202 terms

TCLEOSE PRACTICE EXAM

STUDY
PLAY
Physical fitness can be divided into two categories; health related and ____ related.
Motor
The "Wellness Pyramid" is capped by:
Self-Responsibility
Wellness varies in degrees, ranging from death to:
Optimal well-being
In the early days of policing, the nighttime police system was called the:
Watch
During its first 100 years as a province of Mexico, Texas was governed by?
Mexican Governors
As American policing developed in New York, Boston, and Philadelphia, an entire system of criminal justice began to experience _____.
corruption
Under 217.1. Minimum Standards for Initial License a person must ______________.
be 21yrs of age
A firearms proficiency officer designated by an agency will to be responsible for the documentation of annual firearms proficiency. The documentation for each officer shall include:
date of qualification; identification of officer; firearm manufacturer, model; results of qualifying; course(s) of fire
A minimum standard for the annual handguns firearms proficiency course of fire under Rule- 217.21 shall be:
a minimum of 50 rounds
"The expression or use of facts without distortion by personal feelings or prejudices" is the definition of:
objectivity
An off-duty officer in his personal vehicle commits a minor law violation (such as a running a stop sign). Assuming you were the officer who stopped him, and that you had already written two other violators that day for the same violation, what action should be taken against this officer?
The officer should be issued a citation for running the stop sign
An advantage of the professional model for law enforcement?
stronger community support and respect
Refusing to participate in a cover-up is an example of __________.
moral courage
What is not a right guaranteed by the Sixth Amendment?
the right to refuse questions when placed on the stand during a trial
The Fourteenth Amendment:
assures that general constitutional restrictions previously applicable to the federal government were to be imposed on the states
Our nation's testimony to its belief in the basic and inalienable rights of the people and in the limitations on the power of government is contained in:
the bill of rights
The First Amendment to the Constitution guarantees all except which one of the following?
the right to a speedy and public trial
The Fourth Amendment to the U.S. Constitution:
protects citizens from unreasonable searches and seizures
Which U.S. Constitution amendment provides for protection against double jeopardy?
5th
Of the following, which amendment does not address due process as a Constitutional guarantee?
8th
The Sixth Amendment to the U.S. Constitution:
gives the right to confront witnesses
What does not addressed in the First Amendment to the constitution?
right to bail
The Bill of Rights was designed to:
limit the power of federal government only
The Fifth Amendment to the U.S. Constitution provides which one of the following protections?
freedom from double jeopardy
The Sixth Amendment to the U.S. Constitution:
gives the right to public trial
The Texas Dept. of Criminal Justice is a function of which component of the Criminal Justice System?
correctional system
A Municipal Court is a function of the ______ component of the Criminal Justice System.
courts
A county jail would be a function of which component of the Criminal Justice System?
correctional system
The Federal Bureau of Investigation (FBI) is a function of which component of the Criminal Justice System?
police
District courts and criminal district courts have jurisdiction in what cases?
felony cases
What is not required in an arrest warrant?
the same of the affiant
The magistrate does not advise the accused of:
the right to trial by jury
An arrest warrant may be served:
at anytime of the day or night
Following items cannot be seized during the execution of a search warrant.
personal writings of the accused showing he committed the crime
A child victim may be photographed for certain reasons after obtaining a search warrant. What offense must have occurred?
either injury with a child, or sexual assault of a child
A capias is:
a writ commanding a peace officer to arrest an accused person
If a Justice of the Peace is not available to conduct an inquest into the cause of death, who may conduct the inquest?
nearest available justice of the peace within the county
Who signs the complaint made before a magistrate?
the affiant
An investigator of the District Attorney's office is considered:
a peace officer
If, within the hearing of a magistrate, one person shall threaten to take the life of another, including that of his spouse or himself, and it is not an emergency situation, that magistrate:
does not have the authority to arrest
Whenever a magistrate is informed upon oath that an offense is about to be committed against the person or property of the informant or of another, or that any person has threatened to commit an offense, the magistrate shall:
immediately issue a warrant for the arrest of the accused
When an offense classed as a felony or as an offense against the public peace is committed in his presence or view, a peace officer or any other person:
may, without a warrant, arrest the offender
A Justice of the Peace shall conduct an inquest when:
a six year old child dies
A Court of Criminal Appeals Justice is considered a:
magistrate
Whenever a duty is imposed by the Code of Criminal Procedure upon the Sheriff, the same duty _______ lawfully be performed by his deputy.
may
The County Courts shall have appellate jurisdiction in criminal cases from which type of court?
justice courts and other inferior courts
It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to him-self or to the person or property of another, including the person or property of his spouse to:
to prevent the threatened injury, if within his power
The statute of limitations for sexual assault of a child is:
10 years
A municipal peace officer who is outside his jurisdiction, may not arrest, without a warrant, a person who commits what type of offense within his presence or view?
traffic offense
What is the statute of limitations for murder?
no limitation
The affidavit made before a magistrate or A district attorney that charges the commission of an offense is called
complaint
A warrant of arrest, issued by any county or district clerk, or by any magistrate, except mayors:
shall extend to any part of the state
The officer executing a warrant of arrest shall ___________ take the person before the magistrate who issued the warrant.
without unnecessary delay
After the accused has given the required bond, he:
shall at once be released
What must exist before a magistrate may issue a search warrant?
probable cause
A trial for a misdemeanor is most likely to take place in:
a lower criminal court
If the grand jury finds sufficient evidence to warrant a trial, they issue:
a bill of indictment
What event does not take place at the arraignment?
an information is filed
Who would not be considered a peace officer?
investigation for a private attorney
A peace officer has the right to summon assistance from citizens. If the citizen refuses to aid the officer, what action can the officer take?
report the person to the district or county attorney
A peace officer is given a summons to serve. The officer forgets to serve the summons during the shift and finds it later while packing for his week of vacation. The officer goes on vacation, with the intent of serving the summons once he returns. What, if any, law has the officer violated?
either contempt of court or neglect to execute process
What is the highest criminal appellate court in Texas?
court of criminal appeals
Joe is arrested for public intoxication (a class c misdemeanor) at a local bar just outside the city limits. Which court has jurisdiction over this case?
Justice of the peace court
Which peace officers has the authority to issue a citation for disregarding a stop sign?
an adjunct police officer
The Texas Supreme Court hears what type of cases"
civil
An officer is attempting to serve an arrest warrant at a residence. The officer advises of his authority and purpose, but is still refused entry. Which of the following may the officer legally do?
forcibly enter the residence if he has a felony warrant
A person is arrested and subsequently posts his bond. The person must be released immediately except in which of the following situations?
family violence arrest with probable cause to believe the violence will continue
The time limitation for a misdemeanor is:
two years
For the purposes of Chapter 5 (Family Violence) of the Code of Criminal Procedure, "family" includes:
step children/ step parents, foster children/ foster parents, ex-spouses
What is the purpose of an arraignment?
inform the accused of the formal charges agaisnt him
Who may take a person into custody for a misdemeanor theft of personal property?
all persons have a right to prevent the consequences of theft of personal property by seizing the person and holding them and the property for the police
Who may conduct an inquest in a county where there is no Medical Examiner?
justice of the peace
The apprehending or restraining of an individual in order to bring the person before the proper legal officer to answer for an alleged crime is the definition of:
arrest
Under the Section 14.04 of the Code of Criminal Procedure what type of crime can you arrest for with assistance from a credible person?
felony
A citizen may arrest a person for committing what type of misdemeanor?
breach of the peace
The type of search performed when you have probable cause to justify the search and are able to show the actual existence of an emergency which prevents the time required to obtain a search warrant is called:
exigent
A search where circumstances show that the person took some action that indicated he divested himself of possession or ownership of an item is called:
abandoned property
Which is not a list of conditions allowing vehicle inventories?
inventory is exploratory
Under the Texas Courts, a vehicle inventory will only be proper if:
If it is done according to a written policy which requires the inventory to be done every time a person in control of the vehicle is arrested and the vehicle is in police custody.
Extent of a lawful search of a person without a warrant is limited to:
may search everything in their possession
The extent of a lawful search of a place without a search warrant is limited to:
the area surrounding the subject and under his immediate control when arrested
In order to frisk a stopped suspect, an officer must reasonably suspect that the suspect is:
armed
Police may make a valid stop if they have:
reasonable suspicion
Chimel v. California involved searches of:
the arms-reach area near an arrestee
Landlords can consent to the search of a tenant's property:
never
Abandoned property:
may be evidence if abandoned without police misconduct
The standards for a warrant less arrest are the same as for the issuance of:
an arrest warrant
Particular descriptions of the place and things to be searched are required by the:
4th
In determining probable cause, police may use:
any legally obtained information, including evidence which may not be admissible
No warrant is required:
if valid consent is given to search
Upon searching the place ordered to be searched, the owner shall receive a copy of the:
search warrant
Both search and arrest warrants must be based on:
probable cause
Where it is shown by satisfactory proof to a peace officer upon the representation of a __________ person that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may without a warrant, pursue and arrest the accused.
credible
It is best to frisk a person when:
you possess fact which place you in fear of your life
Why do courts permit you to seize a weapon without an arrest?
for the officer's safety
Artie murders Bennie by hitting him in the head with an axe. His defense is insanity. This defense ________.
is an affirmative defense and requires that the defendant at the time of the crime did not know the conduct was wrong because of severe mental disease or
defect.
Bennie is a deputy sheriff. He sits at home in the evening and reads. Suddenly, he sees the silhouette of a man with a pistol against the window shade by his chair. He arms himself, goes outside, and sees a figure in the shadows holding a pistol. He fires, killing a 13 year neighbor boy who is playing "cops and robbers" with friends. His most reasonable defense is:
mistake of fact
Voluntary intoxication ________.
is no defense
Entrapment occurs________.
when police nduce a person to engage in crimes
Billie Bennett is 16 years old and murders his entire family of six people, four neighbor children and three pet dogs. He has committed capital murder. He can be:
tried as an adult if certified by the juvenile court, and, if guilty, sentenced to life, 5 to 99 years, $10,000 fine or both.
A sentence of confinement in TDCJ for 2 to 20 years and a $10,000 fine or both, is normal punishment for:
a felony of the 2nd degree
Artie goes to Bennie and tries to induce him to kill Artie's wife for $30,000. This is ________.
a criminal solicitation
Artie and Bennie agree to burglarize a warehouse. They get Percival to go and use his truck to haul the loot. Percy's truck is in bad shape, so he rents one in a false name. Artie "cases" the roads around and structure of the warehouse. This is ________.
a criminal conspiracy because renting the truck and "casing" the warehouse are overt acts
Criminal attempt requires ________.
more than mere preparation
Artie has taken a thin sheet of metal and fashioned a "jimmy" tool to open car doors when locked. His intent is to steal them and his offense is ________.
unlawful use/ possession of criminal instrument
Which of the following is not an element of capital murder?
as a result of sudden passion
Bennie comes home and finds Artie has engaged in an aggravated sexual assault of his wife and sees his four year old daughter has been beaten severely and lies bleeding in the corner. He grabs Artie and strangles him, smashing his head against the floor repeatedly. He intends Artie should die and suffer in the doing. Artie is killed. His offense is ________.
murder
Aggravated kidnapping requires ________.
an abduction and infliction of bodily injury
Aggravated assault includes all but one. The exception is:
threats bodily injury
Artie causes the penetration of the anus of Janet, an adult female not his wife, without her consent. The penetration was with his genital organ. The offense is _________.
sexual assault
Artie takes a paint bucket and brush and paints vulgar words across 150 feet of Mr. Jone's fence. It costs Jones $500 to repair and paint the fence. The following is appropriate _________.
criminal mischief; class a misdemeanor
Artie is hired to "torch" an old store which is insured and mortgaged. He uses flammable liquids to start the fire at night. A tramp is killed by smoke while asleep in an attached shed. The following is most applicable.
arson, felony of first degree
A burglary is a felony of the first degree if ________.
the place is a habitation and felony other than theft is intended
Artie is a bum; dirty, vulgar and drunk. He is thrown out of a cafe and told not to return by the owner. Three hours later he staggers into the cafe. The offense is _________.
criminal trespass, because he was legally given notice
During the course of committing theft, Artie knocks down a 37 year old man, causing large bruises on the hip and arms. Artie could be charged with:
robbery
A 68 year old man is confronted in a park by a suspect brandishing a lead pipe and is knocked to the ground suffering a concussion and a broken rib. This would be an aggravated robbery if________________.
the acts were committed in the course of committing theft
Creating a false impression of law or fact, failing to correct a false impression, preventing another from acquiring information, failing to disclose an encumbrance, or promising performance not intended, and likely to affect judgment, is a reasonable definition of _______.
deception
Artie takes possession of a diamond ring worth $1500 from the counter of Adams Jewelers. He accomplished this by switching the $1500 ring for a cheap imitation while ostensibly seeking a ring to purchase. Mr. Adams is right across the counter from Artie. The offense is:
theft, state jail felony
Artie obtains his father's will from the safety deposit box at the bank the day after his father dies. It is the only copy of the will. Artie plans to consult an attorney regarding probate. As he hopes for a ton of cash, he steams the envelope and reads the will. His brother, Bennie, has been given more cash than he. Artie skillfully alters the "3" in the will to read "8", so that he receives $80,000 instead of $30,000. The offense is _________.
forgery
A person commits bribery if he intentionally or knowingly confers or accepts from another any benefit as consideration for a decision, opinion, vote or recommendation as a _______.
public servant
Artie is called as a witness in Bennie's robbery trial. He testifies that Bennie was with him at the time of the robbery, when he was not. His offense is ________.
aggravated perjury
You are on duty in uniform. You ask a person to identify himself. This act is required of the person if _______.
they are lawfully arrested
To be convicted of resisting arrest or search, a person must ________.
know he is resisting an officer
Evading arrest or detention involves elements which indicate the offense is complete ________.
when the actor intentionally flees a known officer who is attempting to arrest or detain him lawfully
Artie is arrested for intentionally damaging a man's car. The repair will cost $250, a class B misdemeanor. Between the car and jail, Artie sees his chance and runs. It is correct that ________.
Artie has now committed a new class A misdemeanor
If a person is a jailer, he can be prosecuted for permitting or facilitating escape. The requisite mental state is ________.
knowing
Disorderly conduct includes, in public, all the following, except ________.
kisses another of the same sex
To be a riot there must be at least ________people assembled.
7
Compelling prostitution means to knowingly ________.
using force, threats or fraud to cause prostitution
Offenses of sexual performance of a child and possession or promotion of child pornography involve production, promotion and possession of material depicting sexual performances and sexual conduct of persons younger than 18 years. An element not required is ________.
whether it is obscene
What is not a prohibited weapon?
shotgun barrel cut to 20 inches
A bet is _________.
an agreement to win or lose a thing of value, solely or partially by chance.
Receiving or recording five or more bets in a 24-hour period, bets totaling $1,000 in 24-hour period, or a scheme by three or more persons to receive, record or forward bets is ________.
bookmaking
Every motor vehicle must have a horn able to be heard for a distance of at least:
200 feet
Trailers, semitrailers, pole trailers or mobile homes must obtain a Motor Vehicle Inspection Certificate if the Gross weight is in excess of:
4,500 pounds
Misdemeanor penalties for violation of the Transportation Code are _______ unless otherwise stated:
$1.00 to $200.00
Child passenger safety seat systems must be used when:
transporting a child less than 2 years of age in a passenger car
The fine for non use of a child passenger safety seat system is:
$100.00 to $200.00
Seat belts are required to be worn in:
passenger vehicles equipped with belts
It is not necessary to take a person immediately before a Judge:
when detained for consumption of alcoholic beverage while driving
A police officer must give a person an opportunity to a promise to appear for:
a speeding violator who is a resident of texas
The maximum speed for a school bus is:
50 M.P.H on all highways
The maximum speed in any urban district is:
30 M.P.H
Which of the following vehicles are exempt to the speed law when responding to emergency calls:
physicians responding to a emergency call
No person shall occupy a _____ while being moved upon a public street or highway:
house trailer
Bicycle drivers shall not:
cling to any other vehicle
Bicycles operated at night shall be equipped with:
white light on the front
The fines for disregarding barricades are:
$1.00 to $200.00
Headgear is required for motorcycle riders without insurance or driving training course:
of all ages
To drive a single vehicle with a gross weight exceeding 26,000 pounds requires a minimum of a:
class B license
To drive a two axle vehicle with a gross weight not exceeding 24,000 pounds towing a farm trailer with a gross weight of less than 20,000 pounds must have a minimum of a:
class C license
With Drivers-Ed and passing the exam, a person may obtain an unrestricted Class C license at the minimum age of:
16 years old
The second offense for failing to display a drivers license within 1 year is:
$25.00 to $200.00
The fine for driving while a drivers license is under suspension is:
$100.00 to $500.00 and 72 hours to 6 months in county jail
A Buyers temporary cardboard tag is good for:
21 days
A Dealers temporary cardboard tag may be used for:
demonstrations and road testing
Whenever the driver of a vehicle approaches an oncoming vehicle, he is required to dim his lights before coming within:
500 feet
Whenever the driver of a vehicle is passing another vehicle traveling in the same direction and there is an oncoming car, the passing vehicle must return to its lane before coming within:
200 feet
A civil judgment requires the party adjudged of a wrong to:
compensate in the form of money or returned possessions
All Writs and Processes must be styled:
state of Texas
Under Rule 106 an officer may serve a citation to:
any member of the defendants household over 16
The jurisdiction limit of Small Claims Court is ________ plus costs.
$5,000
The Justice of the Peace Court has jurisdiction in cases involving:
liens on personal property
The County Court has jurisdiction in:
appeals from Justice Court
District Court has jurisdiction in:
divorce suits
Major types of civil process issued by courts in civil suits:
direct an officer to deliver a copy of the process to a person, require an officer to seize certain property, require the eviction of a party, (all of these apply)
A citation is a process issued by the court of jurisdiction notifying a person that:
he is a defendant in a civil suit, a partition claim or demand has been filed against him, he is required to respond to the court, (all of these apply)
An officers return as it applies to civil process must include ______________ in writing.
day and hour of receipt, manner of service, time and place of service, he officers signature, (all of these apply)
In order for an officer to make an arrest of a Peace Bond violator, he must have:
a warrant
A person violating a restraining order may be arrested by authority of:
Court ordered attachment
An officer is required under a Writ of Possession to:
remove the tenant and his possessions from the landlords premises
Hours of illegal consumption of an alcoholic beverage on Sunday are:
1:15 a.m. to 12:00 noon
In any county in this State not having a population of 300,000 or more, it shall be unlawful for any person to sell beer or offer for sale, without an on-premises late hours license, on any day other than Sunday:
between the hours of 12 midnight and 7 a.m.
An automobile on a public street may be search, by authority of the Alcoholic Beverage Code, without a warrant if the officer______.
has probable cause
A minor as defined in the Alcoholic Beverage Code is a person under ______ years of age.
21
An alcoholic beverage that is possessed, kept, or stored in violation of the Texas Alcoholic Beverage Code is:
an illicit beverage
Unless otherwise indicated, any alcoholic beverage containing more than four percent of alcoholic by weight is called:
liquor
A license may be lawfully suspended or canceled if the licensee knowingly serves beer to someone who is:
intoxicated
A stimulant will generally excite the central nervous system, causing nervousness and promoting reckless behavior of the following, which is a stimulant?
cocaine
Barbiturates are better known to the general public as:
sedatives, sleeping pills, tranquilizers, (all of these)
A bitter brownish addictive narcotic drug that is derived from the dried juice of the opium poppy is:
heroin
What is the most potent stimulant of natural origin?
cocaine
What is the most common way of introducing powdered cocaine into the body?
snorting
Which of the following items of paraphernalia is normally associated with heroin use?
matches, spoon and syringe
What distinguishes a schedule I controlled substance from substances found in the other four schedules?
Schedule I drugs have no accepted medical use in treatment in the United States
Which of the following is not considered one of the five categories of drugs of abuse?
heroin
Which one of the following falls under the category of Delinquent Conduct in Section 51.03 of the Family Code?
violation of probation order by committing Theft of a Motor Vehicle
Which of the following is not considered a CINS offense under Section 51.03?
perjury by a child
What is the absolute limited time that a juvenile offender can be temporarily held in a juvenile processing office?
6 hours
A child may be taken into custody
for violation of a probation order
The document which is issued to the child in lieu of taking him into custody is called:
warning notice
A person taking a child into custody must do one of the following:
take the subject to a detention facility designated by the juvenile court
Which of the following is required if a written statement or confession given by a child is to be admissible in court:
a magistrate's warning has been given
The offense of runaway or leaving home without parental consent falls under:
conduct indicating a need for supervision
One purpose of the Family Code is:
to try to rehabilitate the juvenile offender & protect the public
A child may only waive his rights to which he is granted if:
the waiver is voluntary
You have not received any training in stress counseling, debriefing, etc...What can you do for a co-worker who is involved in a critical incident?
offer such things as water and food, but avoid any emotional questions during the incident
Stress affects everyone in the same way
false
An officer has been involved in a shooting incident. As his supervisor, what should you do immediately after the event to help lessen the effects of stress on the officer?
allow the officer a brief period to relax
How much do your personal problems (stressors) influence how stress at work will affect you?
very much
The first to see an alcohol or drug problem is usually:
co-workers of the person
How stress will affect a person is dependent largely on:
the perception of the event by the person
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