100 terms

BOE Objective Question and Answers

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What is excessive force?
- Continual use of force when it is no longer needed
- A higher level of force than necessary to gain compliance
When may deadly force be used?
- Protect self or others from IMMINENT THREAT of death or SBI
- Make arrest or prevent escape if:
a.) Subject committed or intends to commit an offense with infliction or threatened infliction of death or SBI.
b.) Reasonably believes there is an imminent risk of Death or SBI if subject is not apprehended.
A Kinetic Energy Projectile (Less than Lethal Shotgun) may be use against another person for what purposes?
-Armed and tactical situation allows for safe application.
-Engaged in RIOTOUS activities
-Made credible threats to himself or others.
-Reasonable suspicion subject committed a crime of violence and is refusing to comply with a lawful order.
Firearms may be readied for use in situations where it is anticipated that they may actually be required. However, firearms shall not be displayed or brandished as a threat unless:
-It is believed that situation might escalate to a point where deadly force would be permitted
When shall firearms NOT be discharged?
-Warning shots
-Disabling vehicles
When can officers NOT use chemical weapons (OC)?
-Verbal or passive resistance only
-Torture, torment, illicit statements, inflict undue pain
-Horseplay or joking
-Demo without supervisor permission
-The subject under restraint and still aggressively resisting and other lesser means have failed.
A suspect resists an arrest and you use a leg sweep to take control of the subject. There is no apparent injury and no complaint of pain. What level of force is this and how is it reported?
-Level 3
-Incident report to include title 8400
Cite some examples of unacceptable use of a taser.
-Verbal or passive resistance only
-Torture, torment, illicit statements, inflict undue pain, punish
-Horseplay or joking
-Demo without supervisor permission
-Individuals covered in or close to combustible material
Define a "Hot Shot" call
-Incident involving physical harm or injury to a person or property AND it is in progress AND all involved parties are on scene.
When a person violates the conditions of a protective order, he/she has committed a criminal offense and can be arrested when?
-After verifying it is a valid PO and a violation has occurred
-If the officer witnesses a violation of PO
-Officer has PC to believe that violation has been committed.
Are emergency protective orders enforced in the same manner as protective orders
-Yes
Can you arrest on Ex-Parte orders?
-Yes, after it has been served to the person named in the order
Under what circumstances will officers not engage in vehicle pursuits?
-Any class C offense including traffic
-Any non-dangerous traffic offense regardless of class of offense
-Class B misdemeanor when subject is known EXCEPT for DWI
-Officer has anyone in the vehicle who has not signed a liability release
-Road surface is wet or slippery unless suspect has committed a violent felony
Considerations before pursuit: Prior to initiating a pursuit what should officers consider
-Public safety and risk versus need for imminent capture
-Seriousness of crime, importance to protecting the public, nature of the fleeing subject in respect to public safety
-Is identity known
-Officers familiarity with area, communications, driving capabilities
-Weather, vehicle capabilities, speeds
-Other subjects in pursued vehicle
-Availability of other resources (aircraft, K9, Etc)
When driving to a location to deploy a tire deflation device, what type of response is authorized?
-Code 3 to the point of deployment
When involved in a foot pursuit, officers will terminate the foot pursuit when?
-When ordered to by a supervisor
What situations require a CIT officer to respond?
-When officer believes that a persons mental health is adversely affecting the persons behavior
-Any request a CIT officer from the community
-Mental health related calls from an MH facility/provider
-Any healthcare facility or emergency room request for assistance for a person suspected of a mental illness
You respond to a hospital to interview a driver in the ER after a crash. He exhibits signs of intoxication and you arrest him for DWI. When can this prisoner be released from custody?
-After permission from a sergeant or above is obtained.
Relating to care and transport of prisoners, "positional asphyxia" can occur when something happens to a person's body; what is that?
-When the physical position of the body interferes with normal respirations
What must be done before any warrant is attempted at a private residence or place of employment?
-Review the incident report to determine if a warrant service has been detected
-Verify the warrant status
-Supervisors will be notified and "Threat Assessment Form" shall be completed prior to any forced entry plan
What are the vision, mission and values of the Austin Police Dept?
Vision- To be respected and trusted by all segments of Austin's diverse community.

Mission- To keep you, your family and our community safe.

I- Integrity: the cornerstone of police work, without it public trust is lost.
C- Courage to make the right professional decision
A- Accountable to the community, the department and coworkers
R- Respect of the community, the department and most importantly self
E- Ethical: professional actions and decision making
Is the mere fact that a minor violation of the law occurred a sufficient to justify an arrest?
- No-- should issue a field release citation
- However, if field release/ citation will not stop criminal or remove the threat of violence or criminal conduct or prevent person from endangering themselves or others than a custody arrest should be initiated.
- If there is reason to believe that the actor is or has been involved in a more serious crime and the arrest will serve to gather evidence of that offence then a custody arrest should be made.
What action should you take if you are off duty and you observe, or your attention is called to an incident requiring police action?
- Minor crimes call 911 and be a good witness
- Imminent threat of Death, SBI, or Significant Property Damage, take reasonable action to minimize the threat.
Conflicting Orders: Employees who are given an otherwise proper order which appears to be in conflict with an existing policy or previous order shall do what?
- Respectfully inform the supervisor of the conflicting order.
a.) If supervisor does not change the order, it will stand
b.) Supervisor will be responsible for any consequences of the order.
Explain the procedure for dealing with a suspect who is suspected of DWLI. (Suspended, revoked or cancelled)
- Verify the suspension is valid. If you observed him/ her driving the vehicle then an arrest can be made. The Central Traffic Division will obtain a warrant.
If a driver, who has been arrested for DWI, exhibits symptoms of intoxication, but the breath test indicates their blood alcohol concentration is less than the legal (per se) limit, what should be done?
- Below .05 Contact supervisor or DWI Enforcement and if no drug influence is present (confirmed through DRE) release and you can cite for original violation.
- .05 to <.08 then Contact supervisor or DWI Enforcement. If it is determine the level of impairment exhibited and totality of circumstances surrounding arrest and detention is still warranted then supervisor shall approve the arrest.
If an officer writes a ticket and determines that ticket needs to be voided, what will the officer do?
- Write VOID
- Give the ticket to Sergeant
If an officer intentionally points firearm at a person, what actions must take place?
Report it to a supervisor and put it in the report or write a supplemental report.
What constitutes "multiple traffic offense"? And what do you do with the driver?
- Generally 3 or more hazardous violations
- MAY arrest to remove obvious dangerous driver ( need supervisor approval)
What arrests will officers obtain supervisor approval, prior to booking into jail?
- Officer is the victim
- Evading arrest
- Arrest for multiple traffic
- Refusal to sign citation
- Failure to ID
-Any full custody arrest that meets the criteria for a class A/B citation
- Any class c warrant arrest inside a private residence.
- Any arrest where a foreign official is claiming immunity
Misdemeanor offenses inside a home will not normally be made without supervisor approval, what misdemeanor arrests will be made without supervisor approval?
- Offense is committed in officer's presence
- Family violence incidents
- Violation of a valid PO
When an arrested person has a child less than 17 years of old, in their care, what steps must the arresting officer take for placement of the child?
- Attempt to locate a competent adult (at the request of the arrested party) to come and take custody of any children.
a.) Fully ID person to be given custody
b.) Run a check of any protective orders regarding the adult to whom custody is being given.
c.) Complete warrant and criminal history check (no wanted or dangerous felon)
d.) Contact CPS and have them run a CAPS check
- If no competent person can be located then contact Victim Services to take custody
Do all children residing in the household have to be identified for a report of a family disturbance, whether or not they witnessed the family disturbance involving family violence? If so, what information shall they be identified with?
- Yes, witnessed or residing at the home
- Full name/ DOB/ Race/ Sex
When documenting a family violence/assault, when children reside in the location, how are they listed in the report?
- In person section of report list
a.) Witness if present during disturbance
b.) Observed/ seen if not present during the family violence incident
What information must typically be given to the dispatcher when transporting a person of the opposite sex or a juvenile?
- Intended destination / beginning mileage to the nearest tenth
- Ending location and mileage to the nearest tenth
If a prisoner, who is being transported to jail, becomes unconscious what must the transporting officer do?
- Transport to the nearest medical facility
- Have EMS respond to current location
When are F.O. cards required?
- When a person is detained for more than simple preliminary questioning to find out their level of involvement and no other record of contact is produced.
Who must give approval to post photographs or videos of an officer in their APD uniform on an employee's Facebook account?
- Chief of Police
In regard to "dating violence" when determining whether or not the relationship is considered a "dating" relationship, what factors should be taken into account?
- Have the persons involved have or have had a continuing relationship of a romantic or intimate nature. Consider the following:
a.) Length of relationship
b.) Nature of relationship
c.) Frequency and type of interaction between persons involved.
What information shall be documented in a family violence incident report?
- Specific facts leading to PC for arrest including injuries and threats
- Information supporting and name of supervisor approving decision
a.) Not to make an arrest when suspect is on-scene
b.) Make multiple arrests in a FV incident
- Identity of all children witnessing or residing at location
- Weather a motion of EPO is being filed and why future danger is suspected
- CPS call ID# / description of evidence or photos
- Names of EMS/AFD personnel treating any person on-scene / med facility
Officers will be ready to leave the substation how long after the conclusion of briefing?
15 minutes
Officers may take (2) 15 minute or (1) 30 minute break during their tour of duty. Officers will not take the breaks when?
During shift change or periods of high activity (unless approved by Sup.)
What information should be given to communications when making a traffic stop?
Location and LP
How many officers are allowed on break at one time?
No more than 2 per shift
When going in-service, officers will verbally provide the dispatcher with what information?
- All required info if not using MDC
- Unit #, employee#, handie-talkie #, RAT info, assigned district, MVR status, LoJack info, special assignment, direct patrol
During a traffic stop you discover that the person you have stopped has outstanding warrants.
What must you do for the new traffic charge (can the violator sign the citation?) {Except for speeding}
Not allow the person to sign the citation violator will either post bond or be placed in jail for the new violation. Officer will sign the new complaint at municipal court.
For a vehicle to be ticketed for Handicap Parking violation, what must the parking space display?
A vertically mounted sign legible from a distance that is reasonable for conditions
Police will only tow vehicles blocking driveways in what instance?
Only if the driveway is blocked to the extent it can't used by any other vehicles.
A vertically mounted sign legible from a distance that is reasonable for condition
-2 Officers
How long will officers remain in their districts and be available for calls before the scheduled time of the end of their shift?
30 min prior to end of shift available for calls
Officers may periodically check bars in their assigned district or sector. The objective is to check activities of persons in those establishments, to make sure the liquor license is current and to prevent serious violation of the law. What are the procedures?
-Supervisors approval
-Min 2 officers
-Notify dispatcher prior to entry
-Immediately contact owner/manager inform person of purpose of check (unless circumstances require immediate attention)
When a 10-200 or RAT call is GB'd, what does the officer in RAT equipped unit do?
You get on the air and advise you're picking up a RAT signal, advise your location, direction that it is coming from.
Provide an example of when a back-up officer will break away from his/her assigned call.
When a hotshot call arises near back-up officer and it is a higher priority than the back up call (totality of circumstances)
When delivering an emergency message, what should you do if you are not able to make personal contact with the person to be notified?
-Leave a message attached to front door
-Advise the dispatched of action taken or log in call history
During a check welfare call, what must you do prior to forcing entry on a building?
-Contact sergeant
-Attempt to contact with apartment/building property manager (unless immediate entry is required)
When making a traffic stop, what information must be provided to the dispatcher?
Location and LP#
What type of calls would you request K-9 for assistance?
-Class B and up to locate suspects that have fled on foot from officers or the scene of a crime and suspects related to window peeping.
-Residence and building searches with forced entry
-Article searches when evidence may be located
-High risk traffic stops
-Locate lost, missing, or injured persons with exigent circumstances
In order to cite a vehicle for Loud, Amplified Music from Motor Vehicle, what is the distance you must be able to hear or be aware of the vibration how far from the source?
30 feet
When tracking a LoJack signal LoJack unit(s) should continually broadcast what information by radio?
Current location / signal strength / direction of arrow
During a LoJack activation, should units give a "roll call" on the assigned frequency?
NO
Define "family".
Individuals related by consanguinity or marriage.
According to Chapter 1 of the Penal Code, what does the term bodily injury mean?
Physical pain, illness, or any impairment of physical condition.
According to Chapter 1 of the Penal Code, what does the term deadly weapon mean?
-A firearm or anything manifestly designed made or adapted for the purpose of inflicting death or SBI.
-Anything that in the manner of its use or intended use is capable of causing death or SBI
According to Chapter 1 of the Penal Code, what does the term serious bodily injury mean?
-Bodily injury that creates a substantial risk of death OR
-Causes death, serious permanent disfigurement or protracted loss or impairment the function of any body member or organ.
According to Chapter 1 of the Penal Code, what does the term possession mean?
Actual Care, Custody, Control, or Management
What offense is committed if a person intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual either; serious bodily injury; serious mental deficiency, impairment, or injury; bodily injury?
Injury to a Child, Elderly Individual, or Disabled Individual
According to Penal Code § 22.04. "Injury To A Child, Elderly Individual, Or
Disabled Individual", what is the definition of a child?
14 YOA or younger
What offense is committed if a person knowingly discharges a firearm in the direction of a building and is reckless as to whether that building is occupied or not?
P.C. 22.05 Deadly Conduct - 3rd Felony
If an officer acting under color of his office intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful has committed what offense?
P.C. 39.03 Official Oppression - A-Misdemeanor
If a person photographs, videotapes, or makes another type of visual recording of another person without the other person's consent and with intent to arouse or gratify the sexual desire of any person...that person has committed what type of crime?
P.C. 21.15 Improper Photography of Visual Recording - SJF
If a person enters the property of another and looks into a house, through a window, or other opening on that property for a lewd purpose; what crime has that person committed?
P.C. 42.01 Disorderly Conduct (peeping) - C-Misdemeanor
If a person who has a concealed handgun permit carries a handgun into a bar that is licensed by the TABC, has he committed an offense? If so, what offense?
-P.C. 46.035 Unlawful Carrying of Handgun by License Holder
-51% rule , A-Misdemeanor
A switchblade knife is defined as what type of weapon by the Penal Code?
P.C. 46.05 Prohibited Weapons - A-Misdemeanor
What offense, if any, has been committed if a child gains access to a readily dischargeable firearm and the person who owns that firearm left it in a place that they should have known the child would gain access?
-P.C. 46.13 Making a Firearm Accessible to a Child
-C-Misdemeanor
-A-Misdemeanor if child discharges firearm and causes death or SBI to himself or another
In order to charge a person with public intoxication, the officer must show that the person is intoxicated in a public place and what else?
-P.C. 49.02 To the extent that the person may endanger the person or another
-C-Misdemeanor
What are the elements of DWI?
-Intoxicated while operating a motor vehicle in a Public Place
-.05 - <.08 must show obvious impairment B-Misdemeanor min 72 hr confinement
-.08 - <.15 B-Misdemeanor min 72 hr confinement
-Open container in persons immediate possession Min Confinement = 6 days
-.15 or greater A-Misdemeanor
Does a casual acquaintanceship constitute a "dating relationship" under the dating violence statute?
NO
Does a member of a household include a person who previously lived in that household?
YES - for life
A person sells a small piece of soap to another for $10.00. The person selling the soap tells the person buying it that it is a crack cocaine rock. Has an offense been committed since the substance is just soap and not illegal to possess?
-Yes - H&SC 482.002 Unlawful Delivery or Manufacturing with Intent to Deliver
-SJF
Is a dangerous drug by it's very nature always illegal for a person to possess?
No-- if it is obtained from a pharmacist through a valid prescription.
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, describes what?
CCP 15.01- Warrant of Arrest
Can a misdemeanor warrant issued by a county court judge from El Paso be served in Austin?
YES- CCP 15.06 Warrant Extends to Every Part of the State
- Except when issued by the mayor of incorporated citties or towns
What time of day can an arrest warrant be served?
CCP 15.23- Anytime 24/7
According to CCP what force may be used in making an arrest with a warrant?
CCP 15.24 - All reasonable means to effect it, however, no greater force than necessary to secure the arrest and detention of accused.
What types of offenses may a police officer arrest for when committed in his view?
CCP 14.01 - PO may arrest for any offence committed in his presence or view.
What type of offenses may a civilian arrest for when committed in his view?
CCP 14.01 - Felony or offense against the public (Breech of Peace)
You have probable cause to believe, a person committed an assault resulting in bodily injury to another person (not family violence), can you make an arrest? If not, what other information would you need?
Yes if you have Probable Cause to believe that there is danger of further bodily injury to that person.
According to the CCP is it the duty of every peace officer to preserve the peace within the officer's jurisdiction using all lawful means?
-CCP 2.13
- Prevent and Suppress Crime
- Execute all lawful processes issued by any magistrate or court
- Give notice to some magistrate of all offenses committed w/in his jurisdiction where the officer has good reason to believe there has been a violation of the PC
- Arrest offenders without warrant in every case where authorized by law.
Describe the liability that a peace officer has if he makes a decision to stay with a family violence victim to protect the victim and allow the victim to take personal property of the victim or of a child in the care of the victim to a place of safety, and the victim wrongfully appropriates property not belonging to the victim.
CCP 5.045 (2) - Not Criminally Liable
Who may arrest when a person is found in suspicious places and under circumstance which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offenses under Section 49.02, Penal Code, or threatened, or are about to commit some offense against the laws?
CCP 14.03 (1) - Any Peace Officer may arrest without a warrant
What types of crimes must a person have committed for an officer to arrest under this circumstance? It is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a crime has been committed, and that the offender is about to escape, so that there is not time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.
CCP 14.04 - Felony offenses
In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making an arrest without a warrant may not enter a residence to make the arrest unless...
- CCP 14.05
- Person who resides in residence consents to the entry
- Exigent circumstances exists
When executing an arrest warrant when might an officer break down the door of any house for the purpose of making the arrest, if he is refused admittance after giving notice of his authority and purpose?
CCP 15.25- In Case of a Felony
Does an officer have to have a copy of an arrest warrant in order to arrest a person for that warrant?
CCP 15.26 - The officer need not have the warrant in his possession
Can a peace officer request, at a defendant's appearance before a magistrate after arrest for an offense involving family violence, issuance of an order for emergency protection?
- YES
- CCP 17.292 - Magistrates Order for Protective Order
Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be what?
- CCP 18.16 - Preventing Consequences of Theft
- Reasonable ground to believe the property is stolen
- Seizure must be Openly Made
- Proceeding Had without Delay
If a credible witness gives you information that a known person has committed a felony and that the suspect is now at home in his own house, can you arrest the suspect for the felony without a warrant?
- CCP 14.05 - Yes IF:
- Person who resides in residence consents to the entry
- Exigent circumstances exists
If you have arrested a person for public intoxication and don't believe that it is necessary to put them in jail to protect them or anyone else, it is possible to release the intoxicated subject to another person? What must a person (you are releasing the drunk to) agree to in order to release the intoxicated person to them?
Care of an Adult who assumes responsibility for them
What types of crimes may a peace officer, who is outside of his jurisdiction, arrest a person for?
- CCP 14.03 (d) - Authority of Peace Officers
Within his view:
-Felony
- Disorderly Conduct
- Intoxication and Alcoholic Beverage Off.
- Breech of Peace
According to CCP 14.03 what must a peace officer do if he observes a violation of protective order?
Shall Arrest, Without a Warrant
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