor?
A. fighting with another in a public place
B. displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm
C. uses abusive, indecent, profane, or vulgar language in a public place
D. exposing one's anus in a public place and careless about whether another may be present who may be offended
DISPLAYING A FIREARM OR OTHER DEADLY WEAPON IN A PUBLIC PLACE IN A MANNER CALCULATED TO ALARM
A person who intentionally takes a shotgun to a polling place on an election day may be charged with what offense?
A. prohibited weapon
B. unlawfully carrying weapon
C. rude conduct
D. places where weapon prohibited
PLACES WHERE WEAPON PROHIBITED
Dirty Don, an adult, compels Betty, the baby sitter, to submit to sexual intercourse by threatening the Baby's life. Betty is 16, unmarried, and a virgin. Dirty Don may be charged with:
A. assault
B. sexual assault
C. aggravated sexual assault
D. desecration of a venerated object
AGGRAVATED SEXUAL ASSAULT
Mr. D intentionally snatches a purse from the shoulder of a little old lady. The purse and contents are worth $150. The lady was not hurt. In fact, it all happened so fast that she didn't realize what was going on. Mr. D should be charged with:
A. theft (class B misdemeanor)
B. theft (state jail felony)
C. robbery
D. aggravated robbery
E. 3rd degree felony
THEFT (STATE JAIL FELONY)
Eddie Murphy shoplifts a video cassette of "Beverly Hills Cop" worth $18.50. While trying to leave the store where the theft occurred, Murphy is confronted by Billy, the store security guard. Murphy strikes Billy in the face, knocking him to the ground and causing Billy to suffer a black eye. Murphy then runs to the parking lot where he is apprehended by Serge, the other security guard. Murphy should be charged with what offense?
A. assault (class A)
B. theft (class C)
C. robbery
D. aggravated robbery
ROBBERY
Bob pats Sweet Thing on the rump. Bob knows she might be a little offended but is surprised when she slaps him silly. Bob's actions might result in what charge being filed (Sweet Thing suffered no pain or injury).
A. assault (class A)
B. assault (class C)
C. disorderly conduct (gesture)
D. no charge may be filed
ASSAULT (CLASS C)
All crimes must have an actus reus (act) and mens reus (mental state).
A. true
B. false
TRUE
Joe abducts the son of the District Court judge. Joe calls the judge, the boy speaks with his daddy, then Joe says "Just think of what could happen if Harry Smith (Joe's brother) is convicted in your court." Joe then releases the boy unhurt at a church. The most serious offense is:
A. false imprisonment
B. kidnapping
C. aggravated kidnapping
D. extortion
E. abduction
AGGRAVATED KIDNAPPING
"Public Place" includes all of the following except:
A. streets
B. highways
C. the common area of a school
D. an apartment
AN APARTMENT
C.B. knowingly carries on the front seat of his car a switch blade knife. C.B. should be charged with:
A. possession of a prohibited weapon
B. unlawfully carrying a weapon
C. possession of weapon by felon
D. no charge
POSSESSION OF PROHIBITED WEAPON
Willie has been sniffing glue. His behavior is such that it suggests he is under the influence of the glue (an intoxicant) in that he now is running down the middle of Easy St. acting like King Kong. Willie should be charged with:
A. public lewdness
B. public intoxication
C. invest of lunacy
D. cruelty to animals
PUBLIC INTOXICATION
Vic, the local salesman, refuses to leave a residence after being informed to leave by the owner. Vic is arrested for Criminal Trespass. What penalty group would this fall under?
A. felony 3rd degree
B. misdemeanor class A
C. misdemeanor class B
D. misdemeanor class C
MISDEMEANOR CLASS A
Which of the following statements is not correct about a "Criminal Episode"?
A. a defendant may be prosecuted in a single criminal action for all offenses arising out of same criminal episode
B. a defendant found guilty in a consolidated prosecution will have the penalties set at the discretion of the presiding judge
C. the offenses are the repeated commission of the same or similar offenses
D. all of the above are correct statements
E. none of the above are correct statements
A DEFENDANT FOUND GUILTY IN A CONSOLIDATED PROSECUTION WILL HAVE THE PENALTIES SET AT THE DISCRETION OF THE PRESIDING JUDGE
Tom borrows a large boat (worth $15,000) to have a party in the bay. Tom did not know the owner but did not intend to keep the boat. Upon the return to the dock, Tom is met by the police and irate owner (who will file charges). What should Tom be charged with?
A. theft (2nd degree felony)
B. theft ( 3rd degree felony)
C. unauthorized use of a vehicle
D. felony stupidity
E. theft (state jail felony)
UNAUTHORIZED USE OF A VEHICLE
Joe, the village bum, finds an expired Master Card in the garbage. He knows the card is expired (and not his) but uses it to purchase a bottle of imported ripple. Joe is guilty of:
A. theft (3rd degree felony)
B. theft (class A misdemeanor)
C. credit card abuse
D. fraud
CREDIT CARD ABUSE
Allan is drunk and driving a motor vehicle. He strikes Tiny Tim, killing Tim, as Tim is tiptoeing through the intersection of Tulip & Vine. Allan may be charged with:
A. murder
B. capital murder
C. manslaughter
D. intoxication manslaughter
INTOXICATION MANSLAUGHTER
The form of criminal homicide normally occurring during a fit of blind rage or sudden passion is:
A. murder
B. capital murder
C. manslaughter
D. intoxication manslaughter
E. criminally negligent homicide
MURDER
It is a defense to prosecution for resisting arrest or search that the arrest or search was unlawful
A. true
B. false
FALSE
Which one of the following defenses is not considered to be a valid defense in a criminal proceeding?
A. duress
B. mistake of fact
C. intoxication
D. entrapment
INTOXICATION
Mr. A decides to rob a store. Acting with intent to commit the offense, A points a pistol at the store owner and fires. The owner dies as a result of Mr. A shooting him. Mr. A may be charged with:
A. involuntary manslaughter
B. voluntary manslaughter
C. murder
D. capitol murder
CAPITOL MURDER
Which of the following is the lowest culpable mental state required if none is prescribed?
A. intentionally
B. knowingly
C. recklessly
D. criminal negligence
RECKLESSLY
Mr. Bill decides to break into a hardware store. He forces his way into the building and begins to collect items he intends to take. Officer Hand arrives and captures Mr. Bill, who also has a handgun in his belt. Mr. Bill did not have the effective consent of the owner (Mr. Sluggo) to be in the store. The most serious offense Bill may be charged with is:
A. burglary (state jail felony)
B. burglary (3rd degree felony)
C. criminal trespass (class A misdemeanor)
D. unlawful carrying weapon
BURGLARY (3RD DEGREE FELONY)
Granny kicks the dog catcher in the shins because he testified against her in court for violation of the city's leash law. The most serious offense Granny may be charged with is:
A. assault (class C)
B. assault (class A)
C. retaliation
D. hindering proceedings of court
RETALIATION
A person commits an offense if, with intent to prevent or disrupt a lawful meeting, he obstructs or interferes with the meeting by physical action or verbal utterance. What offense has been committed?
A. riot
B. disorderly conduct
C. obstructing public thoroughfare, passageway, etc.
D. disrupting meeting or procession
E. none of the above are correct
DISRUPTING MEETING OR PROCESSION
COERCION means a threat, however communicated. Which of the following would not be coercion?
A. preventing another from acquiring information likely to affect his judgment in a transaction
B. to accuse a person of any offense
C. to expose a person to hatred, contempt, or ridicule
D. to take or withhold action as a public servant, or to cause a public servant to take or withhold action
E. all of the above are coercion
PREVENTING ANOTHER FROM ACQUIRING INFORMATION LIKELY TO AFFECT HIS JUDGMENT IN A TRANSACTION
A person acts _____ if with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
A. intentionally
B. knowingly
C. recklessly
D. with criminal negligence
INTENTIONALLY
Proof of a higher degree of culpability than that charged constitutes proof of the culpability needed for conviction of the offense charged.
A. true
B. false
TRUE
______ means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance.
A. explosive weapon
B. firearm
C. handgun
D. machine gun
FIREARM
A convicted felon may never possess a firearm.
A. true
B. false
FALSE
Mack intentionally strikes Sam in the head and shoulders with a nightstick. The incident took place in the jail where Mack was booking Sam in. Sam did nothing to provoke Mack except speak poorly about Mack's family heritage. What offense has occurred?
A. official misconduct
B. official oppression
C. violation of Civil Rights of Prisoner
D. no offense has occurred - Sam got what he deserved
VIOLATION OF CIVIL RIGHTS OF PRISONER
The "Wellness Pyramid" starts with a foundation of:
A. weight control
B. nutrition
C. exercise
D. stress management
Exercise
In our life we must obtain and maintain a balance of "three basic needs" two of which are aerobic exercise and emotional equilibrium. What is the third basic need not included above:
A. low carbohydrate diet
B. nutri-system or similar eating plan
C. positive eating plan
D. low carbohydrate/low fat diet with some fasting
Positive eating plan
Which of the following is correct concerning the Wellness Pyramid?
A. how we act, function, and perform during our everyday lives does not have that much impact on fitness/wellness
B. self-responsibility has marginal impact on fitness/well-being
C. exercise and proper nutrition make up the foundation of the Wellness Pyramid
D. stress management is not a part of this concept
Exercise and proper nutrition make up the foundation of the Wellness Pyramid
As an occupational group, law enforcement has a ________ health profile.
A. good
B. poor
C. average
D. American
Poor
The span of Wellness Continuum goes from ultimate wellness to:
A. obesity
B. poor physical condition
C. death
D. organic conditioning
Death
The type of strength used in a maximum sit ups exercise is:
A. dynamic strength
B. absolute strength
C. aerobic strength
D. anaerobic strength
Dynamic strength
The condition of the body that enables an individual to use their body in activities requiring strength, muscular endurance, cardiovascular endurance, and flexibility, is known as:
A. wellness
B. health
C. physical fitness
D. total well being