Exam 6

PC 21.11 indecency with a child

(*Felony 2nd degree*) (a) commits an offense with a child younger than 17 years of age, wether the child is same or opposite sex, regardless wether the person knows the age of the child: (1) engages in sexual contact, causes the child to engage in sexual contact (*felony of third degree*) (2) intent to arouse or gratify the sexual desire of person: (A) exposes anus or any part of the persons genitals, knowing child is present (B) causes child to expose anus or genitals

PC 9.22 Necessity

(1) the actor believes the conduct is immediately necessary to avoid imminent harm (2) the desirability of avoiding harm outweighs the harm sought to be prevented

Sec. 2.02 Exception

(A) an exception to an offense isn't his code is so labeled by the phrase "it is and exception to the application of ..." (B) the prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable that the defendants conduct does not fall within the exceptio

PC 9.61 parent - - child

(A) the use of force, but not deadly force against a child younger than 18 years is justified: -actor is the child's parent or step parent acting in loco parentis -actor reasonably believes the force is necessary to discipline safeguard or promote welfare -loco parent is means, grandparent or!guardian, or consent of parents

PC sec 9.51 arrest and search

(a) a peace officer is justified in using force against another when he reasonably believes the force is immediately necessary to make or assist in making an arrest or search to prevent escape after arrest if (1) actor believes the arrest or search is lawful or made under warrant and warrant is valid (2) before using force the actor manifest his purpose to arrest or search and identifies himself as a peace officer unless he reasonably believes his identity are already known to person arrested (b) a person other than a peace officer is justified in using force against another when believes force is immediately necessary to make or assist in making a lawful arrest or prevent escape after arrest (C) a peace officer is justified in using deadly force against another when he believes it is immediately necessary to make arrest or prevent escape of arrest and: (1) the actor believes there is substantial risk that the person to be arrested will cause death or serious bodily injury to actor or another of arrest is delayed (D)

Sec. 30.02. BURGLARY.

(b) enter" means to intrude any part of the body, any physical object connected with the body. (1) state jail felony- committed in a building other than a habitation; or (1) felony of third degree - committed in commercial building with controlled substance (2) felony of the second degree- if committed in a habitation. (d)felony of the first degree if: habitation with intent to commit a felony other than theft

Sec. 28.03. CRIMINAL MISCHIEF

(gible property of the owner (2) or tampers with property of owner & causes pecuniary loss or inconvenience (3) intentionally or knowingly makes markings *CLASS C MISDEMEANOR* Loss is less than $100 *CLASS B MISDEMEANOR* Loss more than $100, less than $750 *CLASS A MISDEMEANOR* $750 more, less $2500 *STATE JAIL FELONY* $2,500 or more, less than $30,000 *FELONY 3RD DEGREE* $30,000 or more, less than $150,000 *FELONY OF 2ND DEGREE* $150,000 or more, less than $300,000 *FELONY OF 1st DEGREE* More than $30,000

BPOC 14.4 identify the constitutionally and legislatively created courts of Texas

* Constitutional courts, courts of law, municipal courts* - "Courts in Texas are created by one of three sources of authority. A court may be created under the authority of the state's constitution and are referred to as *constitutional courts*. Courts may be created by acts of the state legislature and are referred to as *courts at law*. A court may be created by the acts of the governing body of a chartered *municipality*. These courts are referred to as municipal

Sec 42.11 destruction of flag

*CLASS A MISDEMEANOR* (1) intentionally or knowingly damages, defaces, mutilates, or burns the flag of US or state of Texas Flag- means emblem or banner or a standard copy •not a class a if proper disposal of flag

Sex 39.03 Official Oppression

*CLASS A MISDEMEANOR* *FELONY OF 3RD DEGREE if public servant acted with intent to impair the data reported to the agency* (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, depression, assessment, or lien that he knows is u lawful (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful (3) intentionally subjects another to sexual harassment

ABC 101.04 consent to inspection; penalty

*CLASS A MISDEMEANOR* By accepting a license or permit the holder consents to the commission of a representative entering the premises to conduct an investigation or inspect by duty of this code •a person commits a offense if person refuses to allow commission or officer to enter a license or permitted premises

PC 36.03 coercion of public servant or voter

*CLASS A MISDEMEANOR* (1) influences or attempts to influence a public servant to violate his known legal duty (2) influences or attempts to influence a voter not to vote or to vote in a particular manner *FELONY OF 3rd DEGREE* •unless coercion is a threat to commit a felony

Section 42.062 interference with emergency request for assistance

*CLASS A MISDEMEANOR* *STATE JAIL IF BEEN PREVIOUSLY CONVICTED* (A) knowingly prevents or interferes with another individuals to place a em emergency call or assistance. -including communication device, in a emergency from law enforcement, medical facility or other agency with the purpose to provide safety to individual (B) stops a person from making a call to help another individual Emergency- making a call to be in fear of imminent assault or danger of damage or destruction

Sec 37.02 perjury

*CLASS A* (1) he makes a false statement under oath or swears to the truth of a false statement is required (2) false unsworn declaration

Sec. 25.04 Enticing a Child

*CLASS B MISDEMEANOR* (1) intent to interfere with lawful custody of a child younger than 18 years, knowingly persuades or takes child from custody of parent *THIRD DEGREE FELONY* •unless actor intended to commit a felony against the child

Sec. 49.02. PUBLIC INTOXICATION.

*CLASS C MISDEMEANOR* (A) a person commits an offense if the person appears in a public place while intoxicated to the degree that they may endanger the person or another (B) defense to prosecution if used for therapeutic purposes for med treatment

Sec 28.04 Reckless Damage or Destruction

*CLASS C MISDEMEANOR* (a) A person commits an offense if, without the effective consent of the owner, damages or destroys property of owner

PC sec 30.05 criminal trespass

*CLASS C MISDEMEANOR* •If the offense is committed in agricultural land within 100 feet of boundary of land •on residential land within 100 feet of a protected fresh water area *CLASS B MISDEMEANOR* Commits offense if the person enters or remains on or in property of another, including residential land, agriculture, recreational vehicle park, a building, an aircraft or other vehicle without effective consent of person: (1) had notice the entry was forbidden (2) received notice to depart but fails to do so *CLASS A MISDEMEANOR* •if committed in a habitation or shelter center or a deadly weapon was carried •on superfund site •on critical infrastructure facility •on institution of higher education and have been previously convicted •Entry- intrusion of entire body •notice- oral/written communication by owner, fencing or enclosure, sign posted on property, purple marks on post or tree's •shelter center- •forest land- land where tree's are for timber produce •superfund site- nations priority list •critical infrastructures facility- enclosed by fence or physical barrier designed to exclude intruders •recognized state- means another state with which the attorney general of this state •residential land- real property improved by dwelling and zoned for otherwise single or multi family use

Sec 38.02 failure to identify

*CLASS C* (a) intentionally refuses to give his name, residence address, or date of birth to a peace officer who request info *CLASS B* (B) intentionally gives false or *fictions* name,resident address to peace officer who has : lawfully arrested or detained person, or requested the info from a person he has good cause to believe is a witness of offense •if the defendant was a fugitive the offense goes up (example class b, goes to class a)

Sec. 25.02. PROHIBITED SEXUAL CONDUCT

*FELONY IF 3RD DEGREE* -step child or step parent -a parents brother or sister (aunt, uncle) -brother or sister -a child of brother or sister, include adoption -a child of actors aunt or uncle (1st cousin) *FELONY IF 2ND DEGREE* - ancestors or decedents (a parent, grandparent, child or grand child) •Deviate sexual intercourse- contact with genitals of person and the mouth or anus of another, with intent to arouse or gratify •sexual intercourse- penetration of the female organ by the male organ

Sec. 22.02 Aggravated Assault

*FELONY OF 2ND DEGREE* -uses or exhibits deadly weapon during assault -causes serious bodily injury to another including actors spouse. *FELONY OF 1ST DEGREE* (1) if uses deadly weapon who their in relationship with must be spouses or in a dating situation or associated with the defendant •public servant, protective witness, informant

Sec. 36.06. OBSTRUCTION OR RETALIATION

*FELONY OF 3RD DEGREE* (1) retaliation in response to services to public servants, witnesses, prospective witnesses or informants, person who has reported to intends to report occurrence of a crime *FELONY OF 2ND DEGREE* •victim was harmed or threatened by victims service causing serious bodily injury of public servant or their household

PC 22.011 harassment of a public servant

*FELONY OF 3RD DEGREE* •if a person with intent assaults, harasses, or alarms a uniformed public servant while confined or imprisoned, or any officer employed by the state or who is contracted with the state. Included exposer to blood, urine, semen, vaginal fluid, saliva, or feces

Sec. 20.04 Aggravated Kidnapping

*FELONY OF FIRST DEGREE* Intentionally or knowingly abducts another person with intent to: (1) hold him for ransom or reward (2) use him as a shield or hostage (3) facilitate the commission of a felony or the flight after the attempt (4) inflict bodily injury, violate, or abuse sexually (5) terrorize or third person (6) interfere without any government or political function (B) uses a deadly weapon during the offense *FELONY OF SECOND DEGREE* - If the victim is dropped off in a safe place

Sec 37.11 impersonating public servant

*FELONY OF THIRD DEGREE* (1) if impersonates a public servant with intent to induce another to submit to official authority or rely on official acts -knowingly pretends to carry out any functions of a public servant or of a public office, including that of a judge and court without legal authority

PC 25.03 interference with child custody

*STATE JAIL FELONY* A person commits an offense if the person takes or retains a child younger than 18 years of age: •when the person knows taking or retention violates terms of judgement order or temporary order •person not awarded custody by a court of competent jurisdiction. Divorce, civil suit, or habeas corpus, to determine custody has been filed. Takes child outside the county or country (B) commits offense if the noncustodial parent entices or persuades the child to leave the custody of custodial parent

Sec. 19.05 Criminally Negligent Homicide

*STATE JAIL FELONY* he causes the death of an individual by criminal *NEGLIGENCE*

Sec 30.03 burglary of coin operated or coin collection machine

*class a misdemeanor* Without effective consent, he's breaks or enters into any coin operated machine, coin collection machine, or other coin operated, apparatus •with intent to obtain property or services •entry-every kind of entry except one made with consent of owner

CCP 2.16 neglecting to execute process

*fine no less than 10 not more than $200 at discretion of court* If any sheriff or other officer shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness or any other legal process which it is made his duty by law to excel Ute.

ABC sec 101.63 sale or delivery to certain persons

*misdemeanor by fine not less $100 no more than $500* •Commits an offense if the person with criminal negligence sells an alcoholic beverage to an habitual drunkard or an intoxicated or insane person •repeated offender misdemeanor of fine of no less than $500 no more than $1000, confinement not more than a year or both •offense if the person with criminal negligence delivers for commercial purposes to intoxicated persons

BPOC 14.6 civil actions procedure and process

- "A civil action is initiated when an aggrieved party makes a claim of a tort, or legal harm, civil complaint, referred to as a petition, detailing out the facts of the tort and the expected remedy. With the completion, and filing of the petition with the court clerk, the aggrieved party is referred to as the plaintiff. - "The party alleged to have committed the tort action is referred to as the defendant. Once the petition has been filed, the defendant shall receive legal notice of the civil action with the service of a citation. Service is usually done in a direct, face to face action. When authorized service may be done through an agent or representative for the defendant. When a defendant is uncooperative or attempts to avoid service, at the direction of the court alternate service may be used. The citation, an instrument of the court, lets the defendant know the facts of the action and the demand of the plaintiff as compensation. - "A failure of the defendant to respond to the action could result in a default judgment. This is a decision by the court rendered in favor of the plaintiff for the defendant's failure to respond to or appear before the court to answer the demands of the plaintiff. - "A defendant files an answer with the court as an official response to the demands from the plaintiff. An answer may deny the charge, accept the demand or allege some other explanation or recourse. - "Should the parties, plaintiff and defendant, not be able to reach a settlement, a trial before a court of competent jurisdiction may be heard. Based on the testimony and evidence presented, the court will render a decision and a judgment may be issued. A judgment represents the decision of the court and instructs the named party on the actions that shall be undertaken. A judgment is enforceable and when a named party fails to comply, the judgment may be enforced using the civil enforcement capacity of the Sheriff's or Constable's Office for that jurisdiction.

TC 545.157 passing certain vehicles

- $500 class C misdemeanor , if results in property damage - *Class B if the violation results bodily injury* •this applies to the following vehicles: -Stationary emergency vehicle using visual signals -tow truck using equipment -maintenances construction vehicle -service vehicle for utility -vehicle to transport solid waste •otherwise directed by a police officer SHALL: - Vacate the lane closest to the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle OR - 20 miles per hour less than posted speed limit when the speed limit is 25 miles per hr or more* - *5 miles per hr when the posted speed limit is less than 25 miles per hr*

BPOC 27.16 demonstrate and explain key tactical expectations and roles when responding to critical incident as a team

- Everyone should have a key role, and should know what their role is. - Only one officer should be communicating with the subject. - Other roles as personnel arrives at the scene would be providing cover, using less-lethal weapons, establishing perimeters etc.

BPOC 27.7 common tips and techniques for engaging and making a connection with a person in behavioral crisis

- Request backup and specialized help. - Don't rush the situation (unless immediate action is required). - Focus on calming the situation and minimize the stress level. - Continually assess and re-assess (Use the CDM model). - Communicate, communicate, communicate - Active listening - Watch body language (theirs and yours). - Always be respectful, never dismissive.

BPOC 27.15 explain use of the critical decision-making model (CDM) in responding

- collect information -tactical pause -preparing yourself

Sec 22.08 aiding suicide

-intent time promote or assists in the commission of a suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide -*CLASS C MISDEMEANOR* •IF UNSUCCESSFUL -*STATE JAIL FELONY* •IF THE ATTEMPT CAUSES SUICIDE OR IN THE ATTEMPT CAUSES SERIOUS BODILY INJURY

BPOC 24.5 When note taking keep several things in mind

1.) non- police information and personal comments should not be included -if brought to court subject to scrutiny, if in evidence they may not be available to you until released by the court 2.) be very careful when transferring information from field notes to your report: -to ensure there are no impeachable discrepancies, your field notes and report much be consistent 3.) it is recommended that once information from field notes has been transcribed to a report, the notes be destroyed -however check every agency

TC sex 545.066 passing a school bus offense

1.) shall stop before reaching the school bus 2.) fine no less than $500 no more than $1,250 3.)no less than $1000 no more than $2000 if committed within 5 years of this offense 4.) *class A misdemeanor* if serious bodily injury involved 5.) drivers license of other person be suspended for 6 months - If a person does not pay the previously assessed fine or costs on a conviction or is determined by the court to have insufficient resources or income to pay a fine or costs on a conviction under this section, the court may order the person to perform community service. The court shall set the number of hours of service under this subsection.

ABC sec. 106.05 possession of alcohol by a minor

A minor may posses alcohol if in the course of working( employment with a bar or establishment that serves alcohol, in the visible presence of a identity or guardian or spouse or other person who has been committed by a court) (a) A minor commits an offense if he possesses an alcoholic beverage. *CLASS C MISDEMEANOR* (D) subsection (a) does not apply to a minor who: (1) requested emergency medical assistance in response to overdose of minor or other person (2) was the first person to make a request for medical assistance (3) if requested emergency medical assistance for overdose of person (A)remained on the scene medical assistance arrived (B) cooperated with medical assistance and law enforcement (e) subsection (a) doesn't apply to minor who reports sexual assault of the minor or another person or if their the victim of sexual assault by another person to: (1) healthcare provider treating the victim of sexual assault (2) an employee of law enforcement agency, including campus police of higher education (3) the Title IX coordinator of an institution of higher education (F) a minor is entitled to raise the defense if minor is in violation at the time of the commission of sexual assault that is: (1) reported by the minor under subsection (e) (2) committed against the minor reported by another under subsection (e) (G) a minor who commits a sexual assault reporter under subsection (e) is not entitled to raise the defense by subsection (e)

CCP 5.05 reports and records

A peace officer who investigates family violence shall make a written report including: (1) names of suspect and complainant (2) date, time, and location (3) any visible or reported injuries (4) description of incident ()5 wether suspect is a member of state military forces or serving in armed forces active duty •must make a report to depart of family and protective services if it matches verified license Forster home, must be filed within 24 hours of the beginning of the investigation •ok request of victim the law agency involved shall give copy of written report with no cost to victim

PC 9.32 DEADLY FORCE IN DEFENSE OF PERSON

A person is justified in using deadly force against another: •if the actor is using force against •deadly force was and is necessary •to protect the actor against or attempted use of deadly force •to prevent agh kidnapping, murder, sexual assault, agg sexual assault, robbery, agg robbery

ABC 101.07 duty of peace officers

All officer SHALL enforce this code and cooperate with and assist the commission in detecting violations and apprehending offenders

TC 545.404 unattended motor vehicle

An operator may not leave a vehicle unattended without: (1) stopping engine (2) locking ignition (3) removing key from ignition (4)setting parking brake effectively (5) and if standing on a grade turning front toward wheels to the curb or side of highway •stopping, kicking engine does not apply to a vehicle remote starter

TC Sec. 521.084. CLASS M LICENSE.

Authorized to operate a motorcycle

TC 541.401 daytime

Beginning one half hour before sunrise and ending one half hour after sunset

Habeaus Corpus

Bring body before magistrate to see why they are in custody

TC 522.101 driving while having alcohol

Cannot drive commercial motor vehicle while having a measurable amount of alcohol in system •violates offense or refuse to submit a alcohol test shall be placed out of service for 24 hours •peace officer may issue out of service order on probable cause, must be on a form approved by department, submit to apartment .

BPOC 24.2 identify the process of writing complete sentences

Characteristics of a sentence • A sentence is a group of words that expresses a complete thought. • A sentence typically contains both a subject and a predicate, begins with a capital letter, and ends with a punctuation mark. • Should be short, simple, and concise. • Should be unmistakably clear to the reader. •Importance of complete sentences in Written Communications • Written communication will be one of the factors used to evaluate your competence as a peace officer. • May be seen by a diverse audience (your agency, the criminal justice system the public, etc.) • May serve as a source document for judicial and administrative proceedings. Problems with Sentence Construction • People often speak in incomplete sentences. If the listener does not understand what is said they can ask speaker to clarify. This is often not possible with written communications. Therefore written communications must state complete thoughts to ensure that the reader understands the author's meaning. • When someone writes how they speak you can have sentence fragments and run-on sentences. Sentence Fragments • A sentence fragment is a group of words that is only a piece, or fragment of a complete sentence. This may make it difficult for the reader to understand its meaning. Run-on sentences • Like sentence fragments, run-on sentences cause confusion for the reader and can lead to incorrect conclusions about the intent of the writing. • Two or more sentences written as one results in a run-on sentence • Closely related sentences are often mistakenly combined into one • Example: "The officer chased the suspect, and he had a gun."

PC 9.21 Public duty

Conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by judgement or order of competent court or other governmental tribunal (C) deadly force is not justified unless actor believes deadly force is specifically required by statue or occurs in lawful conduct of war. If not justified not duty to retreat

PC 9.03 confinement as justifiable force

Confinement is justifiable when force is justified if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense

BPOC 14.2 differences between civil and criminal law

Criminal Law - Under the authority of the 10th Amendment of the U.S. Constitution states have reserved, or police powers. These powers allow states to regulate the conduct of people within its borders. *Criminal laws are enacted by the state legislature and define what is considered a violation of law. Referred to as a crime, a particular conduct is identified as being unacceptable and if a person engages in the defined conduct a penalty may be prescribed* When a crime is committed in Texas, it is done so "Against the Peace and dignity of the State." The conducts and penalties are identified in the Penal Code. - Based on the mandates of the U.S. Constitution, the state's constitution and the Code of Criminal Procedures, when a person is charged with a crime that person is protected by the due process requirements, but once these have been followed and the person is found guilty, a penalty may be prescribed. There are three types of penalty: fine, imprisonment or execution. - The standard required in a criminal case for conviction is proof beyond a reasonable doubt. Civil Law - Civil law involves legal actions between two individual parties that may include individuals, corporations, associations or levels of government. In a civil action, one party is alleging some type of harm, or tort that has been inflicted as a result of the action(s) of another individual party. - Civil actions fall into several different categories and include: Tort Law, Family Law, Real Estate Law, Business and Employment Law. - While civil actions are between individual parties, the state is involved by establishing a court system with the capacity to hear and decide on civil matters. Both the U.S. Constitution and state law recognize civil actions. The state has created a body of laws and procedures to address the rights of persons to initiate a civil action when there is allegation of a harm being inflicted. - The standard required in a civil action for determining responsibility and the awarding of civil remedies is a preponderance of the evidence. - The legal and procedural processes are contained in the state's Texas Civil Practices and Remedies Code.

BPOC 28.02 Legal authorities for use of force (2)

Estate of Ceballos v Bridgewater, Porras &Mull - According to the 5th Circuit Court appeals, this case on deadly force are clear; "an officer cannot use deadly force without an immediate threat to himself or others." Milstead v Kibler, - "...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. " Okonkwo v Fernandez - "Government officials who perform discretionary functions are entitled to the defense of qualified immunity, which shields them from suit as well as liability for civil damages, if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would have known. A defendant official must affirmatively plead the defense of qualified immunity. Graham v. Connor - "Graham, a diabetic having an insulin reaction, was mistakenly believed to be intoxicated by Charlotte, North Carolina police officers. - Though Graham asked officers to check his wallet for a diabetic decal he carried and a friend attempted to get permission to give Graham orange juice, Charlotte police refused and during a struggle, four officers threw him headfirst into a police car. - Graham sustained serious injuries resulting in his suit alleging violation of his constitutional rights. The lower courts directed a finding for the police officers under the 14th Amendment's absence of malice analysis-that they did not intend to harm Graham. The U.S. Supreme Court reversed the lower courts ruling directing that the inquiry must, under the 4th Amendment, 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. " Brower v Inyo County Saucier v Katz Osabutey v. Welch Anderson v. Creighton Harlow v. Fitzgerald

BPOC 28.8 force options available to peace officers

Force options: •professional presence- entering into a scene •verbal communications- words, language •weaponless strategies- take downs, come-along •weapon strategies -chemical/electrical means -stun gun -baton or impact weapon *TRIANGLE!! PYRAMID* •deadly resistance - firearms/all tools (top of triangle) •non threatening resistance- control holds/pressure points (bottom left triangle) •threatening resistance- ECD/OC spray, baton, personal weapons (bottom right triangle)

BPOC 16.1 definitions

General Penalty- ABC 1.05 -misdemeanor fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than one year or by both. lol Alcoholic Beverage - ABC 1.04 - Alcohol or any beverage containing more than one half of one percent of alcohol by volume, which is capable of use for beverage purpose, either alone or when diluted Distilled Spirits- ABC 1.04 - Means alcohol, spirits or wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as 4% by volume and that contain plain, sparkling or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients Ale or Malt Liquor- ABC 1.04 - Means a malt beverage containing more than 4% of alcohol by weight Beer- ABC 1.04 - A malt beverage containing one half of one percent or more alcohol by volume and not more than 4% of alcohol by weight Mixed Beverage- ABC 1.04 One or more servings of a beverage composed in whole or part of a an alcoholic beverage sealed or unsealed where there is mixed beverage permit, caterers permit, late hours permit, private club registration permit, private club late hours permit Illicit Beverage - ABC 1.04 - manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code; - on which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or - possessed, kept, stored, owned, or imported with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code. Licensee - ABC 1.04 - a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person Permittee - ABC 1.04 - a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person - The term "specific penalty," as used in this section, means a penalty which might be imposed as a result of a criminal prosecution. Minor - ABC 106.01 - Person under 21 years of age •premises- means the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including and adjacent premises of they are directly or indirectly under the control of the same person

BPOC 14.1 identify possible imposed liabilities for improper acts by the officer and the outcomes occurring in that course of action

In terms of liability potential: - A level of government may be held liable in an action including the state, county, municipality or special district - An agency may be held liable whether the agency was created through actions of a legislative body, adoption of an ordinance or mandate of the state constitution - An individual peace officer employed in the service of any level of law enforcement agency may be held liable in his or her individual capacity Process: - Liability for Refusal or Neglect in Performance of Official Duties - 7.001 TCPRC - o (a) A clerk, sheriff, or other officer who neglects or refuses to perform a duty required under the Texas Rules of Civil Procedure or under a provision of this code derived from those rules is liable for actual damages only in a suit brought by a person injured by the officer's neglect or refusal. o (b) The officer may be punished for contempt of court for neglect or refusal in the performance of those duties. The court shall set the fine at not less than $10 or more than $100, with costs. The officer must be given 10 days' notice of the motion. o (c) This section does not create a cause of action for an action that can otherwise be brought under Chapter 34. A party may seek actual damages under this section or Chapter 34, or the party may seek contempt sanctions, but the party may not seek both damages and contempt. o (d) An action or motion brought under this section must comply with and is subject to the provisions in Sections 34.068, 34.069, 34.070, and 34.074, except that a motion brought under Subsection (b) need not comply with Section 34.068(b). - Liability regarding execution of writs - 7.003 TCPRC - o (a) Except as provided by Section 34.061, an officer is not liable for damages resulting from the execution of a writ issued by a court of this state if the officer in good faith executes or attempts to execute the writ as provided by law and by the Texas Rules of Civil Procedure. o (b) An officer shall execute a writ issued by a court of this state without requiring that bond be posted for the indemnification of the officer. o (c) An officer shows that the officer acted in good faith when the officer shows that a reasonably prudent officer, under the same or similar circumstances, could have believed that the officer's conduct was justified based on the information the officer possessed when the conduct occurred. - Neglecting to execute process - 2.16 CCP - o If any sheriff or other officer shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars at the discretion of the court. - Execution of process; penalty by sheriff - 85.021 LGC - o (a) The sheriff shall execute all process and precepts directed to the sheriff by legal authority and shall return the process or precept to the proper court on or before the date the process or precept is returnable. o (b) The sheriff commits an offense if the sheriff: (1) fails to return a process or precept as required by Subsection (a); or (2) makes a false return. (c) An offense under this section is punishable by the court to which the process is returnable, as for contempt, by a fine of not more than $100. A fine collected under this section shall be deposited in the county treasury. - Failure to execute process by constable - 86.024 LGC - o (a) If a constable fails or refuses to execute and return according to law a process, warrant, or precept that is lawfully directed and delivered to the constable, the constable shall be fined for contempt before the court that issued the process, warrant, or precept on the motion of the person injured by the failure or refusal. This section does not apply to actions brought under or that could have been brought under Chapter 34, Civil Practice and Remedies Code. o (b) The fine shall be set at not less than $10 or more than $100, with costs. The fine shall be for the benefit of the injured person. The constable must be given 10 days' notice of the motion.

CCP 21.20 information

Information- a written statement filed and presented in behalf of the state by the district or county attorney, charging the defendant with a offense to be prosecuted

PC 9.02 justification as a defense

It is a defense to prosecution that the conduct in question is justified

Sec 9.05 reckless injury of innocent 3rd person

Justification is unavailable if actor is using deadly force against another and he recklessly injuries or kills a innocent 3rd person

CCP 3.05 racial profiling

Law enforcement initiated action based on an individuals action based on an individuals race, ethnicity, or national origin rather than on the individuals behavior engaged in criminal activity

BPOC 28.2 Legal authorities for use of force

Legal authorities for use of force: Justification as a defense- PC 9.02 Confinement as justifiable- PC 9.03 Threats as justifiable force- PC 9.04 Reckless injury of innocent third person- PC 9.05 Civil remedies unaffected- PC 9.06 Arrest and Search - PC 9.51

TC sec 543.001 arrest without warrant authorized

May arrest without warrant a person found committing a violation

TC sec. 546.001 permissible conduct

Operating a emergency vehicle: - park or stand anywhere -proceed past red or stop signal or stop sign, after slowing for necessary operation -exceed max speed limit aslong as do not endanger life or property -disregard regulation governing direction of movement or turning in specified direction (drive on wrong side of street)

TC 545.302 - Stopping Standing or parking prohibited in certain places

Operator may not stop, stand or park vehicle: (1)side walk (2) in a. Intersection (3)on a cross walk (4) between a safety zone and adjacent curb (5) along a street that will instruct traffic (6) bridge or elevated structure (7)railroad, track (8) by a sign that's prohibits stopping •unless picking up or discharging passenger u may not park vehicle: (1) in from fo drive way (2) 15 feet of fire hydrant (3)20 feet of cross walk intersection (4) 30 feet of flashing signals, stop sign,yield sign (5) 20 feet of driveway fire entrance (75 if marked) (6) where a sign prohibits

-(Protection of persons)

PC.31 Self defense- a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against another's use or attempt use or unlawful force. PC 9.32 deadly force in defense of person- a actor is justified in using deadly force when and to the degree the actor reasonably believes it is necessary: (A) to Procter actor against the others use or attempted use of unlawful deadly force (B) to prevent others imminent commission

ABC sec 106.01 minor

Person under 21 years of age

BPOC 24.7 list the type of information that should be entered into the officers field notebook

Persons: -suspects, victims, witnesses Describe suspect and victim head to toe: -race, sex, height, weight, hair (color, style, curly, straight) , hat (color, style), face (complexion) Eyes (color shape) Nose (mouth area and any distinguishing marks) Shirt- color, style Pants- color, style Shoes- color, style Other marks- tattoos, scars, limp, missing teeth Injuries •VEHICLE "CYMBL" -describe top to bottom C- color, Y- year, M- make/model, B- body style and L- license plate (year of expiration, state registered -VIN (vehicle identification number) -value (estimated) -distinguishing marks/damages -insured -financed •OTHER PROPERTY -manufacturer -model name/number -serial number -cost/value -size •color •style -use -location found •DATE & TIME - if an individual is not able to give an exact date, time, figure out what time the offense occurred. For example if the BMV occurred overnight outside a residence, they found it. The offense time frame may often span two different day, especially overnight offenses. •EXACT LOCATION OF OCCURRENCE -if on a public street, a general address but officers should attempt to determine exact location of offense to assist investigators •PERSONS INVOLVED (witness, other officers) •OTHER POSSIBLE INFORMATION: -contact information, alternate contact numbers -case number -assisting officer activity -location and chain of evidence/custody -type of incident

PC sec 9.06 civil remedies unaffected

The fact that conduct is justified does not abolish or impair any remedy for the conduct that is available in a civil suit

CCP 5.045 standby assistance liability

The officer may stay with a victim of family violence to protect the victim and allow victim to take the personal property of theirs or of any child in care of victims to a safe place •Officer not civilly liable for act or omission that arises

Sec 9.04 threats as justifiable force

The threat of force is justified when the use of force is justified

PC 9.04 Threats as Justifiable force

Threat to cause death or serious bodily injury by production of a weapon or otherwise. Aslong as actors purpose is limited to creating an apprehension saying that he will use deadly force if necessary, *does not* constitute the use of deadly force

PC 9.42 deadly force to protect property

To prevent arson, burglary, robbery, agg robbery, theft or criminal mischief during the night •to prevent other fleeing immediately after committing burglary, robbery, agg robbery, or theft during night time escaping with property •land or property can not be protected by any other means or the use of force would expose to substantial risk of death or serious bodily injury

Sec. 31.16. ORGANIZED RETAIL THEFT

intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: -stolen retail merchandise; or - merchandise explicitly represented to the person as being stolen retail merchandise. Class c -less than $100 Class b - $100 more less than $750 Class a- $750 more less than $2,500 State jail- 2,500 more less than $30,000 3rd degree- $30,00 more, less than $150,00 2nd degree- $150,000 more, less than $300,000 1st degree- $300,000 more •next higher offense if person causes fire alarm to sound upon exit, or stops it from sounding upon exit

TC Sec. 545.156 vehicle approached by authorized emergency vehicle

operater SHALL unless instructed by police officer: - yield the right of way -drive to a parallel position close to right curb clear of intersection -stop, remain standing until emergency vehicle has passed •this does not exempt the operator from duty to drive with due regard for safety of other personal

TC 541.201 TRUCK

• a motor vehicle used or maintained primarily to transport property Pick up truck, panel delivery truck, carryall truck with carry capacity of 2,000 pounds or less

BPOC 27.10 explain the concepts and importance of active listening and demonstrate the use of key active listening skills

• paying close attention to what others are saying as well as what they are communicating non-verbally , through gestures and body language •80% of your time is spent listening and 20% talking (80/20 rule) •I'm listening, your goal is to understand and gather information about what the person is thinking and feeling •avoid distractions •show the subject that your are listening carefully •use silence to your advantage

BPOC 27.1 describe the key principles of the critical decision-making model (CDM)

• police ethics •the values of police agency •proportionality •the sanctity of the human life

PC sec 9.21 public duty (justification generally)

• the use of deadly force is not justified unles actor believes deadly force is specifically required by statue, unless it occurs in lawful conduct of war. If deadly force is justified there is no duty to retreat •justification afforded if actor believes his conduct is required or authorized to assist a public servant in the performance of his official duty, even tho he doesn't need it

BPOC 28.1

•Deadly force - is defined as force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury • Force- Blacks law dictionary • definition of the NOUN "force": - strength or energy brought to bear, cause of motion or change, active power; moral or mental strength; capacity to persuade or convince •definition of the verb "force": -to do violence -to compel by physical, moral, or intellectual means -to make it cause through natural or logical necessity -to achieve or win by strength in struggle or violence -an aggressive act by person which doesn't amount assault and is necessary to accomplish objective -synonyms- compel, coerce, constrain,oblige •reasonable force- black law dictionary •reasonable or necessary force- is 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 and officer at the time action are taken

PC 9.31 self defense

•Justified -unlawful entry into your habitation -unlawful and forceful removal from habitation -committing or attempting to commit aggravated kidnapping, murder, sexual assault, robbery, agg robbery •not justified -verbal provocation -resisting arrest or search -if actor consented to exact force used or attempted by other -if the actor provoked the use of force but abandons the encounter or says he is trying to abandon safely -continuing to use lawful force

BPOC 28.3

•Public duty PC 9.21 Conduct is justified if the actor reasonably believed the conduct required or authorized by law, by the judgement or order of a competent court or other governmental tribunal or in the execution of legal process The use of deadly force is not justified under this sec unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is justified there is no duty to retreat before using it The justification afforded by this sec is available if the actor reasonably believes - The court or governmental tribunal has jurisdiction or the processed is lawful even though the court of governmental tribunal lacks jurisdiction or the process is unlawful OR - His conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority •Necessity PC 9.22 - Conduct is justified if: - The actor reasonably believes the conduct is immediately necessary to avoid imminent harm - the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct and - A legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear •Sec 9.33 Defense of Third Party - Defense of 3rd person - Society recognizes the right of an individual to defend innocent victims of crime from harm - To use force, must be able to justify under 9.31 or 9.32 •Sec 9.34 Protection of Life or Health - Protection of life or health - A person is justified in using force, but not deadly force, against another when and to the degree he/she reasonably believes the force is immediately necessary to prevent a person from committing suicide or inflicting serious bodily injury to him- or herself. •Sec 9.41 Protection of One's Own Property You are authorized to use force when and to the degree you reasonably believe the force is immediately necessary to prevent or end another person's trespass or unlawful interference with the property. •Sec 9.42 Deadly Force to Protect Property Deadly force to protect property When can you use deadly force to protect property? Penal Code states that you may use deadly force if you reasonably believe the deadly force is immediately necessary to prevent the subject's imminent commission of: - Arson - Burglary - Robbery - Aggravated robbery - Theft during the night time - Criminal mischief during the night time Careful consideration should be taken with the last two •Sec 9.43 Protection of Third Person's Property Protection of third person's property When circumstances justifying use of force or deadly force to protect property arise, a third person is authorized to act under the penal code if the third person reasonably believes that either: - The unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property - Or a third person has requested the individual to protect the land or property; he or she has a legal duty to protect the third person whose land or property he or she uses force or deadly force to protect is the person's spouse, parent, child, resides with the actor, or is under the actor's care •Sec 9.44 Use of Device to Protect Property Use of Device to Protect Property - May use a device to protect land or tangible, movable property if the device is not designed to cause or known by the person to create a substantial risk of causing death or serious bodily injury. - Use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device •Sec 9.62 Educator - Student Use of force, not deadly force, against a student is justified when the person applying the force is entrusted with the care, supervision, or administration of the student for a special purpose, and when and to the degree the educator reasonably believes the force is necessary to further the special purpose or maintain discipline in a group. The communication process includes: words, touch, and body language. Sec 9.63 Guardian - Incompetent Can use force, but not deadly force, against an mentally incompetent person if a guardian or someone similarly responsible for general care to safeguard and promote the incompetent's welfare. Custody-under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court. Escape- means an unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period, but does not include a violation of conditions of community supervision or parole, or after leave that is part of an intermittent sentence. •PC 9.52 Prevention of escape from custody Preventing escape from custody Use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the initial arrest. Where an officer has probable cause to believe that a suspect poses a threat of serious physical harm, either to the officer of to others, deadly force may be used to prevent a subject from escaping. •PC 9.53 Maintaining security in correctional facility Justified in using force to: - Maintain security if the correctional facility - Safety/security of other people in custody or employed by correctional facility - His/her own safety or security - Control is that degree of influence the officer must exert over the violator to take him or her safely into custody. Most officer's problems grow out of the use of necessary force employed against a combative and unarmed law violator. •Affirmative Defense - CPRC 83.001 CIVIL IMMUNITY. - A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable. Tennessee v. Garner, 471 U.S. 1 (1985): - Absent circumstances, such as exhibition of weapons or the commission of a violent felony suggesting that the suspect is likely to pose a threat of death or injury if not immediately apprehended, the 4th Amendment prohibits seizure of the suspect by the use of deadly force

BPOC 16.6 differentiate between criminal and administrative actions

•The Texas Alcoholic Beverage Code can be applied both criminally or civilly, administratively against a business. Double jeopardy does not apply and the same event can result in both actions being taken. •administrative actions typically result in the suspension or cancellation of a license or permit. In most cases the offending business is able to pay a fine (civil penalty) based on number of days suspension imposed. I'd license or permit is cancelled, generally prohibited from obtaining another license for 2 years. To successfully prosecute an administrative case the TABC will need the following information: - Dates/times - Location to include Permit or License number - Reason for being at licensed premise - Primary observation, nature of offense or violation observed - Standard for alcohol violations (criminal negligence) - Identities of involved persons - Statements - Evidence - Arrest if made - Completion of reports - Permittee listed on license - Licensee listed on license

BPOC 24.5 field notes

•are brief notations concerning specific events and circumstances that are recorded while fresh in the officer's mind and used to prepare a report. •USES -provides basis for report -reduces need to re-contact parties involved -provides greater accuracy relative to time, statements, and events than memeory alone

PC 9.51 Arrest and search

•can use force necessary to make or assist in making an arrest or search or to prevent the escape after arrest

TC sec 541.002 Governmental authorities

•department - means department of public safety •director- public safety director •local authority- county, municipality, or other authorized to enact traffic laws. A school district under this state •police officer- authorized to direct traffic or arrest person who violate regulations

Sec 37.01 (2) (c)

•governmental record - anything belonging to , received by or kept by government for information, include a court record (a license, certificate, permit, seal, title, patent, •statement - representation of fact

TC 545.412 Child Passenger Safety Seat Systems; Offense

•if the person operates a passenger vehicle, transports a child who is younger than 8 years unless talked than 4 foot 9 child must be in safety seat (1) misdemeanor fine $25, no more than $250 (Excludes operating a vehicle in an emergency or for law enforcement purposes) •child passenger safety seat system- child passenger restraint •passenger vehicle- car, light truck, sport utility vehicle designed to transport 15 or fewer •safety belt- lap belt, should straps •secured-in connection with use of safety belt

BPOC 27.5 successfully identify behaviors associated with a person experiencing behavioral crisis

•individual not responding to verbal commands •lack of coherence •agitated •talking to themselves •poor hygiene

ABC sec 103.05 report of seizure

•officer makes *false* report: - confinement in tdc not Less than 2 years, not more than 5 years •officer who *fails to file* reports of seizure: -fine not less than $50, no more than $100 -or in jail no less than 10 days, not more than 90 days -or both (A)when a peace officers makes a seizure shall make a report in triplicate which list items seized and the place and name of the owner, operator or other person who was seized. One copy of report shall be verified by oath. (B)The verified copy shall be retained in the permanent files of the commission of other agency making the seizure -one copy shall delivered to person of seizure

BPOC 27.11 explain how non verbal communication affect interactions with others and demonstrate the use of key non verbal communications skills

•project the right body language •make eye contact and use open handed gestures •modulate your tone of voice.