ClassMarker Pre Exam must study
A person has been arrested when he or she has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant. Which of the following is not an element required for an arrest? A) Intent to arrest B)Authority to arrest C) Actual or constructive seizure D) Understanding by the individual that he or she is being arrested E) None of the above because each is a required element
E) None of the above because each is a required element
Which of the following is not a question the investigating officer should ask an operator during the post collision interview? A) Exactly where were you when you first saw the other car? B) What were you doing at the moment you realized you were in trouble? C) Exactly what did you do, if anything, to avoid the crash? D) Can you tell me what happened? E) None of the above responds to the question because all of the above are proper questions the investigator might ask the driver.
E) None of the above responds to the question because all of the above are proper questions the investigator might ask the driver.
The right to an attorney at the time the suspect requests a lawyer is required by Miranda v. Arizona. Weeks v. United States. Escobedo v. Illinois. Wong Sun v. United States.
Escobedo v. Illinois.
When can an officer search contemporaneous with a lawful arrest? Execution of writ of habeas corpus Execution of a lawful arrest Corpus delicti Writ of execution
Execution of a lawful arrest
26.2.1) A peace officer may arrest, without warrant, for all of the following except? He has probable cause to believe that the individual has violated a Protective Order and it does not occur in the officer's presence. Persons found in suspicious places under suspicious circumstances that indicate that the individual has committed a felony offense. Persons who the officer has probable cause to believe have committed an assault resulting in bodily injury to another and the peace officer has probable cause to believe that there is danger of further injury. Persons who the officer has a reasonable suspicion that they have committed an assault resulting in bodily injury to another.
Persons who the officer has a reasonable suspicion that they have committed an assault resulting in bodily injury to another.
(24.5.2) Which of the following statements is true in regards to making a "high-risk vehicle stop (felony stop)? A) If possible, park the patrol unit immediately to the left of the suspect's vehicle, preventing him from exiting his vehicle. B) If possible, park the patrol unit directly in front of the suspect's vehicle, making it more difficult for him to drive away. C) If possible, park the patrol unit directly to the right of the suspect's vehicle, helping to protect the patrol unit from oncoming traffic. D) If possible, offset the patrol vehicle, behind and to the left of the suspect's vehicle providing enough distance to safely observe persons in vehicle.
D) If possible, offset the patrol vehicle, behind and to the left of the suspect's vehicle providing enough distance to safely observe persons in vehicle.
(9.1.17) A "tail-lamp" shall emit a red light plainly visible at a distance of ________ feet from the rear of the vehicle. 1000 500 150 300
1000
9.1.17) Hazard lamps shall be visible at a distance of _______ feet in normal light. 500 300 1000 200 400
500
When Mr. "A" agrees with one or more persons to engage in a felony offense and one of them carries out the offense, Mr. "A" may be charged with A) the offense itself. B) criminal attempt. C) a class C misdemeanor. D) criminal conspiracy. E) None of the above responds to the question
D) criminal conspiracy.
13.1.1) "____________" means the delivery of a controlled substance in the course of professional practice or research, by a practitioner or person acting under the lawful order of a practitioner to an ultimate user or research subject. The term includes prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery. Deliver Manufacture Administer Dispense
Dispense
Which of the following is true about Law enforcement's role in an arrest? A) In physical arrest, the police role is essentially defensive. B) The word defensive is defined as "serving to protect," "devoted to resisting or preventing aggression or attack" C) It is not aggression when an officer takes the initiative to confront a law violator - the officer's act is not one of hostility; it is one designed to defend and protect the community from criminality D) An officer's problems may grow out of the use of force employed against a combative but unarmed law violator when reasonable alternatives to use of force are not employed. E) All of the above are true statements
E) All of the above are true statements
A person assaults a peace officer because the officer filed charges against the individual. The person has committed . Aggravated Assault Criminal Mischief Assault Retaliation No offense if the charges are found to be unfounded
Aggravated Assault
8.7.2) The most serious crime that a person commits is "_______________" if they knowingly cause serious bodily injury to another in the course of committing theft. Robbery Burglary Aggravated Robbery Aggravated Theft
Aggravated Robbery
24.8.1) The following are statements concerning law enforcement's relationship to "crime prevention. Which of the statements would not be considered to be true? "Crime prevention" is a proactive, anticipation, recognition, and appraisal of a crime risk and the action needed to remove or reduce that risk. In order to prevent the occurrence of crime, the opportunity for someone to commit the crime must be eliminated or reduced. Every law enforcement officer is a crime prevention officer by the technical definition as well as the moral responsibilities of the job. An officer's primary responsibility is not crime prevention.
An officer's primary responsibility is not crime prevention.
What type of entry is required for "burglary of a vehicle"? A breaking must be shown Any part of the body or anything attached to the body reaches inside the vehicle The entire body must be within the vehicle in every case The taking of an object from outside the vehicle
Any part of the body or anything attached to the body reaches inside the vehicle
n the Code of Criminal Procedure, which article deals with the peace officer's duty to prevent injury? Article 12.01 Article 6.06 Article 17.21 Article 18.16
Article 6.06
Which of the following means "custody?" PC 9.01 (1) and 38.01 (1) (A) [17.1.3] A) being interviewed by a peace officer B) detained by a peace officer C) under restraint by a public servant, pursuant to a court order D) stopped for a traffic violation E) none of the listed answers are correct
C) under restraint by a public servant, pursuant to a court order
(1.3.1) "_______" is incident specific. This is heavy-duty stress that causes psychological and physical discomfort for 2 days to 1 month. It is considered "normal" response to an abnormal extreme situation. PTSD CIS COPD CID
CIS
8.5.1) A person, while intoxicated, commits ___________ if he or she intentionally or knowingly causes the death of a pregnant woman and her unborn child. Murder Manslaughter Intoxication Manslaughter Capital Murder
Capital Murder
8.10.1) A person commits the offense "Unlawfully Carrying Weapons" if he intentionally, knowingly, or recklessly carries on or about his person a _____________. Shotgun Club Switch Blade Knife Rifle
Club
8.10.1) A person commits the offense "Unlawfully Carrying Weapons" if he intentionally, knowingly, or recklessly carries on or about his person a _____________. Switch Blade Knife Shotgun Rifle Club
Club
17.2.2) "____________" is defined as that degree of influence the officer must exert over the violator to take him or her safely into custody. Strength Control Arrest Constraint
Control
(6.3.5) If a criminal case is tried in the justice court and the ruling of the court is appealed, which court hears the appeal? Municipal Court Texas Court of Criminal Appeals District Court County Court
County Court
Violent Crimes" means: A) Any criminal offense defined in the Penal Code that results in a personal injury to a victim B) Any federal law that results in a personal injury to a victim C) An act that is not an offense under the Penal Code involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death sustained in an accident caused by a driver in violation of Section 550.021, Transportation Code (Hit & Run) D) All of the above E) Only a & b
D) All of the above
iolent Crimes" means: A) Any criminal offense defined in the Penal Code that results in a personal injury to a victim B) Any federal law that results in a personal injury to a victim C) An act that is not an offense under the Penal Code involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death sustained in an accident caused by a driver in violation of Section 550.021, Transportation Code (Hit & Run) D) All of the above E) Only a & b
D) All of the above
2.1.2) Police professionalism was an issue in the late 1960's when the "____________" stated in 1967 that, in their opinion, police personnel should have two or four years of college education. This Commission indicated that the ultimate aim of all police departments was for personnel with general enforcement powers to have baccalaureate degrees. Wickersham Commission National Advisory Commission on Criminal Justice Standards and Goals (NAC) President's Commission on Law Enforcement and the Administration of Justice Federal Bureau of Investigation
President's Commission on Law Enforcement and the Administration of Justice
30.1.1.2 Court case held that 4th Amendment permits the warrantless search of a vehicle when there is Probable Cause to believe that the vehicle contains contraband or evidence of criminal activity. Whren v. U.S. Maryland v. Wilson Pennsylvania v. Mimms Pryor v. State Graham v. State
Pryor v. State
8.5.4 If a man intentionally grabs a woman's breast (under the shirt) in a public place with the intent to gratify himself sexually he has committed the offense of ? Indecent exposure Assault by exposure Public lewdness Sexual assault
Public lewdness
A man walks into a store and demands all the money in the register or he will kill the clerk. The clerk gives the perpetrator money from the register and the suspect leaves the store. After catching the person, you charge him with . Aggravated Robbery Robbery Theft Felony Theft Terroristic Threat
Robbery
Which of the following grades of punishments is assigned to the following: "A person adjudged guilty. . . shall be punished by confinement in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years; in addition, the person may be punished by a fine of not to exceed $10,000." Class A Misdemeanor Capital Felony Second-Degree Felony Third-Degree Felony First-Degree Felony
Second-Degree Felony
Which of the following grades of punishments is assigned to the following: "A person adjudged guilty. . . shall be punished by confinement in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years; in addition, the person may be punished by a fine of not to exceed $10,000." Third-Degree Felony Class A Misdemeanor Capital Felony Second-Degree Felony First-Degree Felony
Second-Degree Felony
(8.10.1) Which of the following would be included in the definition of an "illegal knife" in the Penal Code? Zip Knife Spear A knife with a blade length of 5.5 inches or less. Switch Blade Knife
Spear
(9.1.1) "____________________" means a vehicle that is not designed or used primarily to transport persons or property and that is only incidentally operated on a highway. Implement of Husbandry Special Mobile Equipment Farm Tractor Vehicle
Special Mobile Equipment
(13.2.5) The penalty for "Manufacture of Dangerous Drug" is Class "B" Misdemeanor State Jail Felony Class "A" Misdemeanor 3rd Degree Felony
State Jail Felony
(24.5.1) Which of the following steps in the "7-step violator contact method" affords the violator an opportunity to explain or justify the violation? Identification of driver Statement of action to be taken Greeting and identification of the police agency Statement of violation committed
Statement of violation committed
(6.8.2) An instrument issued by the clerk of a court or a justice of the peace commanding that the person named therein appear at a specific time and place is a/an . Subpoena Warrant of Arrest Commitment Complaint
Subpoena
Which of the following is the main difference between resisting arrest and evading arrest? Suspect uses force to avoid apprehension in resisting but merely runs away in evading. None of the above Suspect uses force to avoid apprehension in evading but not in resisting. Suspect uses physical force in avoiding apprehension in each; therefore, there is no difference.
Suspect uses force to avoid apprehension in evading but not in resisting.
7.1.6) The act of imagining - or of doubt or apprehension of something without proof, or on slight evidence" is Black's Law definition of: Beyond a Reasonable Doubt Probable Cause Reasonable Doubt Suspicious Circumstances
Suspicious Circumstances
26.2.1) A person commits the offense of "_______________" if he threatens to commit any offense involving violence to any person or property with intent to place any person in fear of imminent serious bodily injury. Terroristic Threat Harassment Disorderly Conduct Official Oppression
Terroristic Threat
Graham v. Connor, 490 U.S. 386 (1989) states that The U.S. Supreme Court ruled that a law enforcement 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. ...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. " 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. "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.
The U.S. Supreme Court ruled that a law enforcement 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.
Which of the following is false regarding the operation of an authorized emergency vehicle in an emergency? The operator of an authorized emergency vehicle may proceed past a red light after slowing down as necessary for safe operation. The emergency audible and visual signals give the operator the right of way; therefore, the operator may proceed as desired. The provisions of the Code do not protect the operator from the consequences of reckless disregard for the safety of others. While responding to an emergency call, the operator is exempt from the rules regulating traffic in the Transportation Code.
The emergency audible and visual signals give the operator the right of way; therefore, the operator may proceed as desired.
(4.3.4) If the U.S. Supreme Court decides to hear a case on appeal it issues a Writ of Habeas Corpus Capias Mandamus Writ of Certiorari
Writ of Certiorari
(26.2.2) Under the Family Code the definition of "Family Violence" would include all of the following except: a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault or sexual assault. defensive measures a person takes to prevent a family assault. sexual assault. and act by a member of a family or household against another member of the family of the household that is intended to result in physical harm, bodily injury, assau
defensive measures a person takes to prevent a family assault.
An affirmative defense to prosecution None of the above establishes no defense for the accused in a criminal action. excuses criminal responsibility if the defense is proven by a preponderance of the evidence. excuses criminal responsibility if the defense is proven to exist beyond a reasonable doubt. creates a doubt about criminal intent.
excuses criminal responsibility if the defense is proven by a preponderance of the evidence.
In completing traffic citations for an accident, officers should cite the citation as a collision by _____________ include all violations on the citation. never issue "no license" citations, because the accident report is also a complaint. indicating the violation that directly caused the collision. arrest the operators in each accident and take the parties before a magistrate.
indicating the violation that directly caused the collision.
According to the Code of Criminal Procedure, a peace officer may arrest, without a warrant, when a felony or breach of the peace has been committed in the presence or within view of a _____ and such person verbally orders the arrest of the offender. magistrate bailiff private citizen supervisor
magistrate
According to the Code of Criminal Procedure, a peace officer may arrest, without a warrant, when a felony or breach of the peace has been committed in the presence or within view of a _____ and such person verbally orders the arrest of the offender. magistrate private citizen supervisor bailiff
magistrate
Accomplices to offenses are not treated the same as the principal offender. must be prosecuted for the next lower offense. are prosecuted only in felony cases. may be charged and convicted for the same offense as the principal offender.
may be charged and convicted for the same offense as the principal offender.
A witness to an offense refuses to give her name to an investigating officer. The lady . has committed a civil but not criminal offense need not identify herself to the officer can be arrested for "failure to identify" may not be charged with a criminal offense
may not be charged with a criminal offense
witness to an offense refuses to give her name to an investigating officer. The lady . can be arrested for "failure to identify" need not identify herself to the officer may not be charged with a criminal offense has committed a civil but not criminal offense
may not be charged with a criminal offense
8.2.1) The Penal Code classifies "culpable mental states" according to relative degrees, from highest to lowest a follows: intentional, knowing, reckless, and criminal negligence knowing, intentional, reckless, and criminal negligence intentional, knowing, criminal negligence, and reckless intentional, reckless, knowing, and criminal negligence
ntentional, reckless, knowing, and criminal negligence
2.1.4) The minimum standards for the annual firearms proficiency course of fire for __________shall be a minimum of 30 rounds of duty ammunition fired at a range of at least 50 yards, including at least one timed reload; however, an agency may, in its discretion, allow a range of less than 50 yards but not less than 10 yards if the minimum passing percentage is raised to 90. (Rule 217.21) patrol rifles shotguns fully automatic weapon handguns
patrol rifles
Question 190 of 250 (14.1.5) A child may be detained in a "Juvenile Process Office" for each of the following except: the issuance of warnings to the child as required or permitted by the Family Code. questioning where the child has not received required warnings from a magistrate. the photographing and fingerprinting of the child if otherwise authorized at the time of temporary detention by this title. return to custody of a person as designated by the Family Code.
questioning where the child has not received required warnings from a magistrate.
According to the Code of Criminal Procedure, a search warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and seize the same. provide said contraband for use during any show-cause hearing. seize listed property and secure same in an approved storage facility. search for listed suspects and arrest same.
search for any property or thing and seize the same.
A person arrested by order of any magistrate available. any district judge. search warrant shall be taken before the issuing magistrate. the sheriff.
search warrant shall be taken before the issuing magistrate.
A person arrested by order of search warrant shall be taken before the issuing magistrate. any district judge. any magistrate available. the sheriff.
search warrant shall be taken before the issuing magistrate.
A person arrested by order of search warrant shall be taken before the issuing magistrate. any district judge. the sheriff. any magistrate available.
search warrant shall be taken before the issuing magistrate.
(26.2.1) Under PC 25.07, a person commits an offense if, in violation of a protective order the person knowingly or intentionally communicates in all of the following situations except: to their personal attorney in regards to the mandates of the protective order. in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the order prohibits any communication with a protected individual or a member of the family or household. a threat through any person to a protected individual or a member of the family or household. directly with a protected individual or a member of the family or household in a threatening or harassing manner.
to their personal attorney in regards to the mandates of the protective order
(8.7.4) A person commits the offense of "Theft" if they __________ appropriate property with intent to deprive the owner of the property. unlawfully by accident by mistake knowingly willingly
unlawfully
A person may not be prosecuted for or convicted of an offense (other than perjury, aggravated perjury, or traffic offenses) that he or she committed when younger than seventeen unless juvenile court waives jurisdiction. younger than eighteen years of age. younger than fifteen years of age unless juvenile court waives jurisdiction. younger than eighteen years of age unless juvenile court waives jurisdiction.
younger than seventeen unless juvenile court waives jurisdiction.
Whenever a peace officer meets resistance in making an arrest or search, the officer may use any force to overcome resistance. call any male person in the area to assist but may not call a female person to help. call military people to assist in making the arrest. call upon as many citizens as necessary to aid in the arrest or search.
call upon as many citizens as necessary to aid in the arrest or search.
(14.1.6) According to the Family Code, which of the following statements is correct? A law enforcement officer may take temporary custody of a child to take the child's photograph if the officer has probable cause to believe that the child has engaged in delinquent conduct. A law enforcement officer may take temporary custody of a child to take the child's photograph if the officer has a "hunch" that the child's photography will not be of material assistance in the investigation of that conduct. A law enforcement officer may take temporary custody of a child to take the child's photograph if the officer has "reasonable suspicion" to believe that the child has engaged in delinquent conduct. A law enforcement officer may take permanent custody of a child to take the child's photograph if the officer has probable cause to believe that the child has engaged in delinquent conduct.
A law enforcement officer may take temporary custody of a child to take the child's photograph if the officer has probable cause to believe that the child has engaged in delinquent conduct.
14.1.7) A law enforcement officer may issue a "field release citation" as provided by CCP Article 14.06 in place of taking a "child" into custody for __________ , only if the officer releases the child to the child's parent, guardian, custodian, or other responsible adult. All Class "A", "B", and "C" Misdemeanors" A violation of PC 49.02, "Public Intoxication" "Deadly Conduct" State Jail Felony
A violation of PC 49.02, "Public Intoxication"
(6.1.2) Which of the following statements is true concerning the grand jury? A) In Texas a person charged with a felony has a right to be indicted by a grand jury. B) The defendant has a constitutional right to be represented by an attorney at the grand jury. C) The proceedings are public. D) All of the above statements are true.
A) In Texas a person charged with a felony has a right to be indicted by a grand jury.
Tennessee v. Garner, 471 U.S. 1 (1985): states that The U.S. Supreme Court ruled that a law enforcement 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. "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. 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. ...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. "
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.
Regarding right-of-way rules, which of the following is False? A) Whenever an authorized emergency vehicle making use of audible and visible signals approaches, vehicles yielding to the emergency vehicle are required to move to a position parallel to and as close as possible to the right-hand edge of the roadway clear of any intersection and to stop there until the emergency vehicle has pass B) A police patrol vehicle making use of visual and audible signals is given the right-of-way and therefore does not have to worry about due regard for the safety of others. C) Operators of vehicles emerging from an alley must yield the right-of-way to any pedestrian approaching on a sidewalk. D) A person convicted of an offense that is a misdemeanor under this subtitle for which another penalty is not provided shall be punished by a fine of not less than $1 or more than $200
B) A police patrol vehicle making use of visual and audible signals is given the right-of-way and therefore does not have to worry about due regard for the safety of others.
Whenever a person is involved in an accident involving damage to another vehicle, the person is required by law to A) go to the nearest phone and contact the owner of the property damaged. B) return to the scene of the collision and give information including name, address, registration number of the vehicle and the name of the vehicle liability insurer. C) go to the nearest garage and arrange for a tow truck for the unattended parked vehicle. D) do all of the above. E) do none of the above.
B) return to the scene of the collision and give information including name, address, registration number of the vehicle and the name of the vehicle liability insurer.
Whenever a person is involved in an crash involving damage to another vehicle, the per-son is required by law to A) go to the nearest phone and contact the owner of the property damaged. B) return to the scene of the collision and give information including name, address, registration number of the vehicle and the name of the vehicle liability insurer. C) go to the nearest garage and arrange for a tow truck for the unattended parked vehicle. D) do all of the above. E) do none of the above.
B) return to the scene of the collision and give information including name, address, registration number of the vehicle and the name of the vehicle liability insurer.
9.1.17) A turn signal lamp shall emit a _____________ color if the lamp is mounted on the front of the vehicle. A) white or red, or a color between white and red B) white or amber, or a color between white and amber C) red or white, or a color between red and white D) red or yellow, or a color between red or yellow
B) white or amber, or a color between white and amber
7.1.7) In "___________" the U.S. Supreme Court said, "If subjective good faith alone were the test, the protection of the Fourth Amendment would evaporate, and the people would be "secure in their persons, houses, papers, and effects" only in the discretion of the police. The probable cause test, then, is an objective one; for there to be probable cause, the facts must be such as would warrant a belief by a reasonable man." Terry v. Ohio Mapp v. Ohio Beck v. Ohio Chimel v. California
Beck v. Ohio
7.1.8) The U.S. Supreme Court in "__________" said that a person cannot be required to identify himself, even when a 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. Persons who have been lawfully detained are under no obligation to answer questions posed by officers. Beck v. Ohio Aguilar v. Texas Terry v. Ohio Brown v. Texas
Brown v. Texas
7.1.8) The U.S. Supreme Court in "__________" said that a person cannot be required to identify himself, even when a 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. Persons who have been lawfully detained are under no obligation to answer questions posed by officers. Terry v. Ohio Beck v. Ohio Aguilar v. Texas Brown v. Texas
Brown v. Texas
What type of entry is necessary in the crime of burglary? A) The full body of the actor must enter the building B) The act of breaking must be proven to constitute an entering C) The intrusion of any part of the body or any physical object attached to the body D) A bullet is fired into a building or residence E) None of the above responds to the question
C) The intrusion of any part of the body or any physical object attached to the body
Which of the following statements is false? [17.2.2] A) An officer needs a range of decision-making tools that permits use of exactly that degree of control that constitutes reasonable force. B) An officer's problems may grow out of the use of force employed against a combative but unarmed law violator when reasonable alternatives to use of force are not employed. C) Violence is that degree of influence the officer must exert over the violator to take him or her safely into custody. D) It is not aggression when an officer takes the initiative to confront a law violator - the officer's act is not one of hostility; it is one designed to defend and protect the community from criminality. E) None of the listed statements are false.
C) Violence is that degree of influence the officer must exert over the violator to take him or her safely into custody.
Which of the following movements is not permitted by a vehicle passing another vehicle on the right side? A) When the vehicle overtaken is making or about to make a left turn B) Upon a street with unobstructed pavement not occupied by a parked vehicle and of sufficient width for two or more lines of traffic in each direction C) When such movement is made by driving off the main-traveled portion of the highway D) None of the above
C) When such movement is made by driving off the main-traveled portion of the highway
Police work, by its very nature, however, can be driven by a single-minded determination to just getting the job done; an ends justify the means attitude. Which of the following is not a result of this type of police behavior? In time, this "ends justify the means" outlook evolves into an "us versus them" approach to law enforcement. For some officers, the ends, or objectives, have become so important to them, that they will resort to using borderline means or risky shortcuts to accomplish what they think is right and proper, regardless of what the law requires or what their agency policies dictate. The potential for police abuse of power is considerably magnified. Whatever the individual police officer may personally think about crime, criminals, and the law, he or she must perform their duty in a competent and fair-minded manner.
For some officers, the ends, or objectives, have become so important to them, that they will resort to using borderline means or risky shortcuts to accomplish what they think is right and proper, regardless of what the law requires or what their agency policies dictate.
________ is an aggressive act committed by any person that does not amount to an assault that is necessary to accomplish an objective. Protection Custody Justification Force
Force
(7.1.14) The "_________________" doctrine is the notion that evidence obtained after illegal government action will be excluded from evidence. This pertains not only to physical or tangible materials generally subject to the "Exclusionary Rule", but also intangibles such as subsequent confessions, admission, identifications, and testimony obtained as a result of the initial unlawful activity. Fruit of the Poisonous Tree Katz Carroll Plain VIew
Fruit of the Poisonous Tree
During an administrative investigation, officers may be compelled to answer questions, participate in a line-up, or take a polygraph examination. If the officer is warned of the possible consequences of non-cooperation, s/he may be disciplined. This information is not admissible in a criminal trial under: [17.3.8] Tennessee v Garner Gideon v Wainwright Baskins v Robbins Garrity v New Jersey
Garrity v New Jersey
A person yells an obscenity in the commissioner's court that causes a disturbance; he has committed . Harassment Disruption of Official Meeting Hindering Proceedings Abuse of Official Capacity Disrupting Meeting
Hindering Proceedings
(24.5.2) Which of the following statements is true in regards to making a "high-risk vehicle stop (felony stop)? If possible, park the patrol unit directly to the right of the suspect's vehicle, helping to protect the patrol unit from oncoming traffic. If possible, offset the patrol vehicle, behind and to the left of the suspect's vehicle providing enough distance to safely observe persons in vehicle. If possible, park the patrol unit directly in front of the suspect's vehicle, making it more difficult for him to drive away. If possible, park the patrol unit immediately to the left of the suspect's vehicle, preventing him from exiting his vehicle.
If possible, park the patrol unit immediately to the left of the suspect's vehicle, preventing him from exiting his vehicle.
8.10.1) Which of the following weapons is not specifically listed as a "prohibited weapon" in the Penal Code? Machine Gun Firearms Silencer An explosive weapon Illegal Knife
Illegal Knife
(3.3.1) In the PC, a person commits the crime of "________________" if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law. Obstruction or Retaliation Bribery Improper Influence Coercion of Public Servant or Voter
Improper Influence
6.1.2) Under CCP 20.011, a defendant in a criminal matter is not entitled to be represented by counsel: Inside the chambers of a grand jury room while the grand jury is conducting proceedings. In an adversarial hearing. In a police custodial interrogation. In a felony trial
Inside the chambers of a grand jury room while the grand jury is conducting proceedings.
(29.3.2) Which of the following would not constitute Capital Murder? Murder during the commission of felony criminal mischief Murder for remuneration or promise of remuneration Murder of a fireman acting in performance of an official duty Murder during the commission of arson
Murder during the commission of felony criminal mischief
Justification as a Defense - PC 9.02 means 17.1.2. To cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force. It is justified when force is justified by this chapter 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. Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person. It is a defense to prosecution that the conduct in question is justified under this chapter. PreviousNext
It is a defense to prosecution that the conduct in question is justified under this chapter.
ustification as a Defense - PC 9.02 means 17.1.2. To cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force. It is a defense to prosecution that the conduct in question is justified under this chapter. It is justified when force is justified by this chapter 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. Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.
It is a defense to prosecution that the conduct in question is justified under this chapter.
hich of the following in not correct in reference to Racial Profiling? These vehicle stops are usually the result of routine traffic stops and they occur typically along city streets and Farm to Market Roads. Racial profiling is any police street or traffic stop, based solely on racial or ethnic stereotypes that has the end result of treating minorities significantly differently than non-minority citizens. The perceived police practice of stopping and searching vehicles operated by African Americans, especially those that are suspected of being drug couriers, had been termed "Driving While Black," or "DWB." The majority of complaints alleging racial profiling follow vehicle stops by police.
These vehicle stops are usually the result of routine traffic stops and they occur typically along city streets and Farm to Market Roads.
25.1.1) Which of the following was not given as a "normal response" to a stressful situation? To take flight To fight To negotiate To fight or to take flight
To negotiate
(8.5.2) A person "transports" several young Mexican men with the intent of forcing them to labor in fruit orchards in south Texas. What crime, if any, has occurred? Trafficking of Persons Unlawful Transport Kidnapping Unlawful Restraint
Trafficking of Persons
Police work, by its very nature, however, can be driven by a single-minded determination to just getting the job done; an ends justify the means attitude. Which of the following is not a result of this type of police behavior? Whatever the individual police officer may personally think about crime, criminals, and the law, he or she must perform their duty in a competent and fair-minded manner. The potential for police abuse of power is considerably magnified. In time, this "ends justify the means" outlook evolves into an "us versus them" approach to law enforcement. For some officers, the ends, or objectives, have become so important to them, that they will resort to using borderline means or risky shortcuts to accomplish what they think is right and proper, regardless of what the law requires or what their agency policies dictate.
Whatever the individual police officer may personally think about crime, criminals, and the law, he or she must perform their duty in a competent and fair-minded manner.
Deadly force in defense of person - PC 9.32 states that a person is justified in using deadly force against another if the actor would be justified in using force against the other under Section 9.31; and when and to the degree the actor reasonably believes the deadly force is immediately necessary. a person is justified in using force or deadly force against another to protect a third person if under the circumstances as the actor reasonably believes them to be, the actor would be justified under this section in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect the actor reasonably believes that his intervention is immediately necessary to protect the third person. 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 the other's use or attempted use of unlawful force. a person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.
a person is justified in using deadly force against another if the actor would be justified in using force against the other under Section 9.31; and when and to the degree the actor reasonably believes the deadly force is immediately necessary.
Self Defense - PC 9.31 states that a person is justified in using force or deadly force against another to protect a third person if under the circumstances as the actor reasonably believes them to be, the actor would be justified under this section in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect the actor reasonably believes that his intervention is immediately necessary to protect the third person. 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 the other's use or attempted use of unlawful force. a person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself. a person is justified in using deadly force against another if the actor would be justified in using force against the other under Section 9.31; and when and to the degree the actor reasonably believes the deadly force is immediately necessary.
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 the other's use or attempted use of unlawful force.
If a person abducts another with intent to interfere with the performance of government, it is false imprisonment. kidnapping. a third-degree felony aggravated kidnapping.
aggravated kidnapping.
(10.1.3) If a person who is suspected of being "DWI" refuses to submit to the taking of a specimen as authorized by TC Chapter 724, whether expressly or because of an intentional failure of the person to give the specimen, the peace officer shall to all of the following except: make a written report of the refusal to the director of the DPS. issue a temporary driving permit to the person unless DPS records show or the officer otherwise determines that the person does not hold a license to operate a motor vehicle in this state. take possession of any license issued by this state and held by the person arrested. issue the person a citation and allow them to proceed. serve notice of license suspension or denial on the person.
issue the person a citation and allow them to proceed.
Arrest and Search - PC 9.51 is 17.1.2. justified when the use of force is justified by this chapter. justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person. justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit. justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.
justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.