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COM 1st & 2nd Quarter Final Study Guide
Terms in this set (78)
Under the definition under the Health & Safety Code what is the definition of "Possession"?
Actual Care, Custody, Control or Management
An officer should determine the weight of controlled substances that are collected as evidence of an offense for what reason?
To determine the weight of the crime/felony/degree (Penalty group)
Guardian in the Family Code is defined as what?
Means the person who, under court order, is the guardian of the person of the child or the public or private agency with whom the child has been placed by a court.
For a child to wave his/her rights in a proceeding under the Family Code, the child must meet what conditions?
the child knowingly, intelligently, and voluntarily waives these rights before and during the making of the statement and signs the statement in the presence of a magistrate
A peace officer that has taken a child into custody may hold the child in any place in the local police department while processing the child. Is this correct?
False, a child detained in a building that contains a jail, lockup, or other place of secure confinement, including an alcohol or other drug treatment facility, shall be separated by sight and sound from adults detained in the same building. Children and adults are separated by sight and sound only if they are unable to see each other and conversation between them is not possible.
A person who has taken a juvenile into custody must promptly give notice to whom?
Must immediately notify the juvenile officer and make reasonable efforts to notify the juvenile's custodian(s). Reasonable efforts means those efforts an ordinarily careful, prudent and diligent person would make under the same or similar circumstances.
Delinquent conduct is defined as?
conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail (FC 51.03(1))
Parents of children 10 years of age or older and under 17 can be held accountable for their children's actions when?
A parent has the duty to control and discipline a child who has committed any type of property damage, either due to the negligent conduct of the child (which can be attributed to a parent's failure to supervise and control their child) and for any conduct deemed malicious and willful. Liability for parents, under this statute, is capped at $25,000 per offense. Parents are thus required to pay for court costs and any attorney's fees incurred by the child.
A person operating a motor vehicle Shall have their license in their possession at _____ times during the operation of a motor vehicle.
A firefighter responding to a fire in his personal vehicle may have what colored lights on the vehicle?
Alternately flashing red lights (TC 547.702(C-2))
If a vehicle is transporting a load that extends beyond the vehicles rear and the vehicle displays a red flag that is at least 12" square, what is the length of the extension?
a load that extends beyond the vehicle's sides or more than four feet beyond the vehicle's rear (TC 547.382(B))
An operator of a motor vehicle commits the offense of _____ or ______ Reckless Driving if he/she operates the motor vehicle in for the safety or persons or property.
Wilful or Wonton
Passenger car includes a truck with a manufacturer's rate carrying capacity of not more than how many pounds?
2000 pounds or less (TC 541.201 (7))
An ____ means a street not primarily used for through traffic, and provides access to rear entrances of buildings or lots along a street
Alley (TC 541.302(1)
A _________, 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
Right-of-way (TC 541.401(8))
Definition of stalking
A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that: (1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening: (A) bodily injury or death for the other person; (B) bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or (C) that an offense will be committed against the other person's property; (PC 42.072(a-1))
Know the offense of "cruelty of Animals"
is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section (PC 42.092(c))
A person commits an offense if, acting other than a prostitute, receives compensation for personally rendered prostitution services, he knowingly solicits another to engage in sexual conduct with a prostitute for compensation. The offense is what?
Promotion of Prostitution - An offense under this section is a Class A misdemeanor, except that the offense is: (1) a state jail felony if the actor has been previously convicted of an offense under this section; or (2) a felony of the second degree if the actor engages in conduct described by Subsection (a)(1) or (2) involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time the actor commits the offense. (43.03(b-1-2))
A "short barrel firearm" means a rifle or shotgun with a barrel length of means
a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches (PC 46.01(10))
A "short barrel firearm" means a rifle or shotgun with an overall length of not less than __________.
26 Inches (PC 46.01(10))
Know "Unlawfully Carrying a weapon"
A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the person's own premises or premises under the person's control; or (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. (PC 46.02(a))
Know "possession of Alcoholic Beverage in a Motor Vehicle"
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, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense. (PC 49.031(b))
A person who makes a false entry, or false alteration of a governmental record, or who destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record, may be charges with what?
False Report to Peace Officer or Law Enforcement Employee - An offense under this section is a Class B misdemeanor (PC 37.08 (a))
A person to be charges with "Indecent Exposure", he/she must expose his/her anus or any part of the genitals with __________________________ and is reckless about whether another is present who will be offended or alarmed.
intent to arouse or gratify the sexual desire of any person
Know "Objectives" of the Penal Code
to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. (PC 1.02)
Know the "Culpable Mental States"
A person acts intentionally, or with intent, 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. (PC 6.03(a))
The written instrument used by the court to require the presentation of "written material" or other "records" is called what?
If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court. - (CCP 24.02)
Whenever an accused person charged with "Family Violence Assault" makes "Bail", the agency holding such person is required by Article 17.29 to perform a specific duty. What is that duty?
To notify the victim or the POC for the victim or last known address
Article 14.01, "offenses within View", clearly states in subsection (b) that a peace officer may arrest for any offense when?
any offense committed in his presence or within his view (CCP 14.01(b))
In the case of a felony an officer break down the door of any house to make an arrest? (Art 15.25)
In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose. (CCP 15.25)
Writ of Habeas Corpus is what?
Is the remedy to be used when any person is restrained in his liberty. It is an order issued by a court or judge of competent jurisdiction, directed to anyone having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint. (CCP 11.01)
What are the requirements of a Warrant?
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. (CCP 15.01)
To use force to unlawfully restrain another, and by preventing his liberation by hiding him in a place where he is not likely to be found is the definition of what?
_____________ means any touching of the anus, breasts, or any part of the genitals of another with the intent to arouse or gratify the sexual desires of any person.
____________ means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances which no reasonable person, similarly situated adult would leave a child of that age or ability is the definition of what?
The age requirements for the offense of "Aggravated Sexual Assault" is?
A child less than 14 or person older than 65
The "Objective of the Penal Code" is?
To establish a system of prohibitions, penalties, and correctional measures to deal with conduct
An officer must possess objective grounds for suspecting that the person detained has committed, is committing, or is about to commit a crime" is the definition of what?
A protective weapons frisk is?
Terry Stop: Officer may place his/her hand inside clothing to retrieve weapons to ensure the officers safety.
Whenever the totality of facts and circumstance known to an officer that creates a fair probability that a person is guilty of a crime, is the definition of what?
Deadly force is a last resort and is only used when?
There must be an immediate, otherwise unavoidable threat of death or grave bodily harm to yourself or other innocents.
Under article 15.22 a person is under arrest when?
they are actually placed under restrain or taking into custody by an officer or person executing a warrant of arrest by an officer/person arresting without a warrant.
_________ means under arrest by a peace officer, or under the restraint by a public servant, pursuant to an order of a court of this state or another state of the United States.
Article 14.03 of the CCP, Authority of a Peace Officer, states that you may arrest persons without a warrant if...?
the offence is committed in his/her presence or within his/her view.
An investigatory stop is limited seizure made for investigative purposed and is permitted only when an officer can show________ of involvement or the suspect in criminal activity.
A suspect is seized (arrested) when he/she is restrained of his/her liberty and brought under the officer's control, either through...
Physical restrain or submission to a show of legal authority
___________ means the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
assemblage of 7 or more persons resulting in conduct creating immediate danger, damage to property or injury to persons
Which of the following meets the definition of a "club"?
Baton, Night stick, Blackjack, Mace, Tomahawk
Section 46.11 "Penalty if offense committed within Weapons Free Zone" establishes a specific distance requirement
Within 300 feet of a school; where an official school function is taking place; or an event sponsored or sanctioned by the University Interscholastic League is taking place.
19. A structure or vehicle adapted for the overnight accommodations of persons... is the definition of what?
Habituation (occupied structure)
Intentionally or knowingly damages or destroys the tangible property of the owner. Is an element of what offense?
"A person commits and offense if, with specific intent to commit and offense, he does and act amounting to more than mere preparation, that tends but fails to effect the commission of the offense intended." Is the definition of what offense?
By seizing any personal property which has been stolen and bringing it, alog with the supposed offender, if he can be taken, before a magistrate for examination, or delivering the same to a peace officer for that purpose." Is the definition of?
Under Art. 121 of the CCP, Senators and Representatives shall be privileged from arrest _______.
Except Treason, Felony, and breach of the peace while attendance of their respective houses.
The only time an officer must arrest is for what offense?
Observing a crime, probable cause, or has an arrest warrant.
Under Art. 15.26, Authority to Arrest Must be Made Known, the officer...?
Arrest Warrant: needs to have the warrant in his/her possession at the time of arrest, provided the warrant was issued.
"An apparent state of facts to exist upon reasonable inquiry, which would induce a reasonably intelligent and prudent man to believe, a criminal case, that the accused person committed the crime" is the black's Law Dictionary definition of... ?
Reasonable Prudent Person
That which 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", is the definition of what?
A person commits criminal homicide if he/she intentionally, knowingly, recklessly, or with _______ causes the death of an individual.
A person who intentionally takes the life of a child younger than __ years of age, may be charged with _______.
10 years old and Capitol Murder (Penal Code Art. 19.03(8))
"_________ means physical pain, illness, or any impairment of physical condition."
The "highest level of proof" stated in the Penal Code is?
Burden of proof
Culpable Mental States defines what?
A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession. Culpable mental states are classified according to relative degrees, from highest to lowest, as follows: (1) intentional; (2) knowing; (3) reckless; (4) criminal negligence.
Whenever an accused person charged with "Family Violence" makes bail, the agency holding such person is required by Article 17.29 to perform a specific duty. What is that duty?
To make a reasonable attempt to give personal notice to the victim or designated person of the release of the offender.
Whenever a person is arrested without a warrant for a misdemeanor, according to Art. 17.033, and such person has not been taken before a Magistrate for a "probable cause" hearing, what time(s) and bail is applied?
a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
According to Art. 56.02, "Crime Victim's Rights". The victim has specific rights. What are they?
Adequate protection, safety into consideration, and to be informed.
Article 14.04, "when a felony has been committed"
A peace officer may, without obtaining a warrant, arrest a person if the person makes a statement to the peace officer that: (2) establishes probable cause to believe that the person has committed a felony.
Article 5.04, "Duties of a Peace Officer" in regards to family violence, establishes specific duties.
are to protect any potential victim of family violence, enforce the law of this state, and enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators.
According to Art. 6.07, "conduct of Peace Officer", the level of force that an officer may use to prevent offenses about to be committed, is regulated by two specific requirements.
committed in their presence, or within their view
The statute of limitations for presenting an indictment for a misdemeanor offense is...
may be presented within 2 (two) years from the date of the commission of the offense, and not afterward.
The Sheriff is the conservator of the peace for his county. Who is the conservator of the peace for the state?
Supreme Court, Court of Criminal Appeals, Court of Appeals and District Courts.
Article 2.12 lists those persons considered to be "Peace Officers" in the state of Texas.
Sheriffs, Constables, Marshals, Police Officers, Investigators, DA's, CA's, CA's, TABC, TX Parks and Wildlife, Airport POs, County Park Rangers, Fire Marshall
The "Patrol System" where officers became a little more than report takers are...
State requirements of licensees are currently set forth by TCOLE (formerly TCLEOSE), and...
required by the state legislature to take 40 hours of training every two years, which includes Legislative Updates
The term "shire-reeve" originated in the 10th century in America and is where the name Sheriff was derived.
False: Originated in the 10th Century in Anglo-Saxon England
Social problems that accompany the traditional police subculture are...
that they use their coercive authority over citizens and seek to appear efficient in the eyes of administrators.
The broadest authority given to Peace Officers is located within which CCP Article?
Under 14.03(g)(3), city police officer had state-wide authority to arrest for any non-traffic offense committed within his presence or view, and within his county, his authority to arrest for offenses committed within his presence or view extended to traffic offenses as well.
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