Cumulative Exam #2 Study Guide
Terms in this set (1422)
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
Confinement is justified when force is justified by 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.
True or False: the threat of force is justified when the use of force is justified by this chapter.
note, a threat by the production of a weapon does not constitute deadly force as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary.
Is an actor justified if, when using deadly force, he recklessly injures or kills and innocent third person?
True or False: The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
What court case established that: "an officer cannot use deadly force without an immediate threat to himself or others."
Estate of Ceballos v. Bridgewater, Porras, & Mull
"...police officers performing a discretionary function enjoy an immunity that shields them from liability for civil damages unless (1) the officers' conduct violates a federal statutory or constitutional right, and (2) the right was clearly established at the time of the conduct, such that (3) an objectively reasonable officer would have understood that the conduct violated that right."
This describes what court case?
Milstead v. Kibler
What court case gave officers qualified immunity if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known?
Okonkwo v. Fernandez
In what court case did the U.S. Supreme Court reverse a lower court finding and stated that an inquiry into 4th Amendment violations must be whether the officers' actions are objectively reasonable in light of the facts and circumstances confronting them at the time, without regard to their underlying intent or motivation?
Graham v. Connor
-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 States and that confines persons arrested for, charged with, or convicted of criminal offenses.
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 community supervision or parole.
-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 a person or thing.
-The quality of conveying impressions intensely in writing or speech.
Definition of the NOUN "force."
-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 struggle or violence.
-An aggressive act committed by any person which does not amount to assault, and is necessary to accomplish an objective.
-Synonyms: Compel, Coerce, Constrain, Oblige.
Definition of the VERB "force."
The amount of lawful physical coercion sufficient to achieve a legitimate law enforcement objective and is objectively reasonable under the facts, circumstances and alternatives confronting an officer at the time actions are taken.
Reasonable or Necessary Force
In physical arrest, the police role is essentially ______.
Serving to protect, devoted to resisting or preventing aggression or attack.
definition of Defensive
The officer's act is not one of hostility; it is one designed to ______ and ______ the community from criminality.
Defend and protect
Means that degree of influence the officer must exert over the violator to take him or her safely into custody.
True or False: Control is a "two-way street"
What will be one of the greatest assets in dealing with a law violator?
What is the objective of using control?
To elicit cooperation from the violator.
Arrest can be both an _____ and ______ problem for an officer and arrestee.
Emotional and physical
Relating to an arrest, attitudes or prejudices can lead to _______.
True or False: to reduce problems with an arrest, an officer should be firm but fair with the violator.
Emotional responses are often the direct result of _________.
Uncertainty is likely to result in compensating behavior. What are some forms of compensating behaviors cause by uncertainty?
Only the amount of force _______ to effect the arrest should be used.
What are some factors officers should consider when assessing the level of force that is reasonable?
-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 of showing a pattern of violence?
-What is the number of suspects involved?
-What is the risk that the force chosen might cause injury to a bystander or other officers?
_______ considerations include statutory and case law and whether deadly force, justifiable, under the circumstances presented, may be avoided without risk of injury or death to the officer or others.
True or False: Administrative or departmental policy should be at least as restrictive as the law. In many cases it will be stricter than legal restrictions.
Individual choice or _____ reflects the inner controls of the officer.
List the force options:
This results when the level of force is less than the subject's level of resistance.
This results when the level of force is unreasonably greater than the subject's level of resistance potentially causing preventable injury.
Excessive Control or Force
The force used should be no more than a ________ officer would use under the total circumstances of the situation.
True or false: People act differently under different circumstances, and officers' entrances into a scene has no effect on the circumstances.
False: officers' entrance creates a new set of circumstances.
What percentage of an officer's duties involves verbal skills?
What percentage of contacts require physical force?
List the elements of communication:
-Words, touch, body movement.
-Content (actual message)
-Voice (verbal personality)
-Non-verbals (raised eyebrows, posture)
What percentage of the time is the message received due to content?
What percentage of the time is the message received due to voice?
What percentage of the time is the message received due to non-verbals(body language)?
Approx.____% of the time a message is received and interpreted base on ____ something is said rather than what is said.
_______ ________ is not paying attention to what is said; such as merely waiting for the opportunity to speak as soon as someone finishes talking.
What are the elements that an officer must recognize and control in every encounter?
What are some helpful tools used in redirecting someone's behavior using verbal persuasion?
List the types of verbal appeals:
This type of verbal appeal is based upon the position as a professional officer and persuades other of your desire for a positive outcome.
useful when dealing with people who are upset and highly emotional
This type of verbal appeal is based on the use of reasoning and appeals to common sense, good judgment, or community standards.
useful when dealing with people having a strong sense of right and wrong.
This type of verbal appeal is based on an urgent need to change a particular circumstance and ignores long-term consequences. Acts as a short-term solution.
Based on the beliefs and value system of the person.
This type of verbal appeal is based on addressing person's needs and desires. You have to set aside your own personal values.
Works well with headstrong people who insist on getting their own way.
When words and actions disagree, trust _____.
Be alert and ready to use force
List the criteria for assessing whether a person is acting professionally:
-Communicate effectively with those persons outside of the profession.
-To accurately assess the situation and define the problem
-To know when to move from words to force
-To return to words and verbal strategies once the threat to an officer's safety is over.
-To evaluate personal performance.
In relation to use of force, the officer knows what kind of force and how much to use describes what?
In relation to using force, the officer uses force in a controlled and purposeful manner describes what?
What court case ruled that evidence gathered from an employee under threat of dismissal was not admissible in a criminal trial.
Garrity v. New Jersey
Who investigates federal civil rights complaints?
Reasonable force may be used to effect an arrest when an officer has _______ _______ for that arrest.
Reasonableness is based on individual _____ and ___________ of the situation.
Facts and circumstances;
the feasibility and availability of alternatives are also considered as well as extent of injury.
Other considerations for evaluating whether force was reasonable.
-Nature of the offense
-Actions of third parties
-An emergency situation that existed
-Behavior of the person against whom force was used.
-Physical size, strength, and weaponry of arrestee.
-Known character of arrestee.
True or False: an officer may face personal liability for failure to stop other officers from using excessive force in his presence.
A police officers and supervisors has an ________ _____ to intervene to stop officers who are engaging in excessive force in his presence.
Self-control results from the development of confidence in one's____
Self-control is achieved through___and___ both on and off the job
Training and Practice
Uncertainty is likely to result in_____
Communication is what type of skill?
When a person seriously threathens bodily harm to an officer or general public, an officer's control is____
Means redirecting behavior with words
T or F: An officer may face possible personal liability for failure to stop other officers from using excessive force in his presence
Lack of training may result in poor marksmanship with weapon and____
Panic and loss of control
What is the last use of force option available to officers?
Means the art or skill of selecting the best available verbal means of persuasion at any given moment
What are some basic concepts of weaponless control?
What are not appropriate target areas for baton strikes?
Head and Throat
The phase wishing that the event had never taken place
What can arise out of police use of deadly force many years after the incident?
What are some procedures that take place after an officer involved shooting?
-Determining the physical condition of injured
-Rendering first aid
-Protecting the officer's weapon as evidence
What does the acronym P.A.V.P.O stand for?
What does the acronym S.A.F.E.R stand for?
What does the acronym P.A.C.E stand for?
Case related to using firearms at or from a motor vehicle
Hathaway v. Bazany
Case in regards to firing warning shots
Jones v. Wittenberg University
In regards to deadly force: Police Officers SHALL,when feasible, do this-
identify themselves and state their intent to shoot
The shotgun is fired from at least how many yards
The handgun is shot at how many yards using a single hand grip
Minimum number of rounds per course for the handgun
Minimum number of rounds per course for the shotgun
What is the minimum qualification score to pass per TCOLE
Type of targets used for scoring in qualifications
Any use of force that is likely to cause death or serious bodily injury is called
Police Officers are authorized to fire their weapons:
-To protect the police officer or others from what is reasonably believed to be an immediate threat of death or serious bodily injury
-To prevent the escape of a fleeing felon whom the officer has proable cause to believe will pose a significant threat to human life should escape occur
-As authorized in Chapter 9 TPC, and within provisions of the General Orders
When is the use of firearms forbidden?
-When not in accordance with chapter 9 TPC
-Firing into buildings or other places where suspects are hiding, unless theren is no doubt where the suspect is and deadly force is being directed from that location
-In cases of Criminal Mischief, or escape unless officer or others are in imminent danger of death or SBI
-Firing at a fleeing or stolen vehicle,unless occupant is using or attempting to use deadly force on an officer or others
-Firing warning shots
-Shooting animals or other wildlife, unless officer or others are in imminent danger of death/SBI
-Discharging firearms when doing so will endanger innocent persons
Who are authorized to shoot wildlife or untagged canines that are suffering from injury that is not survivable.
Livestock or any animal wearing an I.D. tag will not be shot unless specifically requested by who
The rightful owner
An officer can Draw or Display a Weapon when
-In the exercise of sound judgement, has reason to fear for his own personal safety and others safety
-An offender is suspected of having a deadly weapon in his possession
Tennessee v. Garner(Immediate Threat of a fleeing Felon)
-The suspect must threathen the officer with a weapon or the officer must have proable cause to believe that the suspect has committed a crime involving infliction
-The use of deadly force is necessary to prevent the suspect's escape
-The officer must give some warning of imminent use of deadly force, if feasible
Deadly force case law in regards to Objective Reasonableness
Johnson v. Glick
Mental Discipline: Proficiency is build through
Familiarity and Repetition
Mental Discipline: Confidence is built through
Knowledge of the law and your equipment
Do not sacrifice Accuracy for
General Firearms Safety Rules: Guns are always
Steps to making the weapon safe and clearing:
-Point in safe direction
-Place the weapon on safe(if applicable)
-Drop the magazine
-Lock the slide to the rear and visually ensure the magazine-well and chamber contain no ammunition
-Look away, then visually check it again
Quals Standards: patrol rifle- a minimum of___rounds of duty ammo fired at a range of at least___yards, including at least one time reload
Weapon Handoff Demonstration:
-Clear the weapon and make it safe
-Grip the slide and barrel of the weapon with the support hand
-Present the weapon grip first to the person receiving it
Steps on how to field strip the handgun
-Point the weapon in a safe direction and ensure the weapon is unloaded
-Release the slide and squeeze the trigger or decock
-Assume and Armorer's Grip with the firing hand
-Compress the slide slightly
-With the support hand disengage the slide release then allow the slide to move forward and off
-Compress the guide-rod and spring then remove
-Remove the barrel
-Inspect for cleanliness,excessive wear, damaged parts, and serviceability
-Reassemble in reverse order
Quals Standards: shotgun- a minimum of___rounds of duty ammo fired at a range of at least___yards
Cycle of Operation:
The Seven Fundamentals of Marksmanships:
Different shooting positions
Quals Standards: handgun- minimum of ___rounds, fired at ranges from point-blank to a least___yards with at least___rounds at or beyond___yards including at least one timed___
(Percision Rifle) must obtain a 90% if range of fire is less than 100 yards but not less than___yards
Describes the follow shooting stance: natural, upper body does not change, greatest stability, [arms, shoulders, head inline], feet shoulder width apart and balanced, body armour considerations
Quals Standards: percision rifles- a minimum of___ rounds of duty ammo fired a range of at least___ yards
types of Ready Positions
-Ready High-weapon trained on target
-Ready Low-weapon muzzle low, off target
Steps in Threat Assessment:
-Total Body Assessment
-Identify your contact first
-Check deadly hands
Quals Standards: fully auto weapons- a minimum___rounds of duty ammo fired at range from___to at least__yards,including at least a one time reload, with at least___rounds fired in full auto
A technique adopted from Brazilian Special Operations where the officer loosens their support-hand grip, bringing the weapon close in their chest, folding the weapon's slide onto the back of the support-hand,and training the muzzle direction directly down
Clear and Reload procedure for double feed
-Lock slide back
-Manually clear obstrucion from the weapon
-Insert a fresh magazine
(Patrol Rifles) must obtain a 90% if firing range is less than 50 yards but not less than___yards
The muzzle of the shotgun should never pass a___degree angle unless the officer is threatening, or using deadly force
45 degree angle
Pointing a weapon at a officer, without a breech-block, is considered what type of hazard
Manifest Safety Hazard
True or False: Caliber is more important than shot placement
False: Shot placement is most important
About how many of the U.S. adult population suffers from a diagnosable mental disorder in a given year?
The incident that sparked the importance of crisis intervention training took place in what year, city and state?
The essential difference between suspect encounter training and how to approach the mentally ill is the need to be____
No matter what the situation, the public views the individual as__, not criminals
How does the public view mental ill?
Not hardened criminals
What is the public's reaction to law enforcement when force is used on a mentally ill person?
They are highly scrutinized
Means using a less physical, less authoritative, less confrontational, less controlling approach you end up having more control and authority over the person in a mental health crisis
What is the major purpose for Crisis Intervention Training?
Means a illness, disease, or condition that either substantially impacts a person's thought, perception of reality, emotional process, or judgement, or grossly impairs a person's behavior, as manifested by recent disturbance
Means a diminished capacity and inability to tell right from wrong
List the four prominent categories of mental illness:
What are the three personality disorders?
Which personality disorder is most common in males?
Which personality disorder is the most common in females?
What are the two most common mood disorders?
Is defined as a depressed mood or loss of interest of at least two weeks duration accompanied by symptoms such as weight loss/gain and difficulty concentrating.
Major Depressive Syndrome
What is the single most common factor in suicidal behavior?
What are the two phase of Bipolar Disorder?
Type of mental illness demonstrated by disturbances in one's emotional reactions and feeling
Means a group of serious and often debilitating mental disorders that may be of organic or psychological origin
Psychosis is an illness involving a distortion of reality that may be accompanied by___ and___
Means false beliefs not based on factual information
Means distortion in the senses, hearing or seeing something that is not there.
In regards to delusion, what term is used when a person shows no emotion or does not seem to care about what is going on around him?
Means a group of psychotic disorders characterized by changes in perception.
The most common organic mental disorder of older people is____
Alzheimer is a form of___
T or F: Alzheimer is not considered a mental illness, and most mental health facilities will not admit Alzheimer's patients
T or F: Drugs can help the progression of the Alzheimer's and eventually the medication cures the disease
False: Drugs can help the progression but there is no cure
What are the two most common Developmental Disorders?
In what age does Autism usually appear?
Before the age of three
Developmental disorder that is characterized as below-level intellectual capacity
Mental Retardation manifest in a person before the age of__
Degree of Mental Retardation if IQ is between 69-55
Degree of Mental Retardation if IQ is below 25
Degree of Mental Retardation if IQ is between 54-40
Degree of Mental Retardation if IQ is between 39-25
What percent of the American population is considered retarded?
What is the difference between mental illness and mental retardation?
-Mental illness is unrelated to intelligence, mental retardation below-average intellectual functioning
-Mental illness develops at any point in one's life, mental retardation occurs before the age of 18
-Mental illness can be medicated, mental retardation can't be medicated
-Mentally ill behavior is unpredictable, mental retarded behavior is consistent
What are some common myths about suicide?
-People who talk about suicide won't commit suicide
-People who commit suicide are crazy
-Once the person begins to improve, the risk has ended
-Prior unsuccessful suicide means there will never be successful suicide
Incidents when suspects involved in such cases intended to commit suicide provoking law enforcement officers into shooting them
Suicide by cop
Main difference between old and new drugs
New drugs have fewer side effects
Older class of drugs or used in what population?
Indigent and Jail populations
Common reasons why an individual do not take medication:
-Nasty side effects
-Starts to feel better thinks meds are no longer needed
List the components of the first three minute assessment:
What is the acronym L.E.A.P.S?
List the barriers of active listening or communication:
-Jumping to conclusions
What are the three levels of listening?
-Listening to words
-Listening to the whole message
-Reflecting the whole message
List the techniques of active listening:
-Reflection of feelings
"I" statements, in contrast, establishes what type of tone?
What are at least four effective communication/interaction skills used when dealing with persons with a mental illness?
Serves as a magistrate's order for emergency apprehension, transportation, and detention of the mental ill
Emergency Detention Order
Is a medical emergency requiring a police intervention followed by medical treatment to reduce the risk of a sudden death
Excited Delirium Syndrome
What are the most identifying behaviors and signs of Excited Delirium Syndrome?
-Running in traffic
-Naked or inappropriately
Is a mark of disgrace or shame
-Labeling someone with a condition
-Stereotyping people with that condition
-Creating a division
-Discriminating against someone on the basis of their label
T or F: A person with a mental illness is also mentally retarded
What has become the largest facility for persons with mental illness?
Jails and Prisons
The aim for this type of program is to link consumers to community-based services
Jail Diversion Program
List the two approaches to jail diversion:
List some Jail Diversion Benefits:
-Decriminalization of person with mental illness
-Increased public safety
-Reduction of inappropriate incarceration of mental illness
-Length of stay in jail shortened
-Violence and victimization reduced
-Cost by taxpayers
List the components for evaluating success rates:
-Reduction of criminal recidivism
-Reduced percentage of referrals to hospital in crisis
-Reduced percentage of consumers needing emergency psychiatric care
-Reduced rates of officer injury
Means a type of mood disorder that causes periods of low and high moods-depression and mania
The normal human response to trauma follows a similar pattern called____
What are the two responses to a crisis reaction?
Type of reaction when your physical response to trauma is physical shock, disorientation, and numbness?
Type of reaction to trauma when the adrenaline begins to pump through body and heart rate increases?
Fight or Flight reaction
What are the two types of physical responses to trauma?
-Fight or Flight
Physical arousal associated with fight or flight cannot be prolonged indefinitely. Eventually it will result in____
What happens in stage one of the Mind Response?
Shock, Disbelief, and Denial
This is a psychological defense mechanism that kicks in to protect a person from the full impact of what has happened
Means truly believing something did not happen, or that it was not as bad as it actually was
What happens in stage two of the Mind Response?
Cataclysm of Emotions
What happens in stage three of the Mind Response?
Reconstruction of Equilibrium
List the ranges of crisis reaction:
-Inability to resume normal activities
Trauma can be so overwhelming that it causes a person to revert or regress to____ mentally and physical
List some reasons that affects the recovery of trauma:
-Ability to understand
List the Intensity Continuum:
List some recovery issues for survivors:
-Getting control of event in victim's/survivor's mind
-Working out an understanding of the event
-Re-establishing a new equilibrium/life
Not all victims suffers from long-term stress reactions. Some people only think about the crisis when they are reminded of the trauma by certain incidents this is known as___
What are different ways that may cause the victim to think about a crisis or a have trigger event to a crisis?
-Identification of assailant
-Proximity of Holiday/Life events
The intensity of long-term stress reactions and re-experiencing the crisis usually____over time
What are some symptoms of Post Traumatic Stress Disorder that last past one month due to a traumatic event?
-Increased Startle response
What are the phases of a victim's reaction to crime?
List the order of the ripple effect of crime victimization:
-Secondary Victims: Family and Friends
-Service providers: EMS and Police
What are the elements of crisis intervention?
List the differ ways you can help victims after a traumatic event has occurred?
-Avoid second guessing
-Help them deal with guilt
Techniques to use when interviewing a victim of a crime:
-Sensitive to feelings
-Be aware of personal biases
In regards to secondary victimization, when such reactions are sensed to be negative whether or not they were intentional, the actions of others are called____
In regards to secondary victimization, when such reactions are sensed to be negative whether or not they were intentional, the feelings are called
List some people or things that sometimes contributes to secondary victimization:
-Criminal Justice System
-Social/Victim Services workers
What are some recommended procedures for notification of death:
-Go. Don't call
-If child answers the door,ask for the parents
-Sit down and request that victim's family sit down
-Answer question honestly
-Provide info without jeopardizing the case
-Don't leave the survivors alone
-Stay with the survivors and help with decisions
-Let the survivor know you care
The attorney representing the state and sheriff office is not responsible for providing Crime Victim Compensation to who?
Who designates the crime liason?
The local law enforcement
In regards to family violence, you should make a___ attempt to notify the victim of the assailant's release from jail.
T or F: In regards to Victim's right to privacy, the victim's phone number may be listed in the court case
False: Victim's phone number should not be apart of the court case
Who is responsible for Crimes Compensation?
Attorney General Office
T or F: Property can be held for evidence until no longer needed anymore
True: but must be returned as soon as it's no longer needed for evidence
T or F: A peace officer may not inform a victim about the suspect's bail
False: If the victim ask the peace officer he can inform them
T or F: Victims can have separate waiting areas for trial
Who designates crime victim coordinator?
T or F: Trauma is a minimal loss
An event outside of normal human range is known as
Denial is what type of defensive mechanism?
T or F: Fight or Flight includes hyperventilation, sweating
Do a stalking victim have the right to know when the suspect is gettting released from jail?
T or F: A sexual assault victim must provide a pseudonym
False: Victim do not have to provide a fake name
T or F: The defendant may have access to the pseudonym form
False: The defendant may not have access to the pseudonym form
Means a person who is the victim of the offense of sexual assault, kidnapping, aggravated robbery, trafficking of persons, or injury to a child, elderly individual, or disabled individual or who has suffered personal injury or death as a result of the criminal conduct of another
*Means a group of hazardous materials that share dangerous characteristics.
*Means a substance or material capable of posing an unreasonable risk to health, safety, or property when transported in commerce
*How many hazard classes has DOT identified based on the dangers posed in transportation?
What is the title number for OSHA?
What is the title number for EPA?
What is the title number for DOT?
*the four levels of certifications in HAZMAT
-Awareness(identify, recognize, notify)
*What is the severity scale ratings on NFPA 704 placard?
Types of Hazardous Materials:
*Differ Routes of Exposures
Potential effects of a HAZMAT incident or type of impacts
-Property and Enviromental impacts
List the differ types of Health impacts related to HAZMAT
List the differ types of Enviromental/Property impacts related to HAZMAT
-Damage to potable water sources
-Loss of productive land
-Loss/destruction of food products
-Inability to occupy or inhabit structures
List the differ types of Infrastructure impacts related to HAZMAT
-Disruption of traffic and other modes of transportation
-Budget and resource strains on government and commerical entities
-Reduction in available services
-Overwhelmed health care system
Differ ways to obtain on-site info about hazardous materials being transported
-Warnings and Indicators
What are some Warnings and Indicators to look at to obtain info about a hazardous material being transported?
Who do we Interview to obtain info about hazardous material being transported?
In regards to Communications to obtain info about hazardous materials being transported, who can we contact?
-Texas Law Enforcement Telecommunications System(TLETS)
-Shipper at point-of-orgin
Safeguarding lives at a HAZMAT incident: Initial Assessment and Response at an Incident
Safeguarding lives at a HAZMAT incident: Removing citizens from the affected area
-Limit spread of contamination when moving people that are potentially contaminated
-Establish safe travel routes for public
-Enforce perimeter security
Safeguarding lives at a HAZMAT incident: Minimizing Health Hazards for Responders
-Stay outside of designated perimeter
-Wait for qualified assistance
What are the Levels of Personal Protection?
*What is the number guideline for hazardous waste operations and emergency response by OSHA standards
What are some weapons of mass destruction(WMD)?
*Which of the weapons of mass destruction takes the longest to take effect?
*What agency regulates placards?
What agency regulates hazardous waste?
What agency regulates hazardous chemicals?
On a placard what does the color red represents?
On a hazmat placard what does the color blue represents?
On a placard what does the color white represents?
*On a placard what does the color yellow represents?
*In the emergency response guide book what color section is the guide?
In the emergency response guide book what color section is in alphabetical order ?
In the emergency response guide book what color section is numerical?
*What type of information is on a pipeline?
-Owner of pipeline
-Product or signal word such as: Caution/Warning
*What information will not be on the pipeline?
*Type of shipping papers for Railroad?
Type of shipping papers for Highway?
Bill of lading
Type of shipping papers for Water?
Dangerous cargo manifest
Type of shipping papers for Air?
*What is the name of the position, when the the front of the body is facing with arms and palms forward?
*Number of compression and breathes for an adult during CPR?
*How many compressions per minute for adults, children and infants during CPR?
100 compressions per minute
*How deep should the compressions be for an adult?
*How many hands are used for adult CPR?
How long does it takes a quick clot to normally work?
*How far should the tourniquet be placed?
As high or as close to the limb as possible
How long can a tourniquet stay on a limb?
*What is in the first aid kit or SABA kit for law enforcement?
-Halo chest seal
*What is the final step for the soft t tourniquet?
Tighten the thumb screw
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.
generally refers to groups of people with common ancestry and physical characteristics.
refers to shared culture and background/usually have common ancestry, share same language, religion and other culture patterns
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
is an adverse judgement or opinion formed beforehand or without knowledge of or examination of facts
a way of thinking and acting based on tradition
acting on the basis of prejudice
racial, ethnic, gender,national orgin, political affiliation are forms and targets of what?
provides a source of egotistic satisfaction, through comparing others with oneself
affords a convenient grouping for people of whom one is ignorant. Lumping or grouping people
Sterotype and Categorical Treatment
provides a convenient group or person to blame when things go wrong in one's personal life or in the community
provides an outlet for projecting one's tensions and frustrations onto other people
symbolizes one's affiliation with a more dominant group
(fear and insecurity) leads to justification for various types of discrimination that are thought to be of advantage to the dominant group
some functions of prejudice
Ethnocentrism, Sterotype and Categorial Treatment, Scapegoat, Projection, Authoritarian personality, Societal Strain
four basic feelings or attitudes harbored by most prejudiced person
Feeling of superiority, others are strange and different, proprietary claims, fear
it excites the emotions to the point of overshadowing rational judgement. we believe that someone is trying to intrude and threaten the things that belong to us
as a member of the group, the individual believes he is entitled to exclusive or prior rights in a certain area
feeling that other group is alien or different which promotes the social exclusion of members of a particular group
Others are strange and different
self-assured feeling on the part of certain individuals that they are superior or better than others
Feeling of Superiority
Authority figures, sexual orientation, differently abled, religion, age, weight are forms and targets of what?
the right to be free implies the right to be___
categorize people and make judgements about them rather than evaluate them based on their individual character
cannot work for some unless it works for all
tends to reinforce prejudice concerning the group's alleged inferiority,limits the other groups' effectiveness in business, education, political office, and so forth, affords an avenue to economic exploitation
Function of Discrimination
Requires that no person be treated unfairly, unjustly, or with bias or prejudice
Impartial enforcement of the law
is a fundamental requirement made of all peace officers. it is not only a moral requirement in our treatment of each individual with whom we deal
List the forms and targets of prejudice.
What are needs that are common to all people?
What are some reasons peace officers are especially sensitive regarding impartial enforcement?
-Often works alone w/ no one to witness if fairness used.
-temptations provided by citizens can be overwhelming and go undetected
- Deviations from fair/equal treatment easily excused as being necessary for order and crime prevention
What are some ways a peace officer can apply principles of impartiality?
- Base enforcement action on the nature of the situation and the severity of the offense.
- Participate in the process of charging and testifying in ways that do not favor one group over another.
- Communicate by word and action to the public and to other CJ personnel that they are all equally subject to the law and will not be given preferential treatment.
True or False: The delicate balance which the law provides and protects between those who govern and those who are governed must be preserved if democracy is to survive.
What are some important skills that should be used to respect the feelings and needs of others?
-Gather knowledge and info about them;
- Show warmth, interest, and empathy;
-Be willing to communicate
What are some adverse consequences of insensitivity?
- Hurt Feelings
- Loss of personal/professional respect
- ineffective performances
What are some positive consequences of sensitivity?
- Respect of community;
- respect from fellow professionals;
- support for democratic principles
A field of study focusing on how people of differing cultures communicate among one another.
Means a fire department or police vehicle or public or private ambulance, a private vehicle of a volunteer firefighter or a certified emergency medical services employee or volunteer when responding to a fire alarm or medical emergency
Authorized emergency vehicle
Bicycle means a device that a person may ride and that is propelled by human power and has___ tandem wheels at least one of which is more than___inches in diameter
2 tandem wheels
Means a motor vehicle used to transport persons and designed to accommodate more than 10 passengers, including the operator
Means a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry, including a plow or mowing machine
Is less than 40ft in length while in traveling mode and designed to used as a dwelling or for commercial purposes if connected to required utlities:plumbing, heating etc...
Means a vehicle, other than a passenger car or truck , that is designed and adapted for use as a farm implement, machinery or for tilling the soil
Implement of husbandry
Means a truck including a pickup that has carrying capacity of 2,000lbs or less
What is the carrying capacity of a light truck?
2,000lbs or less
Means a motor driven cycle that cannot attain a speed in one mile of more than 30 miles per hour
Means a motor-driven cycle that cannot produce more than two-brake horsepower
Means a motor-driven cycle with a internal combustion engine piston displacement of 50cc
Means a motor vehicle that is equipped with rider's saddle and designed to have when propelled not more than three wheels on the ground
Means a motorcycle equipped with a motor that has an engine piston displacement of 250cc or less
Means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires.
Means a motor vehicle that was manufactured in compliance with federal motor vehicle safety standards for school buses in effect other than the standards requiring the bus to display flashing red lights used to transport students on school-related activity trip other than on routes to and from school
Multifunction school activity bus
Means a motor vehicle other than a motorcycle, used to transport persons and designed to accomodate 10 or few passengers, including the operator
Designed to be drawn by another vehicle and secured to the vehicle by a pole
Means a motor vehicle designed and used to draw another vehicle but not constructed to carry load independently or a part of the weight of the other vehicle or its load
Means a bus designed to accomodate more than 15 passengers, including the operator
School Activity Bus
Used to transport public school students on a route to or from school or on a school-related activity trip other routes to and from school
Means a vehicle with or without motive power, constructed so that part of the the vehicle weight and load rests on or is carried by another vehicle
Means a vehicle that is not designed or used primarily to transport person or property and that is only incidentally operated on a highway: ditchdigging apparatus
Special mobile Equipment
Means a nonmotorized vehicle designed to be towable by a motor vehicle for temporary human habitation for uses including recreational camping or seasonal use
Towable Recreational Vehicle
Means a vehicle with or without motive power constructed so that no part of the vehicle weight and load rests on the motor vehicle
Means a motor vehicle designed, used or maintained primarily to transport property
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
Means a device that can be used to transport or draw person or property on a highway
Means a bicycle that is designed to be propelled by electric motor, exclusively or in combination with the application of human power
Electric bicycle: cannot attain a speed of more than___mph without the application of human power
Electric Bicycle: does not exceed a weight of___pounds
A bus is designed to accomodate more than___passengers
A School Activty bus is designed to accomodate more than___passengers, including the operator
Means an individual, firm, partnership, association, or corporation
Means an individual , association, corporation, or other legal entity that controls, operated, or directs the operation of one or more vehicles that transports persons or cargo over a road or highway in this state
Means as used in reference to a vehicle a person who drives or has physical control of a vehicle
Means as used in reference to a vehicle a person who has a property interest in or title to a vehicle
Means a person on foot
Means a responsible person who is at least 18 years of age and is designated by a local authority to direct traffic in a school crossing zone for the protection of children going to or leaving school
School Crossing Guard
Metropolitan Area at least one municipality with a population of at least___
Business district mean the territory adjacent to and including a highway if buildings used for business or industrial purposes are located within a___foot segment along the highway within that segment the building occupy at least___feet of frontage
Residence district means the territory other than a business district adjacent to including a highway if at least___feet of the highway frontage is primarily improved with residence
Urban district means the territory adjacent to and including a highway if the territory is not a municipality and is improved with structures used for dwelling located at intervals of less than___feet for a distance of at least one-quarter mile
Means an injury to any part of the human body and that requires treatment
Means a person who is not a resident of the state
Means pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel
Means a street not used primarily for through traffic and provides access to rear entrances of buildings or lots along a street
Means the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines
Means the portion of a roadway at an intersection that is within the connections of lateral lines of the sidewalks on opposite sides of the highway measured from the curb
Means a divided, controlled-access highway for through traffic
Means a freeway lane having an uninterrupted flow of traffic
Freeway main lane
Means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel
Highway or street
Means a paved shoulder
Means a roadway that is divided into at least two clearly marked lanes for vehicular travel
Means a highway or roadway to which access by persons to enter or exit the highway or roadway is restricted under law
Limited-access or controlled-access
Means a privately owned way or place used for vehicular travel and used only by the owner and persons who have the owner's express or implied permission
Private road or driveway
Means 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
Means the area in a roadway officially designated 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 designated
Means the portion of the highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel
Means a 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 the reduced speed limit applies
School Crossing Zone
Means 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
Means the portion of the highway that is adjacent to the roadway and not intended for vehicular travel
Means the portion of a street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use
Means a highway or portion of a highway on which vehicular traffic is given preferential right-of-way
Means a highway or a portion of a highway on which vehicular traffic entering from an intersecting highway is required by law to yield right-of-way in compliance with an official traffic-control device
Means the common area at the junction of two highways other than the junction of an alley and a highway
Each junction of each roadway of a highway that includes two roadways with an intersecting highway has to be at least how many feet apart to be considered a separate intersection
Means a sign, signal, marking, or device that is placed or erected by a public body or officer having jurisdiction and used to regulate, warn, or guide traffic
Official traffic-control device
Means a sign, signal, or device erected by a railroad, public body, or public officer to notify traffic of railroad tracks or an approaching railroad train
Railroad sign or signal
Means a manual, electric, or mechanical device that alternately directs traffic to stop and proceed.
Means the period beginning one-half hour before sunrise and ending one-half hour after sunset
Means a chemical compound or mechanical mixture is commonly intended for use or used to produce an explosion
Means a liquid that has a flash point of not more than 70 degrees Fahrenheit
Means the weight of a vehicle and the weight of its load
Gross Vehicle Weight
Means the period beginning one-half hour after sunset and ending one-half hour before sunrise
Means to STAND an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers
Means an injury to any part of the human body and that requires treatment
Means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian that is approaching from a direction, at a speed, and within a proximity that could cause a collision unless one grants precedence to the other
Means to HALT an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers
Means to completely CEASE movement
Mean to discharge, deposit, inject, spill,leak, or place litter on or into land or water
Dispose or Dump
In regards to illegal dumping, a person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place that is not approved solid waste site including a place on or within___feet of a public highway
Penalty for illegal dumping: 5 lbs or less or 5 gals or less
Penalty for illegal dumping: 5 lbs or more but less than 500 lbs
Penalty for illegal dumping: 500 lbs or more but less than 1000 lbs
Penalty for illegal dumping: 1000 lbs or more or is contained in a closed drum
State Jail Felony
T or F: A person riding a horse approaches a stop sign blows thru the stop sign shoots the middle finger at a vehicle and keeps going has not committed an offense
False: Animal on roadway has the rights and duties applicable to the operator of a vehicle
T or F: A local authority may not enact or enforce an ordinance or rule that conflicts with state laws
T or F: A school crossing guard can be designated by the school and the local authority
Means a device designed for transportation of persons with physical disabilities
Motorized mobility device
A motorized mobility device has___or more wheels
A motorized mobility device is propelled by a____motor
A motorized mobility device is not capable of speeds exceeding__mph
T or F: The owner commits an offense if he requires or knowingly permits the operator of the vehicle to operate the vehicle in a manner that violates law
If a penalty is not provided the person shall be punished by a fine of not less than $__ or more than $__
The minimum fine applicable to the offense is___the minimum fine that would be applicable to the offense if it were committed outside a construction or maintenance work zone
T or F: A person may not wilfully fail or refuse to comply with a lawful order or direction of a police officer or school crossing guard who is performing crossing guard duties in a school crosswalk to stop and yield to a pedestrian
Means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state
A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on highway in this state unless the person's holds a___
Who are exempt from the license requirement?
-State military forces or U.S. while the person is operating an official motor vehicle in the scope of service
-A person while operating a road machine, farm tractor
-Nonresident on active duty in armed forces who holds a license issued by the person's state
-A person who is the spouse or dependent child exempt
A person who enters this state as a new resident may operate a motor vehicle in this state for no more than___days after the date on which the enters this state
How many days do a person have to notify the department if name change due to marriage?
How many days to notify the department for new residence address?
The department shall maintain in its files a record of___,___, and___of each individual identified by the holder of a driver's license in case of death due to a vehicular accident
License Ineligibility: The department may not issue any license to a person who:
-Under 15 years of age
-Under 18 years of age unless the person meets the imposed requirements
-Is shown to be addicted the use of alcohol or drugs
-Holds a driver's license that is revoked, canceled or suspended
-Mental or physical disability
-Failure to appear or default on payment for a traffic offense
The department may not issue a Class A or Class B driver's license to a person who:
-Under the age of 17
-Under the age of 18 unless the person has completed a driving training course
-Has not provided an affidavit stating that no vehicle that the person drive requires a Class A or B
The department may issue a Class C driver's license to an applicant under 18 years of age only if the applicant is:
-16 years of age or older
-Submitted driver education certficate
-Obtained a high school diploma or equivalent
A person under the age of 18 may not operate a motor vehicle while using a wireless communications device except in the case of____
When a person 18 years of age obtains a valid driver's license he may not operate a motor vehicle under what circumstance?
-After midnight and before 5 a.m. unless going to work, school-related,or emergency
-With more than one passenger in the vehicle under 21 years of age who is not a family memeber
What class of license is required for a bus with a seating capacity of 24 passengers or more?
What class license is required for a vehicle with a gross vehicle weight rating of 26,001 pounds or more, if the gross vehicle weight rating of the towed vehicle exceeds 10,000 pounds?
What class license is required to operate a motorcycle or moped?
To apply for a hardship license the applicant must be of what age?
15 years of age
A license is automatically___on conviction of offense racing on a highway
Type of Offense: If a person operates a motor vehicle on a highway while the person's driver's license is expired if the license expired during a period of suspension
Driving While License Invalid
Means a license issued to an individual that authorizes the individual to drive a class of commercial motor vehicle
Commercial driver's license
Motor vehicle designed to transport 16 or more passengers, including the driver
Commercial motor vehicle
Means the value specified by the manufacter as the loaded weight of a single vehicle
Gross vehicle weight rating
When is it an exception not to comply with an official traffic-control device?
-otherwise directed by a traffic or police officer
-operating an authorized emergency vehicle and is subject to exceptions
A person may not place or maintain a flashing light or flashing electric sign within___feet of an intersection except under a permit issued by Texas Trans Commission
In the absence of a stop line, the operator shall stop before entering the___on the near side of the intersection
In the absence of a crosswalk, the operator shall stop at a clearly marked___line
In the absence of a stop line, the operator shall stop at the place nearest the___where the operator has view of approaching traffic
An operator on a roadway of sufficient width shall drive on the__half of the roadway
Operator shall drive to right half of the roadway unless:
-Passing another vehicle
-Obstruction on roadway
-Roadway divided into three marked lanes
An operator passing another vehicle shall return to an authorized lane of travel before coming within___feet of an approaching vehicle
An operator may not drive to the left side of the roadway if the operator is approaching within___feet of an intersection, railroad grade crossing, or bridge
When can a vehicle pass to the right?
If the vehicle being passed is making or about to make a left turn
When can you drive on an improved shoulder?
-to stop, stand or park
-to accelerate before entering the main lane of traffic
-to decelerate before making a right turn
-to pass another vehicle that is slowing or stopped
-to allow another vehicle traveling faster to pass
-required by a traffic control device
-to avoid a collision
An operator shall stop before reaching the school bus when bus is operating a visual signal and may not proceed until when?
-The school bus resumes motion
-The operator is signaled by the bus driver to proceed
-The visual signal is no longer actuated
Fine for passing a schools bus when loading or unloading (first offense)
-$1000-$2000 upon 2nd offense if within 5 years
-Class A if causes SBI
-SJF if previously convicted of the Class A
To make a right turn at an intersection, an operator shall make both the approach and the turn as closely as practicable to the___curb or edge of the roadway
To turn left on a roadway designated for one-way traffic shall make the turn as closely to the___curb or edge of the roadway
Turning on a curve or crest of a grade approaching vehicle should be visible within how many feet?
A operator intending to turn a vehicle right or left shall signal continuously for not less than last___feet before the turn
An operator who is permitted to give hand and arm signals shall give the signal from the___side of the vehicle
In regards to hand and arm signals, how should the hand and arm be extended to make a left turn?
In regards to hand and arm signals, how should the hand and arm be extended to make a right turn?
In regards to hand and arm signals, how should the hand and arm be extended to indicate to stop or decrease speed?
A motor vehicle in use on a highway shall be equipped with signal lamps if the distance from the center of the top of the steering post to the left outside limit of the body,cab,or load of the motor vehicle is more than___feet
A motor vehicle in use on a highway shall be equipped with signal lamps if the distance from the center of the top of the steering post to the rear limit of the body or load, including body or load combination of vehicles is more than__feet
When approached by an authorized emergency vehicle using audible and visual signals an operator shall:
-Yield the right of way
-Pull as close to the right-hand curb as possible
-Stop until authorized emergency vehicle has passed
T or F: A police officer can drive like a bat out of hell and without due regard for the safety of all persons on the highway, when lights and sirens are on?
False: Must drive with due regard for the safety of the public
When approaching a stationary authorized emergency vehicle using visuals on the side of the road an operator shall:
-Vacate lane closet to the emergency vehicle on highway with two or more lanes
-Slow to a speed 20 mph less than the posted limit when limit is 25 or more or 5 mph if limit is less 25 mph
An operator approaching a railroad grade crossing shall stop not closer than___feet or farther than___feet from nearest rail
A vehicle that is carrying explosive substance that is moving at a speed of 20 mph or more shall reduce speed to___mph or less before coming within___feet of railroad
An operator emerging from an alley, driveway, or building shall:
-Stop the vehicle before moving on a sidewalk
-Yield the right-of-way to a pedestrian to avoid a collision
-Yield the right-of-way to an approaching vehicle
Parking prohibited within how many from a fire hydrant
Parking prohibited within how many from a crosswalk
Parking prohibited within how many feet from a stop or yield sign
Parking prohibited within___feet of the driveway entrance to a fire station and on the side of a street opposite the to a fire station within___feet of entrance
An operator who stops or parks on a two-way road shall have wheels parallel to and within__inches of the right-hand curb
How long does a vehicle sits on the side of the road before its considered abandoned?
When can personal property be moved by a law enforcement agency without consent of the owner?
-Endangers public safety
Prima Facie Speed Limits: Urban districts
Prima Facie Speed Limits: Alley
Prima Facie Speed Limits: Beach
Prima Facie Speed Limits: Farm-to-market road
Prima Facie Speed Limits: Outside an urban district not numbered by the state
Prima Facie Speed Limits: School Bus that has passed inspection
Prima Facie Speed Limits: School Bus that has not passed inspection
Who have speed limit exceptions for emergencies?
-Authorized Emergecy Vehicles responding to a call
-Physician or ambulance responding to a call
Who can a municipality by ordinance regulate speeds for?
-Authorized vehicle operated by blood or tissue bank
Offense: A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property
Penalty for Reckless Driving
-Fine not to exceed $200
-confinement in jail not more than 30 days
- Or both
When an operator leaves a vehicle unattended he must do the following:
-Remove key from ignition
-Set the parking brake
-if on grade or hill turn front wheel to the curb
May not follow closer than___feet of a fire truck or ambulance that is flashing red lights
You may not drive over an unprotected hose of a fire department without consent from whom?
Fire department official in command
The drawbar or other connection between a vehicle drawing another vehicle and the drawn vehicle may not exceed__feet between the vehicles
The drawbar or other connection between a vehicle drawing another vehicle that is using a chain, rope, or cable to connect the vehicles shall display a white flag or cloth not less than__inches square
A person commits an offense if he remains at a rest area for longer than__hours or erects a tent
How many hours do a person have to leave after receiving notice to depart from the rest area?
A child must be in a safety seat if younger than__
A child is not required to be in a safety seat if he's how tall?
4 ft 9 in
If a child is younger than___years of age he is not allowed to ride in the back of an open bed truck
An operator of a motorcycle may not carry another person on motorcycle unless the other person is at least___years of age
Offense: A passenger in a vehicle may not ride in a position that interferes with the operator's view to the front or sides or control over the driving mechanism of the vehicle
Obstruction of Operator's View or Driving Mechanism
Two or more vehicles from a point side by side at accelerating speeds in a competive attempt to outdistance each other
One or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing
Offense: An operator may not back the vehicle unless the movement can be made safely and without interference with other traffic
Backing a Vehicle
When do you have a duty to display light when visiblity is not clearly discernible at distance of 1,000 ft ahead
A lighting device or reflector mounted on the rear of a vehicle must be or reflect what color?
A signaling device mounted on the rear of a vehicle may be what colors?
Red, Amber, or Yellow
A motor vehicle lamp or illuminating device that projects a beam with an intensity brighter than 300 candle power shall be directed so that no part of the high-intensity portion of the beam strikes the roadway at a distance of more than__feet from the vehicle
A motor vehicle shall be equipped with at least___headlamps
Height requirement for headlamps
Before this model year a car only have to have one taillamp or stoplamp
Height requirement for taillamps
A taillamp shall emit a red light plainly visible at a distance of___feet from the rear of the vehicle
A white light that illuminates the rear license plate and makes the plate clearly legible at a distance of__feet from rear
Stoplamps should be visible at a distance of how many feet from the rear when service brakes is applied
How many feet turn signal visible if vehicle is 80 inches wide
How many feet turn signal visible if vehicle is less than 80 inches wide
Reflectors shall be mounted at a height of__ for trailers
Reflectors should be visible at night on low beams from how many feet?
Reflectors should be visible at night on high beams from how many feet?
Fog lamp height requirment
In regards to fog lamps, no part of the high-intensity portion of the beam from a lamp mounted to the left of the center on a vehicle projects a beam of light at a distance of__ft that is higher than__inches below the level of the center of the lamp
Height requirements for Aux passing lamps
Height requirements for Aux driving lamps
Hazard lamps visible from how many feet?
Reflector requirment height for large vehicle
Clearance lamp, identification lamp, or side marker lamp shall be visible from__ to ___ft
Reflectors on trailers shall be visible from the rear at night from__ft
Lights must be visible from how many feet on a parked vehicle on the highway or roadway?
A trailer is not required to have brakes if it weights how much?
4,500 lbs or less
A trailer that weights 4,500 but not heavier than 15,000 pounds cannot be driven no more than__mph
Audible warning device(horn) shall emit sound audible at a distance of at least__feet
A motor vehicle shall be equipped with a mirror located to reflect to the operator a view of the highway for a distance of at least___feet from the rear of vehicle
Emission systems requirements: A person commits an offense if he operates a vehicle that emits visible smoke for__seconds or longer
A road tractor, truck that has at least four tires or at least two super single tires on the rearmost axle of the vehicle shall be equipped with safety guard or flaps that suspend behind the rearmost wheel within__inches of the surface highway
A sunscreening device must have a label that is:
-Contains info required by the department on light transmission
-States the light transmission of the device is in regulation
-permanently installed between the material and the surface to which the material is applied
Means a motor vehicle engine modification designed to control or reduce the emission of substances from a motor vehicle or motor vehicle engine of a model year of 1968 or later
Exhaust emission system
Means a device that reduces noise using a mechanical design, including a series of chambers or baffle plates to receive exhaust gas from an internal combustion engine
T or F: A motor vehicle may be equipped with video equipment or televisions only if the equipment is located in the dash so the driver can see it
False: Has to be located not visible from the operator's seat
What is the legal percentage for window tint?
Tint cannot extend downward beyond the AS-1 line more than__inches from the top of the windshield
A multifunction school activity bus may not be painted what color?
National School Bus Glossy Yellow
A slow moving vehicle shall display a slow moving emblem that has a reflective surface clearly visible at a distance of__feet and mounted base down on the rear of the vehicle at a height from__to__feet above road surface
Motorcycle headlamp requirements
Motorcycle taillamp requirement
Motorcycle high beams should reveal a person from__feet
Motorcyle low beams should reveal a person from__feet
Penalty for Radar Interference Device
T or F: A person operating a bicycle has the rights and duites applicable to a driver operating a vehicle
Persons riding a bicycle may not ride more than__abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles
A person may not operate a bicycle at nighttime unless the bicycle is equipped with a lamp on front that emits white light or lamp on back that emits red light visible from how many feet?
A person may not operate a bicycle at nighttime unless the bicycle is equipped with white lights in front or red lights in back or a red reflector in rear that is visible from__ft
Means a two non-tandem wheeled device designed for transporting one person that is self-balancing and propelled by an electric propulsion system with an average power of 750 watts or one horsepower
Electric personal assistive mobility device
A person may operate an electric personal assistive mobility device on a residential street, roadway, or public highway with a speed limit of__mph or less
Means a vehicle that can attain a max speed of 35 mph on a paved level surface
Neighborhood electric vehicle
What info should be on a Notice to Appear?
What two offenses are the only offense for which issuance of a written notice to appear is mandatory
Speeding and Open container
How many days for notice to appear?
A speeding citation must state:
-max or min speed limit posted
-speed the defendant is alleged
All terrain vehicles are not more than__inches wide
A person younger than__years of age who is operating an all terrain vehicle must be accompanied by and under the direct supervision of a guardian
Means a condition in which a person has mobility problems that substantially impair the person's ability to ambulate
A disabled parking placard must be two sided and hooked and include on each side the international symbol of access which must be at least__inches in height
Permanent disability placard must be what color?
White on a blue shield
Temporary disability placard must be what color?
White on a red shield
Penalty for manufacturing or selling handicap placard
What is the penalty if you knowingly park a vehicle displaying a counterfeit handicap placard?
Means a motor vehicle that is at least 10 years old and is of condition only to be junked, crushed, or dismantled
Abandoned nuisance vehicle
Abandoned nuisance vehicle is a motor vehicle that is at least__years old and considered to be a POS vehicle
10 years old
A motor vehicle is abandoned if the motor vehicle is inoperable, is more than five years old and has been left unattended on public property for more than__hours
After a law enforcement agency take a abandoned vehicle notice must be sent to the owner by certified mail not later than the__day after the agency takes the abandoned vehicle
What are the exceptions for not having financial responsibility(car insurance)?
-Former military vehicle or at least 25 years old(classic car)
-Used in club activities, parades etc...
A standard proof of motor vehicle liability insurance form must state or include this on the form
-Name of the insurer
-Name and address of each insured
-Make and model of each covered vehicle
-Named driver policy
If a person establish financial responsibilty by depositing with the comptroller or county judge, how much must the deposit be?
What are some alternate methods of establishing financial responsibilty?
-Deposit of cash or securities with Comptroller
-Deposit of cash or cashier's check with county judge
If a person submits to the taking of a specimen of breath, blood, or urine, he may request his own personal physician to take the specimen within how many hours after the arrest?
A person is deemed to have consented to submit to the taking of specimens to determine the person's alcohol concentration if the person is arrested for what?
DWI, operating a motor vehicle in a public place while intoxicated
T or F: You cannot take a dead person blood to determine if the accident was due to intoxication
False: A person dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent
If a person refuses to submit to the taking of the specimen the person's license is automatically suspended for how many days?
If a person is 21 or older and submits to the taking of specimen and the specimen shows the person had an alcohol concentration of 0.08, license will automatically suspended for how many days?
If a person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, license automatically suspended for how many days?
Who are the only people that may take blood specimen at the request or order of the peace officer?
Permanent disablility placard good for how many years?
Temp disability placard good for how long?
Katz vs. U.S. (TECLOSE)
Expectation of Privacy: 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)
Brower v. Inyo County (TECLOSE)
Seizure occurs when governmental termination of a person's movement is effected through means intentionally applied.
California v. Hodari (TECLOSE)
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.
Mapp vs. Ohio (TECLOSE)
Exclusionary Rule: Supreme court decision set the judicially established rule that prohibits the use of tangible evidence obtained in violation of the 4th amendment in court.
Wong Sun vs. US (TECLOSE)
"Fruit of the Poisonous Tree" 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.
Miranda v. Arizona (TECLOSE)
The Supreme Court ruling that the guarantee of due process requires that suspects in police custody be informed that they have the right to remain silent, that anything they say can 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.
Oregon v. Haas (TECLOSE)
A state is free to impose greater restrictions on police than those of federal constitutional standards.
Florida v. Royer (TECLOSE)
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.
Illinois v. Wardlow (TECLOSE)
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.
Aguilar v. Texas (and Illinois v. Gates) (TECLOSE)
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.
Brown v. Texas (TECLOSE)
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 (TECLOSE)
A P.O. can apporach a person for purpose of investigating with no probable cause.
Armstrong v. Texas (TECLOSE)
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.
Terry v. Ohio (TECLOSE)
Landmark ruling that a police officer can after detaing without arrest can frisk for officer safety when there is reasonable suspicion that person is armed. Court rules that detention is a seizure, and frisk is a search, but is allowable since they are temporary and limited in scope, respectively. STOP and FRISK
Adams v. Williams (TECLOSE)
Reasonable suspicion of 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.
U.S. v. Edwards (TECLOSE)
Allows the search of arrested individuals and poroperty in his immediate possession away from the scene of arrest (Jailers)
U.S. v. Robinson (TECLOSE)
Search Indecent to Arrest.
When an officer has probable cause for an arrest, a more extensive exploration of the suspect's person is authorized.
Lippert v. TX (TECLOSE)
Being close to others suspected of criminal activity does not alone give PC to search you
Carroll v. US (TECLOSE)
"automobile exception" to search warrant if:
1. In a public place, and
2. It is "readily mobile", and
3. P.C. to believe the vehicle contains contraband
California v. Acevedo (TECLOSE)
If searching an auto w/ PC you may search contents including locked containers with in vehicle.
Thornton vs US (TECLOSE)
Thornton extended New York v. Belton, ruling that it governs even when an officer does not make contact until the person arrested has left the vehicle. Thornton also suggests a separate justification for an evidential search "when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle
Arizona v. Gant (TECLOSE)
Police may only search a vehicle incident to arrest if:
1. The arrestee might access the vehicle @ the time of search, or
2. The vehicle contains evidence of the offense he was arrested for.
Michigan v. Long (TECLOSE)
Allows protective frisk of a vehicle
(Douglas vs. State of Texas due to drivers movements in vehicle was PC)
Florida v. Jimeno (TECLOSE)
The scope of a suspect's search consent is for entire car unless;
1. Subject limits search
2. Locked container in vehicle
Colorado v. Bertine (TECLOSE)
Officers may open closed containers during inventory In Accordance W/ STANDARD POLICE POLICY
Florida v. Wells (TECLOSE)
Inventory must not be a ruse for a general rummaging to discover incriminating evidence.
Brendlin vs. California (TECLOSE)
Passengers of a vehicle are also "seized" in a traffic stop
Payton v. New York (TECLOSE)
W/o exigent circumstances you can not enter a house unless you have a warrant.
Reinforces 4th and 14th ammendment
US v. Howard (TECLOSE)
Factors determining if police manufactured exigency:
1. Is there evidence of Bad faith
2. Did police intend to create exigency
3. Were LE tactics reasonable in the circumstances
US v. Banks (TECLOSE)
No knock & announce may create damage, but it may also be necessary in an exigency situation like prevent destruction of evidence
Bumper v. NC (TECLOSE)
A search conducted in reliance upon a warrant cannot later be justified on the basis of consent if it turns out that the warrant was invalid.
Georgia v. Randolph (TECLOSE)
Husband / Wife -- Consent given by one is not valid in the face of refusal of the other who is physically present.
CA v. Greenwood (TECLOSE)
Garbage left out outside the curtilage does not exhibit an expectation of privacy and may be searched without a warrant.
U.S. v. Mendenhall
Law enforcement does not have to expressly tell someone that they are free to leave during a consensual encounter. DEA agents were able to obtain heroin from a drug courier suspect after she was approached, questioned, and verbally consented more than once to a search.
Benavides v. State
Helped establish that a vehicle unrelated to a crime and legally parked should not be subject to impoundment and inventory. Police procedure cannot override the 4th Amendment.
Minnesota v. Dickerson
Plain feel doctrine. Supreme court stated contraband must be "immediately apparent" and an officer may not examine an item in person's pocket during a frisk.
Kentucky v. King
Officers cannot create exigent circumstances. Evidence found after a warrantless search of a residence due to officers creating the exigent circumstances will be inadmissible.
NY v. Belton
Warrantless Vehicle Search. Items inside of a vehicle (such as a leather jacket) may be searched during a lawful vehicle search.
Fry v. State of TX
Search of residence w/out warrant. If officers do not have time to procure a warrant for a search of a residence, they can proceed without one. For example, in Fry v. TX, 4 robbery suspects would be leaving the state that day so officers searched home w/out warrant and was found to be a lawful search.
Shatzer v. Maryland
Established 14-day rule for Miranda rights.
U.S. v. Leon
According to U.S. Supreme Court, if officer's are acting on good faith that a warrant is based on probable cause, the search is lawful. Does not apply in Texas! Probable cause required regardless if officer is unaware of deficiency.
Beck v. Ohio
Probable cause is needed for a search and arrest and only a tip is not sufficient to make an arrest of a suspect. Beck stopped, arrested, and searched based on tip he had illegal gambling documents.
Comer v. State
Abandoned Property and reasonable suspicion. Evidence abandoned by suspects due to unlawful police activity (investigatory stop w/ no reasonable suspicion) is inadmissible.
Brigham City, Utah v. Smart
Officers can enter residence w/out warrant due to exigent circumstances (such as a fight).
Chimel v. California
Wingspan search after arrest. Searches must be limited to the immediate area where the defendant was arrested, not an entire residence.
Illinois v. Gates
An anonymous tip is not enough probable cause unless there is enough additional observations and circumstances to establish probable cause. Reliability of informant not known.
Steagald v. U.S.
A third party residence may not be searched w/out search warrant or consent if executing an arrest warrant on a person.
What are the 3 classifications of interactions between peace officers and persons?
1) Consensual Encounter
2) Investigatory stops/ Detentions
What are Peace Officers free to do during a Consensual Encounter?
Peace officers are free to approach and ask questions of any person.
What do Peace Officers need to recognize during a Consensual Encounter?
That persons can
1) refuse to identify themselves
2) refuse to cooperate
3) refuse to answer questions
4) simply walk away
What is an Investigatory stop/ detention?
Temporary seizure of a person for investigation on an officers reasonable suspicion of criminal activity.
When arresting someone, your taking the person into custody for what purpose?
Charging them with a crime based on an officers establishment of probable cause.
There are 4 elements that have been used by courts to determine whether an arrest has occurred. What are they?
3) Actual Seizure
A peace officers purpose or goal to take a person into the custody of the law is the definition of what?
Authorization by law to make an arrest and the arrest is supported by probable cause is defined as what?
A person taken into custody either by physical force or by submission to assertion of authority is defined as what?
In regards to the 4 elements to determining an arrest has occurred. There needs to be a(an)__________ by the person to be arrested of the officers intention to arrest.
When is a person arrested?
1) When actually put under restraint (or)
2) When taken into custody
This is with or without warrant (CCP 15.22)
Whereby one person exercises a control over the person of another, and detains him within certain limits by means such as coercive measures by threats is best defined as what?
Constructive Custody (CCP 11.21)
This defines what?
1) Kind of control one person exercises over another, not to confine within certain limits
2) Subjecting person to the general authority and power of the person claiming such right.
What is the definition of Custody found in PC 38.01?
1) Under arrest by Peace Officer or restraint by a public servant (by order of this state or any state in the US)
2) Under restraint by an agent of employee of a facility operated by or under contract with the US
What are the duties of the arresting officer and Magistrate?
Duty of officer to bring offender before a magistrate (without unnecessary delay but no later than 48 hours after arrest). It is the duty of the magistrate to inform offender of the accusation or any affidavit filed therewith along with his rights.
Peace officers must respect a citizens right of __________ as protected by the U.S Constitutions Fifth Amendment.
Persons in custody prior to interrogation must be clearly informed of what by peace officers?
Right to remain silent
Once persons in custody indicate their right to remain silent, interrogations must cease. What other circumstances would cause a cease to an interrogation?
1) If person requests an attorney (ceases until an attorney is present)
2) Until there is at least a 14 day break in Miranda custody
When can a peace officer arrest without warrant?
1) Offense within view/ in view within view of magistrate
2) suspicious places under suspicious circumstances (persons have been guilty of some felony)
3) assault resulting in bodily injury to another person and officer has probable cause to believe there's a danger of further injury
4) may arrest having probable cause to believe protective order has been violated
5) shall arrest if protective order violated
6) Probable cause to believe offense involving family violence
7) interfered with emergency phone call
8) admitting to committing felony
9) Public intoxication
10) When felony has been committed
(CCP 14.01,14.02,14.03,14.031, 14.04)
What are the rights of an officer where arrests may be lawfully made without warrant in regards to a residence?
1) Residence gives consent
2) Exigent circumstances
How long do you have to bring an offender before a magistrate? Where do you take the offender?
1) Without unnecessary delay but no later than 48 hours after arrest
2) Before magistrate who may have ordered arrest, some magistrate of the county arrest was made without an order, or (to provide more expeditiously) to a magistrate in any other county in this state
Who has the right to prevent the consequences of theft by seizing any personal property that has been stolen (with suspected offender if possible) before a magistrate (or peace officer) for examination.
According to CCP 51.13 Sec. 14 a peace officer or private person can make an arrest without warrant in what circumstance?
Upon reasonable information that accused stands charged in the courts of a State with a crime punishable by death or imprisonment for a term exceeding 1 year
______ is 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.
Warrant of Arrest
What are the requisites of a warrant?
-Issues in the name of "The State of Texas"
1) Name of offender (description if not known)
2) Must state offense made against the State
3) Must be signed by magistrate, and his office be named on the body
When may a magistrate issue a warrant or summons?
1) any case in which authorized to order arrest of an offender
2) When any person shall make oath before the magistrate that another has committed some offense against laws of the state
3) Any case named in this code he is authorized to issue warrants for arrest
Can be issued in any case warrant may be issued except it shall summon person before a magistrate at a stated time and place
The affidavit made before the magistrate or district or county attorney is called a what?
What are the requisites of a complaint?
1) Name if known or reasonable description
2) Show that accused has committed some offense
3) Must state time/place of the commission of the offense
4) Must be signed by affiant
True or false. A warrant of arrest, issued by any county clerk, or by any magistrate may extend to any part of the state?
False: It SHALL extend to any part of the state
What is mere suspicion?
A hunch or feeling of intuition
What can an officer do with mere suspicion?
1) Computer checks of license plates
3) Consensual Encounter
What is the officer trying to accomplish when acting on mere suspicion?
To establish Articulable facts and circumstances
What are two different but similar definitions/types of probable cause?
1) Probable cause to search
2) Probable cause to arrest
Probable cause to search exists when?
The facts and circumstances within the officers knowledge and of which he had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that seize-able property would be found in a particular place or on a particular person.
Probable cause to arrest exists when?
The facts and circumstances within the officers knowledge and of which he had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed by the person to be arrested.
What are the facts and circumstances that can be used to raise probable cause?
1) High crime rate area
2) Time of day/night
3) Furtive act
4) Abnormal demeanor
5) Officers knowledge of facts/ sensory
6) Statements by other persons
7) Temporal proximity to crime scene
9) Physical or Mental state of suspect
10) Inconsistent statements
11) Forensic evidence (DNA/Prints)
12) Possession of fruits of crime
13) Possession of tools of crime
14) Possession of contraband
15) Officers experience/ training
An officer may arrest for that offense which ___ ___ leads the officer to believe is occurring or has occurred.
The court will examine the what surrounding the seizure and detention of an individual?
Totality of the circumstances
______________ has been defined by the courts as sufficient articulable facts and circumstances, and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude that criminal activity is afoot.
What is a Temporary Detention?
Holding a person for a limited time who is not yet answerable to a criminal offense.
What are the elements needed for Temporary Detention?
1) Reasonable suspicion that some activity out of the ordinary is or has taken place
2) Some indication to connect the person with suspicious activity
3) Indication the suspicious activity is related to a specific offense
When is a frisk permitted?
Anytime an officer is in contact with another person and can articulate reasons that he feared for his safety
Define frisking (person)
A "pat down" of the outer clothing of a person whom you have stopped (to protect the safety of the officer)
A search is generally described as what?
an examination or inspection
What the objects of a search that have evidentiary value?
1) Fruits of the crime
2) Tools of the crime
3) Contraband/ mere evidence
4) Property subject to forfeiture
What are search warrants issued based upon?
A ____________ is a written order, issued by a magistrate and directed to a peace officer; commanding him to search for any property or thing and to seize the same.
What are the grounds for the issuance of a search warrant?
Issued to search for and seize:
1) Property acquired by theft (fruits)
2) " " designed/made for commission of the offense
3) Arms/munitions kept or prepared for insurrection or riot
4) Prohibited weapons
5) Gambling devices/ equipment
6) Obscene materials kept or prepared for commercial distribution or exhibition
7) Drugs/ " " paraphernalia
8) ANY property prohibited by law
9) Tools of the crime
10) Property or items constituting evidence of an offense
12) Contraband subject to forfeiture under chapter 59
13) Communications data
May a search warrant order arrest? Why or why not?
2) If the facts presented to the magistrate under art 18.02 also establish existence of probable cause that person committed some offense
What are the contents of a search warrant?
1) Run in the name of "The State of Texas"
2) Identify (by name or describe) which is to be seized or searched
3) Command any peace officer of the proper county to search person, place, thing named
4) Dated and signed by the magistrate
A peace officer to whom a search warrant is delivered shall execute the warrant without _____ and_____
return the warrant to the proper magistrate.
Delay and forthwith
Does the officer executing the search warrant need to present a copy of the warrant to the owner?
Yes. To the owner if present or person who is present in possession of the place if the owner is not present
Peace officers are generally required to _______ and ________ their presence, authority, and purpose before entering premises to execute a search warrant.
Knock and announce
What is the purpose of the "knock and announce" requirement according to the Texas Law Enforcement Handbook?
1) To reduce risk of violence inherent in any unannounced entry
2) To protect privacy by reducing the risk of entering the wrong premises
3) To prevent property damage
Courts have recognized that not every entry must be preceded by an announcement. The exceptions are "reasonable suspicion" that knocking and announcing would what?
1) Present a threat of physical violence
2) Be futile or a "useless" gesture
3) Result in the likelihood that evidence would be destroyed
A person __________ may be searched.
The area _________ ____ the person arrested may be searched.
When can the passenger compartment of a motor vehicle be searched?
Only if the officer can demonstrate he or she had reason to believe evidence of the crime for which the suspect was arrested will be found in the car.
The _______ ______ holds that a warrantless search of a readily mobile motor vehicle by a peace officer who has probable cause to believe that the vehicle contains incriminating items subject to seizure is not unreasonable under the Fourth Amendment.
Why is the warrantless search of motor vehicles permitted by the courts.
Because persons have a lessened expectation of privacy in a motor vehicle due to its inherent mobility and the fact that it is driven on public roads where its occupants and contents are in open view.
The automobile exception has two primary elements. What are they?
1) Readily mobile vehicle
2) Probable cause to believe vehicle contains contraband or criminal evidence
The Fourth Amendment does not protect ________?
Where does open fields begin?
Where the curtilage surrounding a dwelling ends
What is curtilage?
Considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
Consent to a search is considered a _______ of ________ (and must be voluntary and knowing)
waiver of constitutional protection
Who may give consent to search?
Only a person with a possessory or proprietary interest in the place to be searched my give consent.
What are some examples of relationships that can affect a consent to search?
1) Parent/child- may usually consent for minor child
2) Spouses- both may consent, one say no then no search
3) Roommates- own room/common area
4) Landlord/ tenant- may not consent for rented dwelling
5) Hotel/motel- clerks may not consent of room paid for
6) Employers- controlled by presence or absence of policy
7) Schools- administrators may peace officer no
What determines abandonment?
The intent of the person leaving behind or discarding the property and in doing so relinquishing all title, possession, or claim to that property
There are several categories of situations that have been identified as exigent circumstances. What are they?
1) Serious injury
2) Prevent eminent destruction of evidence
3) Dangerous weapons or instrumentalities
4) Community caretaking
Can officers prevent a person from entering home?
Yes. While obtain a search warrant based on probable cause that person has hidden contraband in his home
What are the two prerequisites to plain view?
1) Lawfully present to see what they see
2) Must be immediately apparent what they see is contraband or somehow connected with criminal activity
The basic premise underlying a consensual encounter is that it is __________.
What are some ways for an officer to establish a consensual encounter?
Ask the citizen: "May I talk to you?", "Can I have a minute of your time?", "Do you mind if I search you for...?" etc. Or simply walk up to the citizen and begin a conversation.
True or False: There is no requirement for a citizen to be informed of the right to refuse consent to an encounter.
A suspect's flight, when confronted with police presence, may give the officer _________ _________ to pursue and detain the suspect.
Reasonable suspicion. Note, however, that not all conduct that merely avoids contact with law enforcement is considered flight.
Presence in a high crime area, when coupled with observations of _________ _______, can create reasonable suspicion.
Officers are entitled to rely on their own _________ and ___________ in forming reasonable suspicion.
Knowledge and experience
Information provided by someone outside the circles of law enforcement may provide sufficient justification for a stop if it carries with it sufficient indicia of ________.
What are some factors that bolster the reliability of info from an informant?
reliability and reputation of the person, corroboration of the details contained in the tip by independent police work, and whether past info provided by the informant was accurate or useful.
True or false: an anonymous tip can create reasonable suspicion.
True: if it is corroborated by other observations and supported by indicia of reliability.
An officer does not violate a person's ________ Amendment by stopping and questioning someone who just committed a traffic violation in their presence.
True or False: Profiles of drug couriers are never relied on by officers to identify potential suspects.
False: They are relied upon, generally a match to the profile along with other observed conduct or circumstances that sufficiently heighten the suspicion.
What is a "Pretext" stop?
When officers have a hunch that the driver or passenger of a vehicle is committing a given crime but have no reasonable suspicion to stop the car, they observe a minor traffic violation in order to stop the vehicle and investigate the possible crime.
What serves as a deterrent to unlawful police conduct?
Exclusionary rule. Note: Texas has a broader exclusionary rule created by statute.
In a pre-trial, investigatory context, _________ ________ is the highest constitutional degree of suspicion.
True or False: Probable cause rises to the level of proof needed for a conviction.
False: Probable cause rises to the level of proof to make an arrest. Beyond a reasonable doubt is needed for a conviction.
A warrantless entry of a private dwelling will be allowed when police are in hot pursuit of a suspect who they have probable cause to believe committed what level of offense?
Officers may search the passenger compartment of the vehicle incident to the arrest, but only if:
The arrestee is within "reaching distance" of the passenger compartment at the time of the search, or, it is reasonable to believe the vehicle contains evidence of the offense of arrest.
True or False: Police may not "routinely" impound a vehicle solely because the driver was arrested.
True: Some example of reasons needed for impoundment are- vehicle is stolen, abandoned, is a traffic hazard, mechanically unsound, driver arrested w/ no alternative to impoundment, illegally parked, removal necessary due to accident, or driver consents.
When property has been abandoned, it no longer falls within the area of protection afforded by the ______ Amendment and can be searched or seized w/out warrant or justification.
When does an impoundment occur?
When peace officers take possession of a motor vehicle and move it to a parking lot or garage for safekeeping
What is an inventory (of a vehicle) and what purpose does it serve?
1) Its an administrative, caretaking procedure
2) Its designed to prevent false claims of lost or damaged property being made against the police as well as safeguard police/others from danger
What shall an operator do if they are involved in an accident that results in or is reasonably likely to result in injury to or death of another?
1) immediately stop at scene or as close as possible;
2) immediately return to scene if left scene;
3) immediately determine whether a person is involved and if they require aid;
4) remain at the scene until info is exchanged or aid is rendered.
What are the punishments for not complying with Sec 550.021 Accident Involving Personal Injury or Death? (Failure to Stop and Render Aide)
1) Death- 2nd Deg. Felony
2) SBI- 3rd Deg. Felony
3) Bodily Injury- Prison < 5 years, Jail >1 year; Fine <$5,000; or both
What shall an operator do if they are involved in an accident resulting in only damage to a vehicle?
1) Immediately stop at scene;
2) immediately return if left scene;
3) remain at scene until info exchanged or aid rendered.
True or False: If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle can be safely driven, the operators shall move the vehicles to a designated accident investigation site, frontage road, nearest suitable cross street, or other suitable area.
Punishments for not complying with 550.022 Accident Involving Damage to Vehicle: (Failure to Stop and Give Information)
-Class C if damage < $200
-Class B if damage > $200
-Class C if vehicles can be moved and are not.
The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to an attended vehicle shall:
1) give their name, address, registration number, and name of insurer to other operator;
2) if requested and available, show driver's license to other operator;
3) provide any person injured reasonable assistance, including transportation or arranging transportation to a hospital if treatment is necessary.
What shall an operator do if they strike an unattended vehicle?
Immediately stop and:
1) locate the operator and give them their name, address, and vehicle owner's name;
2) leave in a conspicuous place, securely attached to the unattended vehicle a written notice giving the name and address of the operator and the circumstances involved in collision.
What is punishment for offense under Duty on Striking Unattended Vehicle 550.024?
-Class C damage < $200
- Class B damage > $200
What shall an operator do if they are involved in an accident resulting in damage to a structure adjacent to a highway or a fixture or landscaping legally on or adjacent to a highway?
1) take reasonable steps to locate and notify the owner of the property and give operator's name, address, and registration number;
2) if requested and available, provide DL number;
3) Report the accident
Note Punishment same as others in this subchapter.
How many feet outside of a municipality can either the sheriff's office or local police department be given a report of an accident resulting in injury/death or inoperable vehicles?
Not more than 100 feet.
A peace officer who is notified of a motor accident resulting in injury to or death of a person or property damage to an apparent extent of at least $_______ may investigate and file justifiable charges.
According to Operator's Accident Report, if an accident occurs with injury, death, or $1,000 in damages and law enforcement does not investigate, how long does the operator have to make and file a written report?
Not later than the 10th day after the accident.
What two things may TxDOT require of the operator of a vehicle involved in an accident when they file their report?
1) Complete Supplemental report if original is insufficient;
2) Have a witness make a report with the department.
How long does law enforcement have to file an accident report with TxDOT?
Not later than 10th day after accident.
True or False: A peace officer, fire fighter, or EMS worker who is involved in an accident in the regular course of their duty and is found not at fault or damage less than $1,000 will not have the accident go on their driving record.
True or False: the department may not issue or renew the license of a person that, based on their driving record related to accidents, determines they would be inimical to the public safety.
List traffic investigation equipment officers can utilize.
- 100 ft tape measure
- rolo-tape or laser measuring device
- chalk, crayon, or paint
- flares or warning markers, cones
- flashlight (for nighttime)
- sketch paper
- traffic vest
- driver info forms
- tow slip
- crash report form
What do the following describe?
- Plan route of approach
- position patrol unit to protect accident scene
- set priorities for action at accident scene
- evaluate scene to determine severity by considering number of vehicles and extent of injuries.
Procedures for responding to the traffic accident scene.
Note- primary officer should take charge of the scene.
What is the order of safety?
1) Officer safety
2) Public safety
3) Other responders' safety
List responsibilities of law enforcement at the scene of an accident.
- assist in incident detection
- secure the accident scene
- assist disabled motorists
- direct traffic
- conduct investigation
- supervise scene clearance
Responsibilities of Fire personnel relating to traffic crashes.
- Protect accident scene
- assist in providing traffic control
- provide initial emergency medical care
- provide HAZMAT response and containment
- Fire suppression
- Crash victim rescue
List EMS responsibilities at crash scene.
- Provide advanced emergency medical care
- determine destination and transportation requirements of injured
- Relay injury information to appropriate medical facilities.
The following describe what?
-Coordinate and manage on-scene resources;
- care for injured/dead
- consider other relative safety factors
- administer first aid and summon additional medical aid if needed.
- in case of fire, notify fire department and remove injured from vehicle;
- check surrounding area for persons who may have been injured
note- Do not remove seriously injured people from their vehicle unless there is a fire.
True or false: when interviewing people involved in a traffic crash, you should interview all operators at the same time.
False, you should separate them.
What are two things you should obtain from an operator involved in a traffic crash?
- Driver's license
- Insurance Info
What are some relevant characteristics and behaviors of drivers involved in a traffic crash?
What are some physical appearance factors that may be relevant to crash investigation?
- DL restrictions
- Stance indicative of injury/intoxication
- vehicle equipment failure
- Brake failure claimed by driver
- steering failure
- headlights out
- # of occupants
- lack of safety belt
The following describe what?
- physical conditions of roadway
- debris on roadway
- time of day
- curved/straight roadway
- traffic control devices
Physical obstructions and environmental conditions that may contribute to an accident.
What are some ways to measure the crash scene?
- measure road widths, grade, vehicles, skid marks;
- locate area of impact
- locate final resting place of vehicles
- prepare sketch
- take photographs if necessary
What type of physical evidence should be collected at a crash scene?
- tire tread patterns, scuff marks, yaw marks
- gouge marks
- skid marks
- paint flakes
- vehicle fluids (can show direction of travel)
- VIN numbers
A graph on which three or more scales are arranged so that a straight line drawn through values on any two will cross the third at a corresponding value.
The following are factors that can contribute to a ________ __________:
- fail to yield right of way
- improper turning movement
- faulty equipment
- weather conditions
- driving conditions
- following too closely
- perception/reaction time and distance
- stopping distance
- Traffic crashes
- disabled vehicles
- spilled cargo
- highway maintenance
Common Traffic Incidents
- sporting events
- other events
Uncommon incidents of special events
True or False: Emergency vehicles have the highest priority in regards to traffic control.
True: officer should halt other traffic and allow for movement of the emergency vehicle.
If an agency allows, what should an officer use their vehicle to do in regards to directing traffic?
- funnel traffic through scene
- use as a safety barrier from traffic.
True or false: officers should limit the amount of flashing lights from their vehicles when directing traffic.
What type of whistle is used to instruct drivers to stop?
One long blast
What type of whistle is used to instruct drivers to start?
Two short blasts
What type of whistle is used as a warning signal?
three short rapid blasts.
True or False: when directing traffic to proceed with a flashlight, you should point your light at the driver while they drive past.
False: only shine towards them to gain their attention, then point towards ground to indicate the direction they are to proceed.
When stopping traffic with a flashlight, how should you move the beam?
Towards the oncoming traffic, back and forth at right angles. (not directly in driver's eyes)
What is some equipment needed for directing traffic?
- ANSI reflective vest
- Flares, cones, warning markers
- Flashlight, traffic cone
- traffic signal box key.
What are the 5 areas of a work zone?
1) Advanced warning area
2) Transition area
3) Activity Area
4) Work area
5) Termination area
This area of a work zone directs/allows traffic to see where to go ahead.
Advanced warning area
This area of a work zone moves traffic out of the path of the incident.
This area of a work zone is part of the activity area and provides protection for victims and responders.
This area of a work zone is part of the activity area and is the space where responders will be conducting various activities.
This area of a work zone allows traffic to return to normal operation.
the condition of the body that enables an individual to use his/her body in activities
consists a person's health/disease status and risk potential
what components of fitness can be divided into two categories
functional and health related fitness
is the key to performance and is directly related to the ability to perform job functions
principles of an execise program
regularity and recoverry
what is the acroynm FITT
frequency, intensity, time, type
types of fuel nutrients
carbs, proteins, fats
types of non fuel nutrients
vitamins, minerals, water
two types of carbs
simple and complex carbs
types of carbs that are sweet, soft drinks, white flour, ice cream
types of carbs that are potatoes, whole grains, beans, fruits, veggies
protein is made up of amino acids often called____of the body
tends to be solid at room temperature and mostly come from animal sources
tends to be liquid at room temperature and most often come from veggie source
cholesterol that is considered good
cholesterol that is considered bad
natural reaction of the mind and body to a demand placed on it
stressor that is preceived as positive
stressor that is preceived as negative
short term stress with a quick resolution
prolonged unrelieved stress also called cumulative
heavy duty stress that discomfort for 2 days up to a month
critical incident stress
stress prolonged pass 1 month often requiring medical help
PTSD post traumatic stress disorder
is a demand, real or imagined, that disrupts a person's equilibrium and initiates the stress response
3 parts of the nervous system
central nervous system
sympathetic nervous system
parasympathetic nervous system
nervous system that is the brain and spinal cord-the command center
central nervous system
nervous system that creates biochemical changes to the mind and body(fight or flight)
sympathethic nervous system
nervous system that responsible for rest,digestion & nutrients
parasympathetic nervous system
is the elevated alertness of surroundings required of law enforcement for survival
three basic approches to stress management
avoid, alter, adapt
thought stopping/blocking focus
progressive musclar relaxation
fine motor skills deteriorate at heart rates of
complex motor skill deteriorate at heart rates of
5 phases of transitions that persons who experience traumatic events
General U.S. population stats for the year 2009 for frequency of suicide
1 out every 14.2 minutes
writs with the objective of bringing a party before a court, or judge
Writ of Habeas Corpus
which article provides legislative power to congress
which article provide procedures for the president and vice pres.
which article established and set jurisdiction of the US Supreme court
the president must be a natural born citizen and must be the age of
to become president you must live in the US for how many years
whatis the structure of the criminal justice system
effects of criminal justice components interaction
increased arrest increases court dockets
court dispositions increas correctional populations
correctional releases often impacts system failure
court case that reflects the 5th amendment
Miranda v Arizona
court case that reflects the 1st amendment
Duran v City of Douglas, AZ
court case 14 day rule
Maryland v Shatzer
any one of the various, legally recognized, private injuries or wrong. a civil action
that portion of the law that defines the personal and property rights of individuals
law, which for the purpose of preventing harm to society
*means alcohol, or any beverage containing more than one-half of one percent of alchol by volume, which is capable of use for beverage purpose, either alone or when diluted
means an alcoholic beverage manufactured,distributed, bought, sold, bottled, mixed, stored, imported, transported on which a tax imposed by the law of this state has not been paid and to which the tax stamp, if required, has not been affixed
means a person who is the holder of a license
means a person who is the holder of a permit
To sell beer must obtain a
To sell liquor you must obtain a
According to TABC, means a person under 21 years of age
Means the grounds and all buildings, vehicles, appurtenances pertaining to the grounds, including any adjacent if they are directly or indirectly under the control of the same perrson
Who shall enforce the provisions of the TABC and cooperate with and assist the commission in detecting violations and apprehending offenders?
All peace officers in the state, cities and counties
T or F: A peace officer may arrest without warrant any person he observes violating any provision of the TABC
When a person is arrest for violation of TABC, what shall the officer do with the illicit beverage that the person have in his possession or on his premise?
The officer shall take possession of the illicit beverage
A peace officer may seize without a warrant
-Any illicit beverage, its container and packaging
-Any equipment designed for use in manufacturing
-Any material to be used in manufacturing
A peace officer who makes a seizure shall make a report in
In the report for a seizure of illicit beverages it should list
-Each item seized
-Name of the owner or operator
When a peace officer make a report of illicit beverages, one copy of the report shall be verified by
A peace officer who makes a false report of property seized can be charged with a
Felony punishable to TDCJ 2-5 years
A peace officer who fails to file a report of seizure can be charged with a
Misdemeanor punishable to fine of $50-$100 or 10-90 days in jail or both
*A person commits an offense if the person possesses an open container or consumes an alcoholic beverage near a public school within___ feet of the property
*What is the penalty for consumption of alcoholic beverages near schools?
*Class C Misdemeanor
T or F: A minor commits an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the code
False: A minor does not commit an offense if purchase alcoholic beverage under direct supervision of a peace officer
*What is the penalty for sale of alcohol to a minor?
Class A Misdemeanor
*A person who sells a minor alcoholic beverages does not commit an offense if the minor does this
Falsely represents himself to be 21 years of age by displaying an apparently valid proof of identification that contains a physical description and photo consistent with the minor's appearance
*What makes consumption of alcohol by a minor an affirmative defense to prosecution?
*When the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse
A minor commits an offense if the minor operates a motor vehicle in a public place while having___detectable amount of alcohol in minor's system
When can a minor possess an alcoholic beverage?
-While in the course or scope of the minor's employment if minor is an employee
-If the minor is in visible present of adult parent, guardian, spouse
-If the minor is under the immediate supervision of a commissioned officer
Penalty for purchase for or furnishing alcohol to a minor
Class A Misdemeanor
A person's driver's license is automatically____on final conviction of an offense of purchase of alcohol or furnishing to minor
What is the period of suspension of driver's license for purchase of alcohol or furnishing a minor?
A suspension of permit/license can occur for___days for failure to report breach of the peace
*In an EXTENDED hours area, a person commits an offense if he CONSUMES or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between___
*2:15 a.m. and 12 noon
*In an EXTENDED hours area, a person commits an offense if he CONSUMES or possesses with intent to consume an alcoholic beverage in a public place any other day but Sunday between___
*2:15 a.m. and 7 a.m.
No person may sell, offer for sale, or deliver any LIQUOR on what days?
-New Year's Day
or before 10 a.m. or after 9 p.m. on any other day
A MIXED beverage permitte may sell and offer for sale mixed beverages between what times on ANY day except Sunday?
7 a.m. and midnight
A MIXED beverage permitte may sell and offer for sale mixed beverages between what times on Sunday?
Midnight and 1 a.m.
10 a.m. and midnight
1o a.m. and 12 noon must be during food service
A person may sell, offer for sale, or deliver BEER between what times on ANY day except Sunday?
7 a.m. and midnight
A person may sell, offer for sale, or deliver BEER between what times on Sunday?
Midnight and 1 a.m.
Noon and midnight
1o a.m. and 12 noon must be during food service
Penalty for Sale to intoxicated persons
Misdemeanor $100-$500 or 1 yr in jail or both
means not having the normal use of mental or physical faculties by reason of alcohol, controlled substance or drug or alcohol concentration of .08 or more
The person who swears to an affidavit or statement
A written or printed statement or declaration of facts made voluntarily and sworn to or affirmed by an affiant
A court approved method of delivering a court document to an uncooperative defendant
A pleading in a civil matter in which one party responds to the claim of another party
A request or complaint toa higher court to correct an injustice or error committed by a lower court
The seizure of persons or property so that they will come under the custody and control of the court
A writ similar to an arrest warrant commanding a peace officer to take a person into custody to answer to specific charges
Official process by which a plantiff gives a defandant notice of suit
An affidavit or sworn statement made before the court which charges the commission of an offense
A court whose proceedings are recorded by a court reporter
Court of Record
A judgement entered by the court upon the failure of a party to plead or appear at the appointed time
Persistent activity; Prudence or Care
A writ issued by a court of competent jurisdiction, commanding an officer to collect the judgement amount
Property specified by statute, which may not be seized or sold to satisfy an execution or attachment
An order issued by a family court to prohibit a defendant from cerrtain acts including further family violence and requiring the defendant to appear in court on a specified date and time
Ex Parte Protective Order
(Eviction Suit) Provide a summary, Speedy, Simple, and Inexpensive remedy for determination of who is entitled to possession of real property and/or post due rent
Forcible Entry and Detainer
A statutory proceeding whereby a person's property, money, credits of a debtor in possession or under control of or owing by another
Honesty of intention;sincerity
A person appointed by the court to represent a minor
Guardian Ad Litem
(You have the body) Court order that commands anyone having a person in custody or their control to produce the person and show why that person is being held or under restraint
On account of poverty, is allowed to sue or defend without being chargeable with cost
Commands the person to whom it is directed to desist or refrain from the commission or continuance of the act enjoined or to obey and execute such order as the court has seen proper to issue
The money amount involved in the particular case or dispute by which the jurisdiction of the court to determine the case is measured
To collect, gather, take up, seize, or execute on monies, real or personal property under lawfully issued writ
Being responsible for actual damages, punitive damages or possible loss
A civil public officer invested with powers and functions which may be judicial, executive, or legislative in nature
A written or oral application for ruling from the court
To make an application to a court to rule, order, or take action in a matter
An order, writ, or process commanding the officer to do some act within the officer's power
Any form of affirmation by which a person agrees to be is bound in conscience to perform an act faithfully and truthfully
Bearing witness to another's signature being affixed to a document
Every direction of a court or judge; a mandate or command
Articles associated with a person, as opposed to real property(land)
A document filed by the plantiff with the clerk of the court that outlines the basis of the complaint aganist the defendant and the relief being sought from the court
A person who complains or sues in a civil lawsuit and is so named on the record
The answer, which the defendant in a legal proceeding makes to the complaint aganist the defendant
Oral or written statements made to the court presenting the claims and defenses of the parties
An order or direction coming from a court or other authority to an officers, commanding the officer or officers to do some act within the scope of their powers;a rule which imposes a standard of conduct
An order issued by a family court to order the protection of a family member of a household against further family violence.
Land and generally whatever is built, growing upon, or affixed to it
Allows a commercial or residential tenant to resume possession of a leased premise after an unlawful lockout
To redeliver goods that have been seized by an officer to the original possessor of them to determine the legality of the seizure
The endorsement by an officer upon a process stating what, where, when, why, how, and to whom service and compliance of the commands within the process were made
The body of law promulgated by the Texas Supreme Court to establish the manner and means by which civil cases are determined by the courts
Rules of Civil Procedure
The setting aside of specific property to which a party to a suit has claim of ownership. Allows parties to protect and preserve the property during the suit
The delivery of a writ, notice,or injunction
An order issued to a party to appear as directed and present to the court reasons or considerations why a particular order or decree should not be acted upon are why they should not be held in contempt
A process commanding a witness to appear and give testimony at a specific place and time
Delivery of process in a method other than personal service
An order to a person to appear in court on a specific date to answer a case filed against the person
Issued by a court to a defendant restraining them from doing or prohibiting certain acts. It's date sensitive and a hearing date commanding appearance no more than 14 days from issuance
Temp Restraining Order
A private or civil wrong or injury
Proceedings in open court during which the ultimate issues in a case are determined by fact finder(judge or jury)
The place where a case is tried
A person whose declaration under oath is receivd as evidence for purpose
Allows a landlord who prevails in an eviction suit to regain possession of the premises that were in dispute
Writ of Possession(Eviction)
Judgement is for personal property, the court may award a special writ for seizure and delivery of such property to the plantiff
Writ of Possession(Particular Property)
When an alleged civil wrong occurs, the civil action is not usually limited to just the individual officer but who is affected?
The agency or political subdivision that represents the commissioning authority of the officer
Who are the potentially liable parties?
T or F: Can a peace officer be charged criminal and civilly?
____law regulates the conduct of individuals through threaths of fines and imprisonment.
____law defines the legal significance of public and private acts and regulates conduct through injunctions and the award of money damages
Which is considered the plantiff suit? Criminal or Civil Law
What are the two types of Contempt of Courts?
-General Contempt of Court
-Constructive Contempt of Court
Courts are granted broad authority to ensure the proceedings are conducted with dignity and in an orderly and expeditious manner.-Describes what type of Contempt of Court?
General Contempt of Court
General Contempt of Court fines/punishments for County Courts
not more than $500 or 6 mths jail or both
General Contempt of Court fines/punishments for Justice and Municipal Courts
$100 or 3 days in jail or both
Generally used to gain compliance with civil orders. If a person has failed to obey a court's order a Show Cause can be issued and served to that person. Describes what type of Contempt of Court?
Constructive Contempt of Court
The Constitution provides how many courts per county and Justice of the Peace Courts
The____court is the constitutional court of the county with the County Judges as the Magistrate
Court that handles Class C Misdemeanors, Health and Safety, City Ordinances, Animal Cruelty and Truancy
Court that handles Small Claims Court(up to $10,000), Landlord Tenants Suits
Justice of the Peace
Court that handles Civil jurisdiction up to $10,000, non contested probate matters, Class C misdemeanor appeal from Municipal and Justice of the Peace Courts
Constitutional County Court
T or F: Pre Judgement Writs may be issued at the time of the filing also and may be issued if no case has been filed.
False: Pre Judgement Writs may not be issued if no case has been filed
Who are persons authorized to serve process?
Sheriff, Constables, their Deputies, Servers Certified by the Supreme Court and any person over 18 by court order
Documents that involve seizure of property or person or evictions may only be served by whom
Sheriff, Constables and their Deputies
T or F: The officer must return a copy of the process served with a detail of the delivery to the court
A citation may not be served on what day of the week?
What are the duties of a officer or person serving a citation?
-Endorse the date and time received document
-Shall execute and return them without delay
Service of the citation is not complete until the document is returned to the
Methods of Service for Citations
-In person to the defendants
-By alternate service
-Publication- Publication good on Sunday
Who can serve documents is done under rules?
103 & 536
How service of a citation is perfected on the defendant is under rules?
106 & 536
Service of Writs is under rule?
The court conducts a hearing to settle all issues alleged in the application/petition. Either party has___days to perfect an appeal of the trial courts ruling.
The party who received the judgment may ask the court to issue judgment enforcement documents if no appeal has been filed and the judgment has not been satisfied after___days from the date judgment was granted
Pre Judgment Writs are available when?
After the suit has been filed and before a judgment has been rendered
Who may serve a pre judgement writ that does not order the seizure of property?
T or F: It is a peace officer responsibility to go with the certified server to serve documents
False: Peace Officer do not have a responsibilty to go with a certified server to serve documents
Methods of Service Pre Judgment Writs
-to the defendant's authorize agent or attorney
-by courier or certified or registered mail
-by telephonic document transfer
How is a civil Temporary Restraining Order enforced?
by Contempt of Court
To stop or impose a duty on someone
Temporary Restraining Order(TRO)
A distress warrant may only be issued by who?
a Justice of the Peace court
Is a Landlord Lien enforcement for Commercial and Agricultural tenants when back rent is due
Who may serve a Writ of Execution?
Sheriff or Constable
Personal Property exemption are up to $____for single adult
$30,000 single adult
Personal Property exemption are up to $____for family
Writ of Garnishment is served by?
Sheriff, Constables, Certified Server
A Writ of Garnishment is served on who?
the Garnishee(person or institution)
Turnover Orders are served by?
Sheriff or Constable
Writ of Possession is served by?
Sheriff or Constable
Order of Sale is executed by?
Sheriff or Constable
Order of Sale orders the officer to take possession of real or personal property and____
to sell it
Writ of Attachment is served by?
Sheriff or Constable
In regards to a Divorce Decree, an officer may use____ to enforce the terms of child custody specified in this order.
Landlord must give the tenant___before an eviction
An eviction citation may be delivered to the defendant or anyone over the age of___
When an eviction citation is issued the hearing is no less than__days and no more than__days from the date of service
When an eviction citation is issued parties have___ days to appeal the judgment
If the landlord prevailed and the defendant has not moved on the 6th day a Writ of___is issued to the Sheriff or Constable to remove the tenant and his belongings from the rental unit
Writ of Possession
T or F: The officer has no liability toward the property moved to the curb once the officer leaves the location, in regard to eviction citation
Landlord must give___ before lockout
During a lockout of a residential tenants, the landlord must have key available___hours a day
24hrs(at any time)
During a lockout for commercial tenants, the tenant must do the following before they can receive the key and what time of day must this occur
Commercial tenant must pay the back rent and only during normal business hours
If a judge rules that a lockout was illegal he may issue a Writ of___ directing a landlord to let the tenant back in
Writ of ReEntry
During a Writ of ReEntry a Sheriff or Constable may use what amount force to put the tenant back into the rental unit
When is a Constable serving civil process in his or her "Official Capacity"?
Any time or place
Service of a citation by publication must occur at least___days before return day of citation
A person who receives a civil subpoena is compelled to be in court if he resides within___miles of the trial county
The fee that is collected by a Constable for service of a civil citation is set by____court
Fees paid to Constable's for serving civil process in their Official Capacity must be deposited with___
County Treasurer of the Constable's county
How many days does a person have that has been served a small claims citation from a Justice Court
until Monday following 10 days
An eviction suit must only be filed in what court?
Justice Court precint where property is located
The landlord must give the tenant at least___days before filing for an eviction suit
A Writ of Possession is completed when the officer executing the Writ delivers possession to__
What size must the written notice be__
8 1/2 x 11 inches
Four dates and times after executing Writ of Possession
Dates and Times:
-Posting of final warning
-Noted on the final warning that the writ would be executed
-Actual execution of the writ
When you receive a bankruptcy notice regarding a Writ of Possession you should
Stop all actions and confirm the bankruptcy
A Temp Restraining Order shall not exceed___days
Who may issue a Writ of Attachment
District, County or Justice Court
What parties are involved in a Writ of Garnishment
Plantiff, Defendant, Third Party
Judgments are good___years and may be renewed once each___years
Writs of Execution may be issued by___
-County Courts at Law
A Writ of Execution may normally be issued___days after the date of judgment
Rural homestead exemption may be up to___acres for family
Rural homestead exemption may be up to___acres for single person
Means a bodily movement, whether voluntary or involuntary and includes speech
Means a person whose criminal responsibility is in issue in a criminal act
Means a person other than the actor
Means physical pain, illness, or any impairment of physical condition
A firearm or anything designed, made, or adapted for the purpose of inflicting death or serious bodily injury
Means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurment
Serious bodily injury
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is_____
Proved beyond reasonable doubt
The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and______that the defendant or defendant's conduct does not fall within the exception.
prove beyond a reasonable doubt
If the issue of the existence of a____is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires the defendant be acquitted
If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by_____
A preponderance of evidence
Means the commission of two or more offenses committed pursuant to the same transaction that are connected
List the cupable mental states
List the Defenses to Criminal Responsibility
-Mistake of Fact
-Mistake of Law
-Child mental ill, disability, lack of capacity
It is an____ to prosecution that at the time of the conduct charged the actor as a result of severe mental disease or defect did not know that his conduct was wrong(Insanity)
It is _____ that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense(Mistake of Fact)
A Defense to prosecution
It is___ that the actor was ignorant of the provisions of any law after the law has taken effect.(Mistake of Law)
No defense to prosecution
T or F: There is no defense to prosecution for voluntary intoxication
It is an____to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another(Duress)
It is a____that the actor engaged in the conduct charged because he was induced to so by a law enforcement agent using persuasion to cause a person to commit the offense(Entrapment)
Defense to Prosecution
A person may not be prosecuted for or convicted of any offense that the person committed when younger than__years of age(Age Affecting)
Whenever two or more offenses have been consolidated or joined for trial the defendant shall have a right to___ of the offenses
Means 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
Offenses are designated as___or__
Felonies or Misdemeanors
What are the three categories of Misdemeanors?
Class A, B, C
What are the five categories of Felonies?
First, Second, Third degree felonies
State Jail Felony
Punishment for a Class A Misdemeanor
$4,000 or one year in jail or both
Punishment for a Class B Misdemeanor
$2,000 or 180 days in jail or both
Punishment for a Class C Misdemeanor
Fine not to exceed $500
Punishment for Capital Felony
In a case which the state seeks the death penalty shall be punished by imprisonment TDCJ for life without parole or death
Penalty: First Degree Felony
imprisonment in TDCJ for life or not more than 99 years or less than 5 years
Punishment for Second Degree Felony
imprisonment in TDCJ for not more 20 years or less than 2 years
Punishment: Third Degree Felony
imprisonment in TDCJ for not more than 10 years or less than 2 years
Penalty:State Jail Felony
confinment in state jail for not more than 2 years or less than 180 days
A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended
With intent that a felony be committed he agrees with one or more persons that they or one or more engage in conduct that would constitue the offense and he or one or more of them performs an overt act in pursuance of the agreement
With intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct
Means a belief that would be held by an ordinary and prudent man
Means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense
Types of Criminal Homicide
-Criminally Negligent Homicide
Means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection
Means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense
Cupable Mental for Murder
Intentionally or Knowingly
Offense: Intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual
Offense: commits or attempts to commit a felony, other than manslaughter, and in the course of and in the furtherance of the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual
Penalty for Murder
Felony of the first degree
Offense: if the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer
Offense: if the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat
Penalty for Capital Murder
Offense: the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder
A person commits an offense if he recklessly causes the death of an individual
Penalty for Manslaughter
Felony of the Second Degree
A person commits an offense if he causes the death of an individual by criminal negligence
Criminally Negligent Homicide
Penalty for Criminally Negligent Homicide
State Jail Felony
Means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person
Means to restrain a person with intent to prevent his liberation by secreting or holding him in a place where he is not likely to be found or using or threatening to use deadly force
Affirmative defense to this offense : If the person restrained was a child younger than 14 years of age and the actor was a relative of the child and the actor's sole intent was to assume lawful control of the child
Unlawful Restraint(Class A)
A person commits an offense if he intentionally or knowingly abducts another person
Penalty for Kidnapping
Felony of the 3rd degree
What makes kidnapping aggravated?
-hold him for ransom or reward
-uses him as a shield or hostage
-facilitate the commission of a felony
-inflict bodily injury on him or violate him sexually
-terrorize him or a third person
-interfere with the performance of any governmental or political function
A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense
Penalty for Aggravated Kidnapping
Felony of the 1st degree
A person commits an offense if the person intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to conceal the individual from a peace officer
Smuggling of Persons
Means any penetration of the female sex organ by the male sex organ
Case law that declared Homosexual Conduct unconstitutional
Lawrence v Texas
Offense: Engages in sexual intercourse, deviate sexual intercourse, sexual contact or contact between person's mouth or genitals and the anus or genitals of a animal in a public place or if not in public he is reckless about whether another is present who will be offended or alarmed
Penalty for Public Lewdness
A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person and he is reckless about whether another is present who will be offended or alarmed
Penalty for Indecent Exposure
A person commits an offense if with a child younger than 17 years of age engages in sexual contact with the child or causes the child to engage in sexual contact with intent to arouse or gratify the sexual desire of any person,exposes a person's anus or genitals or causes the child to expose himself
Indecency with a Child (Felony2)
A person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another or threathens another with imminent bodily injury, including the person's spouse
Penalty for Assault
Penalty if assault on a public servant while lawfully discharging an official duty
Felony 3rd degree
A person commits an offense if the person intentionally or knowingly causes the penetration of the anus,sexual organ, or mouth without that person's consent
Penalty for Sexual Assault
Felony of 2nd degree
A person commits an offense if the person commits assault and causes serious bodily injury to another, uses or exhibits a deadly weapon during the commission of the assault
Penalty for Aggravated Assault
Felony of 2nd degree
A person commits an offense if the person intentionally or knowingly causes the penetration of the anus,sexual organ, or mouth without that person's consent and cause serious bodily injury or attempts to cause the death of the victim or uses or exhibits a deadly weapon, or if victim is younger than 14 or over 65.
Aggravated Sexual Assault (Felony 1)
A person commits an offense if he Abandons or Endangers a Child younger than___years of age
15 years of age
A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury
A person commits Deadly Conduct if he knowingly discharges a firearm at or in the direction of?
-one or more individuals
-a habitation, building, or vehicle and is reckless as to whether they were occupied
Penalty for Deadly Conduct if he recklessly engages in conduct that places another in imminent danger of serious bodily injury
Penalty for Deadly Conduct if he knowingly discharges a firearm at a individual or habitation
Felony of 3rd degree
Offense:A person commits an offense if he threathens to commit any offense involving violence to any person or property
Offense: A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit sucide
Penalty for Aiding Suicide
In Aiding Suicide if conduct causes suicide or attempted suicide what is the penalty?
State Jail Felony
A person commits an offense if he intentionally or knowingly leaves a child in a vehicle for longer than___minutes
A person commits an offense if he leaves a child in a vehicle that is younger than____years of age
7 years of age
A person commits an offense if he leaves a child in a vehicle and not attended by an individual in the vehicle who is____years of age or older
14 years old
Offense:An individual commits an offense if he legally married and he purports to married another or does marry a person other than his spouse
If a person engages in sexual intercourse with family member or relative what is this offense called?
Prohibited Sexual Conduct
Offense: A person commits an offense if the person takes or retains a child younger than 18 years of age when the person knows that taking the child violates the express terms of a judgement or order or when the person has not been awarded custody by a court
Interference with Child Custody
Penalty for Interference with Child Custody
State Jail Felony
Offense: A person commits an offense if the person agrees, for remuneration or promise of remuneration to abduct a child younger than 18 knowing that the child is under care or control of person having custody under a court order
Agreement to Abduct from Custody
Penalty for Agreement Abduct from Custody
State Jail Felony
Offense: A person commits an offense if with the intent to interfere with the lawful custody of a child younger than 18 years he knowingly persuades, entices or takes the child from custody of parent or guardian
Enticing a Child
Penalty for Enticing Child
Offense: An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual's child younger than 18 years of age
Penalty for Criminal Nonsupport
State Jail Felony
Offense: A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child is younger than 18 years has escaped custody of a peace officer or is voluntarily absent from the child home without the intent to return
Harboring a Runaway Child
Penalty for Harboring a Runaway Child
In the offense Continuous Violence Against the Family what is the duration period in which must occurs?
12 months or less
Means a structure or vehicle that is adapted for the overnight accommodation of persons
Means any structure or enclosure intended for use or occupation a habitation or for some purpose of trade, manufacture, ornament
Offense: A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion
Arson (Felony2) (Felony 1 if causes SBI or death or if place burned was a place of worship or habitation)
Offense: A person commits an offense if without the effective consent of the owner he intentionally or knowingly damages or destroys the tangible property of the owner and causes pecunaiary loss or substantial inconvenience
Criminal Mischief: Penalty for pecuniary loss is less than $50
Criminal Mischief: Penalty for pecuniary loss is $50 or more but less than $500
Criminal Mischief: Penalty for pecuniary loss is $500 but less than $1500
Penalty for Criminal Mischief if damage or destruction is inflicted on a place of worship or human burial
State Jail Felony
Penalty for Reckless Damage or Destruction
Offense: A person commits an offense without consent of the owner the person intentionally or knowingly makes markings, including inscriptions,slogan, drawing or painting with paint
In the course of committing theft that occurs in an attempt to commit during the commission or in immediate flight after the attempt or commission of theft
Offense: In the course of committing theft and with the intent to obtain or maintain control of the property and intentionally, knowingly, recklessly causes bodily injury
Offense: A person commits an offense if he commits robbery and causes serious bodily injury, uses or exhibits a deadly weapon
If a person commits robbery and cause bodily injury to a 65 year old person or disabled person whats the offense?
Penalty for Aggravated Robbery
Felony of the 1st degree
Means three or more persons having a common identifying sign or symbol of identifiable leadership who continuously or regularly associate in the commission of criminal activities
Criminal Street Gang
Means three or more person who collaborate in carrying on criminal activities
Offense: A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has been lawfully arrested
Failure to Identify
-Class C for simple refusal to give name/address
*Class B if person is fugitive from justice
-Class B for giving false Identifying info to peace officer
*Class A if person is fugitive from justice
Offense: A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer from effecting an arrest, search, or transportation
Resisting Arrest, Search, or Transportation
Penalty for Resisting Arrest, Search, or Transportation
Offense:A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain
Evading Arrest or Detention
Offense: A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense
Hindering Apprehension or Prosecution
In regards to Hindering Apprehension or Prosecution a person commits an offense with the intent to hinder the arrest of another under the authority of a warrant or capais if he does this?
-harbors or conceals the other
-provides or aids in providing the other with any means of avoiding arrest or effecting escape
-warns the other of impending discovery or apprehension
Penalty for Hindering Apprehension or Prosecution
Offense: A person commits an offense if the person escapes from custody when the person is under arrest, lawfully detained, charged with, or convicted of an offense.
Offense: A person commits an offense if he knowingly causes or facilitates the escape of one who is in custody
Permitting or Facilitating Escape
Means a person for whom a valid arrest warrant has been issused
Fugitive from Justice
Penalty: If a person takes a weapon from a peace officer
Felony of 3rd degree
Penalty: If a person attempts to take a weapon from a peace officer
State Jail Felony
Offense: A person commits an offense if he takes or attempts to take a weapon from a peace officer
Taking or Attempting to take Weapon from Peace Officer
Offense: A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, with a peace officer,ems, fire fighter etc...while they're performing their duties
Interference with Public Duties
Penalty for Interference with Public Duties
Means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider
Police Service Animal
Offense: A public servant acting under color of his office or employment commits an offense if he intentionally subjects another to mistreatment or arrest, detains or search a person when he knows conduct is unlawful
Offense: A public servant acting under color of his office or employment commits an offense if he intentionally subjects another to sexual harrassment
Penalty for Official Oppression
Means any contact between any part of the genitals of one person and the mouth or anus of another person
Deviate sexual intercourse
Offense: A person commits an offense if he intentionally or knowingly fights with another in a public place
Offense: A person commits an offense if he intentionally or knowingly discharges a firearm in a public place
Offense: A person commits an offense if he intentionally or knowingly exposes his anus or genitals in a public place and is reckless about whether another maybe present who will be offended or alarmed by his act
Penalty for Disorderly Conduct
Penalty for Disorderly Conduct if displays a firearm or other deadly weapon in a manner calculated to alarm or discharges on or across a public road
Riot is the assemblage of___or more persons
Penalty for Riot
Offense: A person commits an offense if he intentionally, knowingly, or recklessly makes a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit impassable to which the public or a substantial group of the public has access
Obstructing Highway or Other Passageway
Penalty for Obstructing Highway or Other Passageway
Penalty for Silent or Abusive Calls to 911 Service
Offense: A person commits an offense if with intent to harrass, annoy, alarm, abuse, torment, or embarrass another
Penalty for Harrassment
Penalty for Stalking
Felony 3rd Degree
A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of____or more
Offense: A person commits an offense if the person knowingly offers to engage, agrees to engage, or engages in sexual conduct for a fee
Penalty for Prostitution first conviction
Offense: A person commits an offense if acting other than as a prostitute receiving compensation for personally rendered prostitution services he or she recieves money to an agreement to participate in the proceeds of prostitution or solicits another to engage in sexual conduct for compensation
Promotion of Prostitution
What makes Promotion of Prostitution aggravated? (Felony3 [Felony1 if prostitute is under 18])
If a person knowingly owns, invest in finances, controls, supervises or manages a prostitution enterprise that uses 2 or more prostitutes
Penalty for Aggravated Promotion of Prostitution
Felony of 3rd degree
Offense: A person commits an offense if the person knowingly causes another by force, threat, or fraud to commit prostitution
Penalty for Compelling Prostitution
Felony 2nd degree
Blackjack, nightstick, mace, tomahawk are examples of a___
Any incendiary bomb, grenade, rocket, or mine designed, made, or adapted for the purpose of inflicting serious bodily injury, death or substantial property damage
Means any device designed, made or adapted to expel projectile through a barrel by using the energy generated by an explosion
Means any firearm that is designed, made, or adapted to be fired with one hand
What makes a knife illegal?
Blade over five and one half inches
Means a bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument
Means any instrument that consists of finger rings or guards made of hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed
Means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger
Short-barrel firearm means a rifle with a barrel length less than___inches or a shotgun with a barrel length of less than___inches or any weapon made from a shotgun or rifle an overall length of less than___inches
overall length-26 inches
Means a device that reasonably appears to be an explosive or incendiary device
Means a device or combination of devices that was not orginally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion
Means a device, including a caltrop or spike strip, that when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires
Tire Deflation Device
In regard to Unlawful Carrying Weapons, a person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a____, _____, or_____ if the person is not on the person's own premises
Handgun, illegal knife or club
Penalty for Unlawful Carrying Weapons
Offense: A license holder commits offense if the license holder carries a handgun on or about the license holder's person and intentionally displays the handgun in plain view of another person in a public place
Unlawful Carrying of Handgun by License Holder
Penalty for Unlawful Carrying of Handgun by License Holder
In regards to Prohibited Weapons, a person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs or sells these types of weapons:
-Short Barrel firearm
-Chemical dispensing device
-Tire deflation device
In regards to Unlawful Possession of a Firearm, a person convicted of a____ cannot possess a firearm after conviction and before the___anniversary of the person's release from confinement
Which Prohibited Weapon is the only one punishable by a Class A misdemeanor?
Penalty for a Hoax Bomb
Means an agreement to win or lose something of value solely or partially by chance
Means a scheme by three or more persons to receive, record, or forward a bet or an offer to bet
Means any real estate, building, room, tent, vehicle, boat, or other property, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices
Offense: A person commits an offense if he makes a bet on the partial or final result of a game or contest or on the peformance of a participant in a game or contest
Penalty for Gambling
Offense: A person commits an offense if he operates or participates in the earnings of a gambling place or engages in bookmaking
Penalty for Gambling Promotion
Offense: A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, or other property whatsoever owned by him or under his control or rents or lets any such property with a view or expectation that it be so used.
Keeping a Gambling Place
Penalty for Keeping a Gambling Place
Offense: A person commits an offense if he is in possession of a burning tobacco in a public place where prohibited
Penalty for Smoking Tobacco
Means the number of grams of alcohol
Alcohol Concentration for liters of breath
Alcohol Concentration for milliliters of blood
Alcohol Concentration for milliliters of urine
Means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances and other substances into the body
Intoxicated mean having an alcohol concentration of___or more
Offense: A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another
Penalty for Public Intoxication
Offense: A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway
Possession of Alcoholic Beverage in Motor Vehicle
Penalty for Possession of Alcoholic Beverage in a Motor Vehicle
Offense: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place
Driving While Intoxicated
Penalty for DWI
Class B, with a minimum term of confinement of 72hrs.
Driving While Intoxicated with child passenger who is younger than___years of age
15 years of age
Penalty for Driving While Intoxicated with Child Passenger
State Jail Felony
Offense: A person commits an offense if the person, by accident or mistake while operating a motor vehicle in a public place while intoxicated causes serious bodily injury to another
Penalty for Intoxication Assault
Felony of 3rd degree
Offense: A person commits an offense if the person operates a motor vehicle in a public place and is intoxicated and causes the death of another by accident or mistake
Intoxication Manslaughter (Felony2)
Offense: A person commits an offense if, without the effective consent of the owner, the person enters a habitation, or building or any portion of a building not then open to the public, with intent to commit a felony, theft, or an assault
Means to intrude any part of the body or any physical object connected with the body
Penalty for Burglary if committed in a building other than a habitation
State Jail Felony
Penalty for Burglary if committed in a Habitation
Felony of 2nd degree
Offense: A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated or coin collection machine
Burglary of a Coin Operated Machine
Penalty for Burglary of a Coin Operated Machine
Offense: A person commits an offense if without effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft
Burglary of Vehicle
Penalty for Burglary of a Vehicle
Offense: A person commits an offense if the person enters or remains on or in property without the owner's effective consent
Criminal Trespass(Class B, except Class A if in a habitation or shelter)
Means the intrusion of the entire body
Means to withhold property from the owner permanently or for some extended period of time that a major portion of the value or enjoyment of the property is lost to the owner
Means to acquire property or service by theft
Offense: A person commits an offense if he unlawfully appropriates property with the intent to deprive the owner of the property.
Theft: penalty if the value of the property stolen is less than $50
Theft: penalty if the value of the property stolen is $50 less than $500
Theft: penalty if the value of the property stolen is $500 less than $1500
Offense: With intent to avoid payment for service that the actor knows only is provided for compensation
Theft of Service
Offense: A person commits an offense if he intentionally or knowingly operates another's boat, plane or motor-propelled vehicle without effective consent of the owner
Unauthorized Use of a Vehicle
Penalty for Unauthorized Use of a Vehicle
State Jail Felony
Means to alter, make, complete, execute, or authenticate any writing so that it purports to be the act of another who did not authorize that act
Penalty for Forgery
Penalty for Forgery if its a will, deed or mortgage
State Jail Felony
Offense: A person commits an offense if with intent to obtain a benefit fraudently, he presents or uses a credit card or debit card that has not been issued to him and is not used with the effective consent of the cardholder
Credit and Debit Card Abuse
Penalty for Credit and Debit Card Abuse
State Jail Felony (Felony 3 if victim is elderly [65+])
Offense: A person commits an offense if the person knowingly acquires or maintains an interest in, conceals, possesses, transfers,or transport the proceeds of criminal activity
Offense: A person commits an offense 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
Offense: A person makes a false statement under oath
Penalty for Perjury
Offense: A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation
False Report to Peace Officer
Penalty for False Report to Peace Officer
Offense: A person makes false statement and is made during or in connection with an official proceeding and is material
Penalty for Impersonating Public Servant
Felony 3rd degree
Objective of the Penal Code is to establish a system of___,___,and___ to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interest for which state protection is appropriate.
Prohibitions, Penalities, Correctional Measures
Means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested
Means a threat
Means an act or ommission and its accompanying mental state
Means assent in fact, whether express or apparent
Means anything that in the manner of its use or intended use is capable of causing death or serious bodily injury
Means an offense so designated by law or punishable by death or confinement in a penitentiary
Means anything reasonably regarded as loss, disadvantage, or injury
Means an offense so designated by law or punishable by fine, by confinement in jail or both
Means a constitution or statue of this state or of the U.S. or a rule authorized by and lawfully adopted under a statue
Means failure to act
Means an individual, corporation, or association
Means actual care, custody, control, or management
Means any place to which the public or substantial group of the public has access
Means criminal or tortious(wrongful) or both
A defendant may be prosecuted in a___criminal action for all offenses arising out of the same criminal episode
A person acts___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 person acts___with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist
A person acts___ with respect to circumstances surrounding his conduct or the result of his condut when he is aware of but consciously disregards a substantial and unjustifable risk that the circumstances exist or the result will occur
A person acts___with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur
What is the date the Code took effect?
Jan 1, 1966
The Code is intended to embrace rules applicable to the___ and___ of offenses against the laws of this State, and to make the rules of procedure in respect to the___and___ of offenses intelligible to the officers who are to act under them, and to all persons whose rights are to be affected by them.
Prevention and Prosecution
Prevention and Punishment
What is the Objective of the CCP?
-Prevent the commission of crime
-To exclude the offender from all hope of escape
-To insure a trial with as little delay consistent with the end of justice
-Bring forth all evidence for conviction or acquittal
-To insure a fair and impartial trial
-The certain execution of the sentence of the law when declared
What is the purpose for Due Course of law?
No citizen of this State shall be deprived of
-Privileges or immunities
-or in any manner disfranchised
In all criminal prosecutions the accused shall have a speedy public trial by an_____
No person shall be held to answer for a felony unless on___of a grand jury
What are the rights of the accused?
He shall have the right to
-Demand the nature and cause of the accusation against him, and to have a copy thereof
-Not be compelled to give evidence against himself
-Have the right of being heard by himself, counsel, or both
-Be confronted with the witnesses against him
-Have compulsory process for obtaining witnesses in his favor
T or F: The right to be represented by counsel includes the right to consult in private with counsel.
True: This allows adequate preparation for the proceeding
Means a person who is not financially able to employ counsel
T or F: An indigent defendant is entitled to have an attorney appointed to represent him in any adversary judicial proceeding that may result in punishment by confinement and in any other criminal proceeding if the court concludes that the interests of justice require representation.
If an indigent defendant is entitled to and requests appointed counsel and proceedings have been initiated aganist the defendant, a court shall appoint counsel asap but not later than the end of the___working day after the court receives the request.
An appointed counsel is entitled to how many days to prepare for a proceeding?
How can preparation time for a proceeding be waived with the consent of the defendant?
-In writing or on the record in open court
The people shall be secure in their persons, houses, papers and possessions from all___
Unreasonable seizures and searches
No warrant to search any place or seize any person or thing shall be issued without?
Describing them as near as may be, nor without probable cause supported by oath or affirmation
All prisoners shall be bailable unless for____ when the proof is evident
Is a writ of right and shall never be suspended?
Can a person be tried twice for the same offense in competent jurisdiction?
No known as Double Jeopardy
If a defendant is found not guilty in a court having no jurisdiction of the offense, Can he prosecuted again in a court having jurisdiction?
Yes known as the Acquittal a Bar
The defendant can waive the right of trial by jury except for what kind of cases?
Capital Felony cases seeking the death penalty
If a defendant waive his right to jury, How must it be made?
-In writing in open court
-With the consent and approval of the court and the attorney representing the state
No person can be convicted of a____except upon the verdict of a jury duly rendered and recorded, unless the defendant, upon entering plea, has in open court in person____
Waived his right of trial by jury in writing
In regards to felony cases, in no event shall a person charged be convicted upon his plea without sufficient___ to support the same.
No person shall be disqualified to give evidence in any court of this State on account of his____opinions or beliefs
If a person commits an offense in Texas, can he be transported to the great state of Alabama and dropped off for his offense comitted?
No (Outlawry and Transportation)
No person shall be convicted of treason except on the testimony of___witnesses to the same overt act, or confession in open court
Senators and Representatives shall be privileged from arrest during the session of Legislature except for
-Breach of the peace
Senators and Representatives shall be privileged from arrest during the session of Legislature except for the offenses listed and in going to and returning from the same, allowing___day for every___miles such member may reside from the place at which the Legislature is convened.
Who shall by virtue of their offices, be conservators of the peace throughout the State?
-Justices of the Supreme Court
-Judges of the Court of Criminal Appeals
-Justices of the Court of Appeals
-Judges of the District Courts
Format Style for writs: The style of all writs and process shall run in
"The State of Texas"
Format Style for writs: All prosecutions shall be carried on___ and concluded against____?
"in the name and by authority of The State of Texas"
"against the peace and dignity of the State"
The proceedings and trials in all courts shall be___
The defendant upon a trial shall be confronted with the___
What is the duty of every magistrate?
-To preserve the peace within his jurisdiction
-To issue all process intended to aid in preventing and suppressing crime
-To cause arrest of offenders by the use of lawful means
When the magistrate sits for the purpose of inquiring into criminal accusation against any person this is called
Sheriffs,their Deputies, Constables, Marshals or Police officers of an incorporated city, Rangers,Investigators of the District Attorney are examples of what?
Who appoints Railroad Peace Officers?
The director of the Department of Public Safety
How many peace officers can be appointed to the Railroad?
What are the duties of a Railroad Peace Officer?
-To aid law enforcement agencies in the protection of railroad property
-The protection of the persons and property of railroad passengers and employees
When can a Special Investigator have the powers of arrest, search, and seizure under the laws of this state?
Only in felony cases
FBI agent, Secret Service agent, ICE agent,IRS agent, Marshals and Deputy Marshals of the US Marshals Service are examples of what?
The chief of police or sheriff may appoint up to___Adjunct Police Officers of the municipality or county having under____ in population?
50 peace officers
When can a commissioned peace officers of another state have the same powers, duties, and immunities as a peace officer in this state who is acting in the discharge of an official duty?
-peace officer has physical custody of a inmate transporting to hospital in this state or returning to their state from hospital
-maintain physical custody of a inmate while transporting
-regain physical custody of a inmate if he escapes
Who appoints Special Rangers and Southwestern Cattle Raisers?
The director of the Department of Public Safety
How many Special Rangers and Southwestern Cattle Raisers may be appointed to aid law enforcement in the investigation of theft of livestock or related property?
The duty of every peace officer is to preserve the peace within his jurisdiction. To effect this purpose the officer shall
-Interfere without warrant to prevent and suppress crime
-Execute all lawful process issued to the officer by any magistrate or court
-Give notice to some magistrate of all offenses committed
-Arrest offenders without warrant in every case where the officer is authorized by law
If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or any other legal process which is made his duty by law to execute, how much shall he be fined for contempt?
not less than $10 no more than $200
Who are conservators of the peace in his county and shall arrest all offenders against the laws of the State?
Who shall apprehend and commit to jail all offenders, until an examination or trial can be had?
Who shall quell and supress all assaults and batteries, affrays, insurrections and unlawful assemblies?
When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by whom?
Whenever a duty is imposed upon the sheriff, the same duty may lawfully be performed by his?
When should a peace officer investigate the report of physical or sexual abuse of a child that could result in death or serious harm by a person responsible for care, custody, or welfare of the child?
ASAP after being notified but not later than 24 hours
If a person's identifying information was falsely given by a person arrested, the local law enforcement agency that made the arrest shall
-Notify the person that their information was misused by another person being arrested
-Notify the Department of Public Safety
Means a law enforcement-initiated action based on an individuals's race, ethnicity, or national orgin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.
T or F: A peace officer may engage in racial profiling as long as the person looks like a terrorist
False: A peace officer may not engage in racial profiling
What information shall be documented by a peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
-Physical description( gender, race and ethnicity)
-The initial reason for the stop
-Whether or not there was a search or a consent to search
-Whether contraband was discovered due to a search
-The reason for the search
-Whether their was a arrest or not
-Street address or approximate location of stop
-Whether the officer issued a citation
Means property of any nature, including real, personal, tangible, or intangible that is used in the commission of any first or second degree felony
Means the restraint of property by a peace officer, whether the officer restrains the property by physical force or by display of the officer's authority and includes the collection of property or the act of taking possession of property
After a seizure of contraband how long does an officer have to place the property under seal, remove the property to a place ordered by the court or require a law enforcement agency of the state to take custody of the property and move it to a proper location?
If a peace officer seizes property the attorney representing the state shall commence proceedings not later than the___ day after the date of the seizure
This court shall have appellate jurisdiction coextensive with the limits of their respective district in all criminal cases except those in which the death penalty has been assessed.
Court of Appeals
The court that appeals all cases in which the death penalty has been assessed
Court of Criminal Appeals
This court shall have final appellate and review jurisdiction in criminal cases and its determinations shall be final
Court of Criminal Appeals
This court shall have original jurisdiction in criminal cases of the grade of felony
This court shall have original jurisdiction in criminal cases of all misdemeanors involving official misconduct
This court 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 $500
This court shall have appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction
This court shall have original jurisdiction in criminal cases punishable by fine only