Capstone ClassMarker TCOLE Practice Test

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"An examination of a man's house or other building or premises, or his person, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which he was charged. A prying into hidden places for that which is concealed and is not a search to observe that which is open to view." This is Black's Law Dictionary definition for A) search B) seizure C) stop and frisk D) temporary detention E) arrest

a

(1.7.2) Based on the BPOC, which of the following statements would be a "myth." A) All alcoholics are skid-row drunks. B) Many alcoholics hold high-level jobs and function well at work for years before their performance is noticeable affected by drinking. C) No one really knows what drives a person to drink. Studies have implicated physical, genetic, psychological, environmental, and social factors. D) Alcoholism is a disease for which recovery is guaranteed IF the alcoholic begins and sticks with a recovery program. If not, premature death is likely.

a

(11.4.1) "___________" - A written or oral application for a ruling or order from the court. A) Motion B) Execution C) Injunction D) Appeal

a

(12.1.3) Under the Alcoholic Beverage Code, a person accepting a license or permit of a liquor license specifically consents that _________________ may enter the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code. A) an authorized representative of the Texas Alcoholic Beverage Commission. B) a District Attorney C) any Magistrate D) a Mayor

a

(13.1.1)) "The Controlled Substance Act" in Texas is found in the A) Health and Safety Code B) Business and Professions Code C) Narcotics Code D) Penal Code

a

(13.2.5) The penalty for "Manufacture of Dangerous Drug" is A) State Jail Felony B) Class "B" Misdemeanor C) 3rd Degree Felony D) Class "A" Misdemeanor

a

(13.2.5) The penalty for "Possession of Dangerous Drug" unless allowed under the law (for example: with a prescription) is A) Class "A" Misdemeanor B) 3rd Degree Felony C) State Jail Felony D) Class "B" Misdemeanor

a

(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 A) Speeding B) all "A" or "B" misdemeanors C) a "DWI" D) Deadly Conduct

a

(15.3.4) "Chronological" means; A) arrangement of information in order of occurrence. B) arrangement of information starting with the least important going to the most important. C) arrangement of information starting with the most important going to the least important. D) None of the above.

a

(19.3.2) The minimum standards for the annual firearms proficiency course of fire for shotguns shall be a minimum of _____rounds of duty ammunition fired at a range of at least _____ yards. A) 5, 15 B) 25, 25 C) 5, 25 D) 10, 15

a

(2.1.4) The most minimum age at which a person may ever become a peace officer in Texas is____. (Rule 217.1) A) 18 B) 20 C) 21 D) 25

a

(22.3.2) Which of the following was not listed by the BPOC as a "factor" contributing to traffic collisions? A) Occupation B) Over confidence C) Impatience D) Self-righteousness

a

(23.2.8) The crime triangle offers an easy way to understand and visualize crime problems. The crime triangle also provides an easy way to explain the analysis stage of the SARA model, and may help students perform analysis. The three specific elements of the triangle that were listed by the BPOC were: A) Offender, Victim, and Location B) Offender, Victim, and Corrections C) Offender, Courts, and Location D) Law enforcement, Victim, and Location

a

(24.5.1) In which step of the "Seven-step Violator Contact Method" is the "tone" set for the contact? A) Step 1 B) Step 4 C) Step 2 D) Step 3

a

(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: A) to their personal attorney in regards to the mandates of the protective order. B) 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. C) a threat through any person to a protected individual or a member of the family or household. D) directly with a protected individual or a member of the family or household in a threatening or harassing manner.

a

(26.2.2) The term "Family" under Chapter 71 of the Family Code would include all of the following except: A) the family pastor. B) individuals who are the parents of the same child without regard to marriage. C) a foster child and foster parent, without regard to whether those individuals reside together. D) individuals who are former spouses of each other.

a

(29.2.10) "____________" is defined as an individual who has fantasies, urges or behaviors that involve illegal sexual activity with a prepubescent child or children (generally 13 years or younger.) A) Pedophilia B) Power rapist C) Sadistic rapist D) Pervert

a

(6.2.3) If a peace officer refuses to execute a legal process directed to him or her by the court, he or she is liable for A) A civil fine of not less than $10 or more than $200. B) A civil fine of not less that $25 or more than $500. C) A criminal fine of not less than $10 or more than $100. D) A civil fine of not less than $20 or more than $200.

a

(6.6.2) An arrest in Texas may be made . A) anytime B) only between sunrise and sunset on Class "C" charges C) you need additional information to correctly answer this question D) only during the time specified in a warrant

a

(7.1.1) In U.S. v. Mendenhall, the U.S. Supreme Court determined that "____________________" because law enforcement officials approached the woman and requested to see her identification and ticket. A) the person was not considered seized and was free to go B) the person was considered seized C) the person was under arrest and not free to go D) the person was under arrest

a

(7.1.13) Black's Law Dictionary defines "_____________" as a detailed list of articles of assets containing a designation or description of each specific article. A) Inventory B) Committment C) Search Warrant D) Capias

a

(7.1.3) Any peace officer __________ arrest without warrant persons who the peace officer has probable cause to believe have committed an offense involving a violation of a protective order under PC Section. 25.07 or 38.112, if the offense is committed in the presence of the officer. A) shall B) may C) may not D) none of the above are correct

a

(7.1.3) Any peace officer __________ arrest without warrant persons who the peace officer has probable cause to believe have committed an offense involving a violation of a protective order under PC Section. 25.07 or 38.112, if the offense is not committed in the presence of the officer. A) shall B) must always C) may D) may not

a

(7.1.3) CCP Article __________ states that any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. A) 18.16 B) 24.16 C) 12.16 D) 21.16 E) 23.16

a

(7.1.4) The affidavit made before magistrate or district or county attorney is called a "____________" if it charges the commission of an offense. (Usually used to charge someone in a misdemeanor case.) A) Complaint B) Subpoena C) Arrest Warrant D) Committment

a

(7.1.6) The Code of Criminal Procedure specifically states, "In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance ___________." A) After giving notice of his authority and purpose. B) But only after the office states "I have a valid warrant." C) But only if the officer is certain the owner of the house is present. D) But only if there is a valid emergency.

a

(8.10.1) Which of the following would be classified as a "short barrel firearm" in the Penal Code? A) a shotgun with a 16-inch barrel B) a rifle with an overall length of more than 30 inches C) a shotgun with an overall length of less than 30 inches D) a rifle with a 18-inch barrel

a

(8.2.1) A person acts "______________", with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. A) recklessly, or is reckless B) knowingly or with knowledge C) intentionally or with intent D) with criminal negligence, or is criminally negligent

a

(8.5.4) Cadet Jones did not study for his Penal Code test. In order to gain more time for study, he calls the Academy office and states, "a bomb will go off there in 20 minutes". As a result, the Academy is evacuated while the building is searched. Which of the following is the most serious offense that Cadet Jones can be charged with? A) Terroristic Threat B) Hoax Bomb C) Disrupting Meeting or Procession D) Deadly Conduct

a

(8.6.1) A person commits "____________________ " if the person takes or retains a child younger than 18 years when the person knows that the person's taking or retention violates the express terms of a judgment or order of a court disposing of the child's custody. A) Interference with Child Custody B) Unlawful Restraint C) Parental Misconduct D) Kidnapping

a

(8.7.1) A person intentionally sets his neighbor's house on fire. What is the most serious crime, if any, that has occurred? A) Arson B) Negligent Destruction of Property C) Criminal Trespass D) Reckless Mischief

a

(8.7.3) A pickup is parked in front of a residence. A person steals property that is worth $50 that is lying in the pickup-bed. What is the most serious crime that has occurred? A) Burglary of a Vehicle B) Burglary C) Theft D) Robbery

a

(8.7.4) A person commits the offense of "Theft" if they __________ appropriate property with intent to deprive the owner of the property. A) unlawfully B) by mistake C) willingly D) by accident E) knowingly

a

(9.1.11) An operator on a "paved road" ______________ an operator on an unpaved road. A) has right-of-way over B) does not have right-of-way over C) must always stop an yield to D) none of the above

a

(9.1.12) An operator emerging from an alley, driveway, or building in a business or residence district shall " _______________." A) stop the vehicle before moving on a sidewalk or sidewalk area extending across an alley or driveway; and yield the right-of-way to a pedestrian or an approaching vehicle to avoid collision B) blow his horn and move quickly into on-going traffic C) flash his lights and blow his horn and move quickly into the flow of traffic D) None of the above is required

a

(9.1.17) A motor vehicle shall be equipped with a horn in good working condition that emits a sound audible under normal conditions at a distance of at least _______ feet. A) 200 B) 500 C) 300 D) 400

a

(9.1.17) A turn signal lamp shall emit a ______________ color if the lamp is mounted on the rear of the vehicle. A) red or amber, or a color between red and amber B) yellow or white, or a color between yellow and white C) red or amber, or a color between red and blue D) amber or white, or a color between amber and white.

a

(9.1.17) In which of the following circumstances are headlights not required? A) half an hour after sunrise in clear weather conditions B) one hour before sunrise in clear weather conditions C) at twelve noon during a dust storm in which the visibility is less D) one hour after sunset in clear weather conditions

a

(9.1.4) In the Traffic Code, "Personal Injury" means; A) an injury to any part of the human body and that requires treatment. B) the same thing as "bodily injury" in the Penal Code. C) the same thing as "serious bodily injury" in the Penal Code. D) None of the above

a

(9.1.7) The lowest level drivers license that allows a person to legally operate a single motor vehicle with a gross vehicle weight rating of 26,000 pounds or less is a Class _____ driver's license. A) C B) B C) A D) M

a

(Texas Peace Officer, Chapter 15) "Communication" is based on; A) 60% + nonverbal B) 7-10% nonverbal C) 85% content D) 33-40% nonverbal

a

30.1.1.1 Of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American (Transportation Code 543.202) A) Race/Ethnicity B) Sexual Orientation C) Culture D) Gender

a

31.1.1.1. Theft or misuse of personal information or financial identifiers in order to gain something of value and or facilitate other criminal activity is A) identity crime B) a security alert C) dumper diving D) an expunction

a

A "frisk" of an individual is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has A) a weapon on or about his person that can be used to cause injury or death. B) in his possession an illegal controlled substance. C) in his possession implements of a crime. D) in his possession any contraband.

a

A cultural heritage that sets certain individuals apart from others in a variety of social relationships shared by a category of people is A) ethnicity. B) prejudice. C) discrimination. D) ethnocentrism.

a

A person may not pass within __ feet of a railroad crossing. (TC Sec. 545.056) A) 100 B) 150 C) 50 D) 75

a

An investigation into the cause and circumstances of the death of a person, and a determination made with or without a formal court hearing as to whether the death was caused by an unlawful act or omission is the definition of A) inquest. B) investigation. C) examination. D) inquiry.

a

An officer conducting a suspicious incident investigation to determine what, if anything, is occurring A) can interview people in the area without giving a statutory warning. B) must inform the person (s) of the statutory warning about self-incrimination. C) can frisk a person for officer safety even though there is no reasonable fear that the suspect may be in possession of a weapon. D) can place handcuffs on the person interviewed for officer safety.

a

Black's Law Dictionary defines probable cause as A) the apparent state of facts found to exist upon reasonable inquiry, which would induce a reasonably intelligent and prudent man to believe that a person had committed the crime charged. B) to imagine one guilty or culpable on slight evidence without proof. C) facts and circumstances within a peace officer's knowledge that would lead a reasonable and prudent person to believe that a crime has been, is being, or is about to be committed. D) the act of imagining or of doubting—the apprehension of something.

a

Defense of third person - PC 9.33 states that A) 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. B) 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. C) 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. D) 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

Definition of the NOUN "force": A) Strength or energy brought to bear, cause of motion or change, active power; moral or mental strength; capacity to persuade or convince. B) To achieve or win by strength in struggle or violence. C) To do violence to. D) To compel by physical, moral, or intellectual means.

a

In _________________ the U.S. Supreme Court indicated that law enforcement officers could "stop and frisk" a person under certain circumstances for "officer safety purposes" even though there was not probable cause to arrest the person "frisked." The purpose of the "stop and frisk" is to search for weapons. A) Terry v. Ohio B) Stone v. State C) Miranda v. Arizona D) Riddick v. New York

a

In making a felony stop, which of the following should not be done? A) Stop the suspect immediately since he may flee or elude the officer. B) Select a well-lighted location for the stop that limits the es-cape routes available to the felon. C) Maintain cover and concealment at all times until the suspect can be controlled and handcuffed. D) Always request and wait for backup assistance before making a felony stop. E) None of the above responds to the question

a

No person may be convicted of an offense unless each element of the offense is proved . A) beyond a reasonable doubt B) beyond the shadow of a doubt C) by a preponderance of the evidence D) to the level of probable cause E) None of the above is correct

a

Objections in a court of law are designed to keep improper evidence out of the case. When the defense attorney asks you a question, you should A) pause long enough to give the prosecutor time to object. B) raise an objection to the form of the question. C) tell the judge whether or nor you want to answer the question. D) answer the question before an objection is made. E) ignore the question if it is intended to provoke you to lose emotional control.

a

One of the most common sex offenses against children is A) indecent exposure. B) dirty jokes. C) kissing their feet. D) all of the above. E) none of the above.

a

Reasonable suspicion of criminal activity on a traffic stop should be based on_________. A) the totality of circumstances B) sixth sense C) the drivers attitude D) the driver's race or ethnicity.

a

Silhouetting provides suspect(s) with knowledge of officers' A) numbers, firepower, and approach. B) experience and strategic capabilities. C) ability to effectively use firepower. D) identity.

a

Suspect A enters a convenience store, puts his hand in his pocket and points a gun at the clerk through his jacket while demanding "all the money in the cash register." Although the clerk did not see the gun, she heard Suspect A pull back the weapon's hammer. The clerk puts the money into a sack and hands it to Suspect A, who runs out of the store. Suspect A is caught and charged with . A) robbery B) deadly assault C) aggravated robbery D) burglary

a

The Texas police officer has jurisdiction in all but one circumstance below. In which does the officer not have jurisdiction to investigate and issue a traffic citation if warranted? A) The violator is operating a motor vehicle in a reckless manner in a parking lot for which a fee is paid for parking motor vehicles. B) The operator is involved in a collision on a privately owned access way provided by a business establishment for the convenience of customers. C) An operator fails to stop for a stop sign when exiting a privately owned business onto a state highway. D) The violator is operating a motor vehicle registered in Texas on a city street while displaying an expired MVI certificate on the tenth day of the month. E) None of the above

a

The best view of street-front windows, sides of buildings, and potential hiding places is the A) lane nearest the curb. B) any of the above. C) lane nearest the center lane. D) center lane on a three-lane roadway.

a

The case law that directly affects how peace officers apply deadly force is: (17.1.3) A) Tennessee V. Garner B) Mapp V. Ohio C) Miranda V. Arizona D) None of the listed answers are correct

a

The final step the police officer takes in a given investigation is A) to present evidence in court. B) to reconstruct the crime scene. C) to interview potential witnesses. D) to submit the evidence to the lab.

a

The most important expression of cultural symbolism is A) language. B) money. C) clothing. D) credit cards.

a

Theft from a person without coercion or use of force is punishable as . A) Theft B) Theft of Service C) Robbery D) Aggravated Robbery E) Burglary

a

Things that are illegally possessed and that cannot be lawfully owned are A) contraband. B) mere evidence. C) fruits of a crime. D) all of the above. E) none of the above.

a

What does the phrase "Control is a two-way street" mean? A) An officer must be in complete self-control to be able to control a violator B) The officer's opinion is all that matters. C) It the officer's way or the highway!! D) The officer is going to ask you, then the officer will tell you, and then the officer will make you do what he says.

a

When being fired upon, which one of the following is not considered "cover"? A) Shrubs B) A mailbox C) A utility pole D) A vehicle

a

Whenever an offender escapes from custody: [17.1.3] A) peace officers may use reasonable force to effect the arrest or to prevent escape. B) officers should fire a warning shot in the air to alert the offender that further attempt to escape may result in officers using handguns to stop the fleeing offender. C) peace officers have a duty to retreat or desist from their efforts if the arrested person threatens resistance by force. D) peace officers should fire their handguns with intent to kill the suspect in order to prevent his or her escape.

a

Which of the following is a violation while operating a motor vehicle upon the highway? A) Failure to have the appropriate driver's license for the class of motor vehicle in the operator's immediate possession B) Disregarding highway warning signs when directed by a police officer C) When a person eighteen years of age wears a protective helmet while operating a motorcycle D) None of the above

a

Which of the following is not a pre-stop indicator of reasonable suspicion of criminal activity? A) Driver is conversing with passengers. B) Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) C) Driver is overly cautious, or driver/passengers repeatedly look at police car D) Driver begins using a car- or cell-phone when signaled to stop E) Not consistent with traffic flow

a

Which of the following may cause an offense of robbery to be upgraded to aggravated robbery? A) Uses or exhibits a deadly weapon B) Threatens or places a 45-year-old person in fear of imminent bodily injury or death C) Implies that a weapon is in the pocket of a jacket but never exhibits the weapon D) Causes bodily injury to another

a

Which of the following persons may not be issued any type of driver's license in the state of Texas? A) Any person who is under the age of 15 years B) Any person, as a class A or class B driver, who is under 21 years of age unless he has completed the approved training program C) A person with a Class C license who will be operating a two-axle vehicle with a gross weight that does not exceed 26,000 pounds D) None of the above responds to the question since all of the above may be issued a driver's license.

a

_____ means the entire width between property lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel. A) Highway or Street B) Freeway C) Limited-access or controlled highway D) Private road or driveway

a

"An examination of a man's house or other building or premises, or of his person, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which he was charged; a prying into hidden places for that which is concealed and it is not a search to observe that which is open to view" is Black's Law definition of ___________. A) Inquest B) Search C) Inquiry D) Examination

b

"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. A) Saucier v Katz B) Okonkwo v Fernandez C) Osabutey v. Welch D) Anderson v. Creighton

b

"That which is to last for a limited time only, as distinguished from that which is indefinite, in its duration" is Black's Law definition of A) probable cause. B) temporary. C) pending. D) permanent.

b

(1.1.1) According to TCOLE, which of the following statements is true in regards to physical fitness levels of police officers? A) Fitness among the law enforcement profession is an area that does not need improvement. B) Incumbent officers are usually below average in fitness. C) Incumbent officers are usually above average in fitness. D) Officers are usually hired (recruits) at below average fitness.

b

(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. A) State Jail Felony B) A violation of PC 49.02, "Public Intoxication" C) "Deadly Conduct" D) All Class "A", "B", and "C" Misdemeanors"

b

(17.3.1) Which of the following was not specifically listed as one of the "Use of Force Options" in the BPOC? A) Verbal Communications B) SCANS Strategies C) Weaponless Strategies D) Professional Presence

b

(18.1.4) Based on the BPOC, which of the following was specifically listed as one of the "justification of baton use" items that an officer may use in considering when to use a "baton"? A) Offender's Perception B) Physical stature of the suspect as compared to the officer C) Reasonable Suspicion D) Weaponless Strategies

b

(2.1.4) The minimum passing percentage shall be at least _____ for each firearm qualification unless otherwise stated in TCLEOSE Rules. (Rule 217.21) A) 50 B) 70 C) 75 D) 90

b

(20.1.2) Which of the following was not specifically listed as one of the "five essential principles of patient assessment?" A) Breathing (maintain airway, rescue breathing) B) Immediately establish a complete health history of the subject. C) Conduct primary survey. D) Airway (ensure open airway).

b

(20.1.4) The specific emergency aid procedures recommended for treatments of burns include which of the following? A) Do not cover the burn - allow it to air dry. B) Stop the burning. C) Cool the burn - but nver use large amounts of cool water. D) Cover burn thoroughly with Vaseline.

b

(22.1.4) Which of the following statements is true? A) An operator of an authorized emergency vehicle is relieved by statute from the duty to operate the vehicle with appropriate regard for the safety of all persons. B) An operator of an authorized emergency vehicle is not relieved of the consequences of reckless disregard for the safety of others. C) An operator of an authorized emergency vehicle always has the authority to exceed the posted speed limits of a federal, state, county, and city street or highway. D) None of the above.

b

(22.1.4) Which of the following statements is true? A) An operator of an authorized emergency vehicle is relieved by statute from the duty to operate the vehicle with appropriate regard for the safety of all persons. B) An operator of an authorized emergency vehicle is not relieved of the consequences of reckless disregard for the safety of others. C) An operator of an authorized emergency vehicle always has the authority to exceed the posted speed limits of a federal, state, county, and city street or highway. D) None of the above.

b

(23.2.9) Which of the following is specifically listed by the BPOC as one of the "aspects of a problem-oriented policing agency?" A) Not being committed to taking some risks in responding to problems. B) Being proactive C) Discouraging a broad and uninhibited search for solutions. D) Never focusing on problems of concern to the public.

b

(24.3.3) The BPOC list several advantages for "automobile patrol." Which of the following was not specifically listed as an advantage of automobile patrol? A) Protection for the officer B) Less attention to detail. C) Mobility D) Visibility increases preventive potential

b

(24.5.6) "______________": One or more persons who participate in a random or systematic shooting or stabbing spree, demonstrating their intent to continuously harm others. A) Reactive shooter B) Active shooter C) Homicidal shooter D) Mass Murderer

b

(26.2.2) Under the Family Code the definition of "Family Violence" would include all of the following except: A) a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault or sexual assault. B) defensive measures a person takes to prevent a family assault. C) sexual assault. D) 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, assault.

b

(29.3.2) A person commits the offense of " _______________" if he intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual. A) Manslaughter B) Murder C) Capital Murder D) Criminally Negligent Homicide

b

(3.1.1) According to TCOLE, the earliest definition of "professionalism" comes from A) physicians B) religion C) law D) military

b

(3.2.2) Specifically, the "__________" role is performed by being objective and ethical in personal behavior and in functioning as a representative of the criminal justice system. A) professional B) ethical C) parimilitary D) law enforcement

b

(3.l.2) Which of the following was specifically listed by TCOLE as being an "advantage" of the "professional model for law enforcement?" A) Less effective problem solving. B) Quality of peace officers is improved. C) Unethical Conduct D) Public or client were less served.

b

(4.1.4) The First Amendment contains the following right(s) A) Right to bail, and to bear arms. B) Freedom of religion, Press, and Speech. C) Freedom from self-incrimination, press, and speech, and right to an attorney. D) Freedom of Press, right to bear arms, and freedom from unreasonable searches and seizures.

b

(4.1.5) Which of the following U.S. Supreme Court cases has been interpreted to limit the level of force that may be used by law enforcement to reasonable force? A) Brown v. Texas B) Tennessee v. Garner C) Mapp v. Ohio D) Miranda v. Arizona

b

(6.7.1) A "_______________" is a written order, issued by a magistrate and directed to a peace officer, and may command the officer to search for any property or thing (including a person); seize the property or thing and bring it before the issuing magistrate; or search for and photograph a child. A) Habeas Corpus B) Search Warrant C) Commitment D) Subpoena

b

(6.7.1) In regards to the required procedures for the execution of a search warrant under the CCP, which of the following statements is not true? A) On searching the place ordered to be searched, the officer executing the search warrant shall present a copy of the warrant to the owner of the place, if he is present. B) If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at closest neighbor's home. C) He shall legibly endorse his name on the inventory and present a copy of the inventory to the owner or other person in possession of the property. D) Before the officer takes property from the place, he shall prepare a written inventory of the property to be taken.

b

(6.8.1) A/an "____________" is a writ issued by the court or clerk, and directed to "any peace officer of the State of Texas", commanding him to arrest a person accused of an offense and bring him before that court immediately, or on a day at a term stated in the writ. A) Subpoena Duces Tecum B) Capias C) Subpoena D) Writ of Habeas Corpus

b

(6.9.1) What offense does a person commit if they intentionally or knowingly prohibit a justice of the peace from entering a premises where a death occurred or a body is found? A) Official Misconduct B) Hindering an Inquest C) Disorderly Conduct D) Endangering a crime scene

b

(7.1.13) During the search of an apartment for a suspect pursuant to a valid search warrant, an officer looks in a closet large enough to hide the suspect and observes a short-barrel shotgun which he recognizes as a prohibited weapon. The weapon A) can be legally seized only if the officer obtains another warrant specifically for the shotgun. B) may be seized and the person living in the apartment charged with possession of a prohibited weapon. C) falls under "fruit of the poisonous tree" and the exclusionary rule applies in this case. D) is not admissible as evidence because the search warrant was for a person and not for an illegal shotgun.

b

(8.2.1) A person acts "______________", with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. A) intentionally or with intent B) with criminal negligence, or is criminally negligent C) recklessly, or is reckless D) knowingly or with knowledge

b

(8.5.1) The most serious crime that a person commits is " ______________" if they intentionally kills another person while committing "Arson". A) Manslaughter B) Capital Murder C) Murder D) Criminally Negligent Homicide

b

(8.5.1) Which of the following would not constitute Capital Murder? A) Murder of a fireman acting in performance of an official duty B) Murder during the commission of felony criminal mischief C) Murder during the commission of arson D) Murder for remuneration or promise of remuneration

b

(8.9.2) A person commits "____________" if he knowingly engages in sexual conduct for a fee. A) Indecent exposure B) Prostitution C) Disorderly conduct. D) Public Lewdness.

b

(9.1.16) An operator of an authorized emergency vehicle is _________ relieved by the traffic code from the duty to operate the vehicle with appropriate regard for the safety of all persons and the consequences of reckless disregard for the safety of others. A) always B) not C) some times D) None of the above

b

(9.1.17) Unless expressly provided otherwise, a lighting device or reflector mounted on the rear of a vehicle must be or reflect ________. A) yellow B) red C) red or yellow D) amber or yellow

b

(9.1.7) If a person operates a "commercial vehicle" while having a detectable amount of alcohol in the person's system they may be placed "out-of-service" by a peace officer for _______ hours. A) 10 B) 24 C) 48 D) 72

b

(9.1.8) A steady yellow light is A) a warning that the operator may not enter the intersection. B) a warning to vehicular traffic that the related green movement is being terminated and that a red light will soon be exhibited. C) an indication that the operator must bring the vehicle to a full stop before entering the crosswalk on the near side of the intersection. D) None of the above.

b

(C.C.P 59.04) In reference to motor vehicles; if the citation issued to such address is returned unserved, the attorney representing the state shall cause a copy of the notice of the seizure and intended forfeiture to be posted at the courthouse door, to remain there for no less than _________ days. A) 45 B) 30 C) 15 D) 60

b

30.1.1.1 Art. 2.131 Racial Profiling Prohibited: "A peace officer ____ ____ engage in racial profiling." A) shall not B) may not C) can not D) will not

b

32.1.5 During pre-seizure planning, which of the following is not a consideration A) Are there liens on the property? B) Will the seizure cause a financial burden the owner? C) Is the property subject to prior judgment of forfeiture? D) Is the property a business? E) Was the owner aware of the criminal activity?

b

32.1.7. Who is responsible for the seized property? A) any state police officer B) officer who seizes has custody C) the officer with proper jurisdiction D) any police officer on the scene

b

7.1.13 According to the Carroll Doctrine, the reason a vehicle is an exception to the warrant requirement is because it is: A) Considered a deadly weapon B) Mobile C) Distinguished from a house D) Not considered anyone's "castle"

b

A peace officer testifying that she or he observed the defendant strike the victim with a baseball bat is presenting A) circumstantial evidence. B) direct evidence. C) real evidence. D) all of the above E) none of the above.

b

A police officer summons a citizen to assist him in performing his duty as a peace officer. The citizen refuses to assist the officer. The officer may A) arrest the citizen for refusing to aid a police officer. B) report the citizen to the district or county attorney. C) issue the citizen a summons to appear before a magistrate. D) None of the above is correct.

b

According to the 5th Circuit Court appeals, this case on deadly force are clear - Arrest and Search - PC 9.51 states that 17.1.2. A) this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit. B) "an officer cannot use deadly force without an immediate threat to himself or others." C) "an officer can use deadly force without an immediate threat to himself or others." D) "an officer cannot use force without an perceived threat to himself or others."

b

An investigator arrives at a conclusion by A) asking other persons their opinions. B) reasoning based on the accumulation of facts. C) an inductive reasoning process. D) sending all investigations to a forensic laboratory. E) none of the above.

b

Appeals from county court are heard in the A) court of criminal appeals. B) court of appeals. C) district court. D) county criminal court.

b

Evidence seized unlawfully without a warrant by a peace officer is A) admissible in court with the judge's permission. B) inadmissible in court. C) admissible in court with the jury's permission. D) admissible in court if obtained in good faith.

b

Flat-tire marks are generally A) centripetal skid marks. B) much longer than any car would ever skid. C) found in rear wheel skids. D) found in front wheel skids.

b

If an oral statement of an accused is made as a result of a custodial interrogation, it will be admissible only if certain conditions are met. Which statement is false regarding such statements? A) All material voices on a tape must be identified. B) A defense attorney must be provided with a true, complete, and accurate copy of the statement not later than ten days before a court proceeding. C) An electronic visual record is made of the statement. D) The accused is informed of constitutional rights and must knowingly, intelligently, and voluntarily waive rights set out in the warning.

b

Often the work of juvenile burglars can be identified by A) negligible losses. B) wanton destruction and defacing of property accompanying the burglary. C) the fact that they always enter through a window or door. D) all of the above E) none of the above

b

Once a prisoner has been immobilized and controlled, the contact officer A) searches the suspect. B) handcuffs the suspect. C) calls for backup. D) asks the suspect for identification.

b

Once a search warrant has been executed, to whom is the warrant returned? A) Any magistrate in the county B) Issuing magistrate C) Nearest magistrate in the county D) Justice of the peace

b

Placing yourself, others, or your patrol unit in a position so as to provide the suspect(s) with a definite identifiable target is the definition of . . A) controlling noise B) silhouetting C) controlling light D) hiding

b

Since an asset forfeiture case is a civil case, ____________ is permissible. A) grandstanding B) hearsay C) arguing and lying D) evidence beyond a reasonable doubt

b

TCOLE list 5 Force Options. Which of the following is the correct order as listed in the TCOLE objectives? 17.3.1. A) Deadly Force; Professional presence; Weaponless strategies; Weapon strategies; Verbal communications B) Professional presence; Verbal communications; Weaponless strategies; Weapon strategies; Deadly Force C) Verbal communications; Weaponless strategies; Professional presence; Weapon strategies; Deadly Force D) Weapon strategies; Deadly Force; Professional presence; Verbal communications; Weaponless strategies

b

Temporary detention means A) holding a person for a limited time who is answerable to a criminal offense. B) holding, for a limited time, a person who is not yet answerable to a criminal offense. C) stopping a person in a suspicious place and requesting the person to identify him- or herself. D) placing a person in jail on suspicion of committing an offense for a period not to exceed 24 hours while an investigation is being completed.

b

The affidavit made before the magistrate or district or county attorney is called __ _ if it charges the commission of an offense. A) an "indictment" B) a "complaint" C) a "habeas corpus" D) an "information"

b

The level of proof in a civil hearing is called proof . A) beyond a shadow of a doubt B) by a preponderance of evidence C) by clear and convincing evidence D) beyond a reasonable doubt

b

The standard of proof required for an officer to stop and investigate is called A) proof beyond a reasonable doubt. B) reasonable suspicion. C) probable cause. D) preponderance of evidence. E) clear and convincing evidence.

b

The statute of limitations for misdemeanor offenses is . A) one year B) two years C) three years D) four years E) five years

b

The type of search used as a preliminary step in evaluating the crime scene is the ___________ search. A) quadrant B) point-to-point C) circular D) area E) strip

b

Two operators approach an uncontrolled intersection of equal design and surface. Which operator is required to yield the right-of-way? (TC Sec. 545.151) A) The operator of a motor vehicle yields if the other vehicle is a truck, government vehicle, or vehicle operated by the post office. B) The vehicle on the left yields to vehicle on the right. C) The vehicle on the right yields to the vehicle on the left. D) Either vehicle yields depending on who reached the intersection first.

b

Under the traffic law, a "school bus" must A) carry over ten passengers. B) be painted and designated as a school bus. C) have exempt license plates. D) be owned and operated by an independent school district.

b

What is the time-mile rule in determining distances that a suspect can logically move away from crime scene? A) Two minutes, three miles B) One minute, one mile C) Two minutes, one mile D) One minute, two miles

b

When an officer is conducting a "frisk search," the officer is seeking to find A) contraband. B) weapons. C) drugs. D) something out of the ordinary. E) evidence of the crime for which the person was arrested.

b

When conducting an effective vehicle stop which of the following vehicle interior indicators should you watch not for? A) Cover-up odors—using air fresheners, garlic pods, cedar shavings, mustard, or kitchen and bathroom spray deodorizers. B) Drivers that do not speak English and are wearing non-traditional garments and head wear. C) Spare tire on back floorboards or on rear seat. Also, loose tools on the floor or seat, such as pry bars, dent pullers, and car jacks. D) Observe if the rear seat is out of position or unsecured. E) Look for signs of extended, uninterrupted travel and a lived-in appearance—pillows, blankets, fast food wrappers, and paper cups.

b

Which court case declared that pretextual traffic stops are valid when traffic violations lead to lawful arrest for criminal activity? A) Gideon v. Wainright B) Whren v. United States C) Terry v. Ohio D) Miranda v. Arizona

b

Which court has original jurisdiction of felony offenses in the state of Texas? A) Justice-of-peace court B) District court C) County court-at-law D) Municipal court E) County court

b

Which of the following agencies has the authority to alter the prima facie speed limit in the state of Texas with concurrence from the governor of the state? A) The Department of Public Safety B) The Texas Department of Transportation C) The Texas Turnpike Authority D) The Texas Supreme Court E) None of the above

b

Which of the following courts has original jurisdiction of all misdemeanor cases (other than those involving official misconduct) when the fine to be imposed exceeds $500? A) District Court B) County Court C) Justice of the Peace Court D) Municipal Court

b

Which of the following elements is not required to justify a temporary detention? A) A peace officer has reasonable suspicion that some activity out of the ordinary is taking or has taken place. B) The investigating peace officer has identified the person (s) in the area. C) Some indication to connect the person (s) to be detained with the suspicious activity. D) Some indication that the suspicious activity is related to a specific offense. E) None of the above; each is a required element to justify a temporary detention.

b

Which of the following is NOT necessary for daytime traffic control (9.4.1) A) appropriate clothing B) flashlight C) traffic cones D) whistle

b

Which of the following is an affirmative defense? A) Intoxication B) Duress C) Mistake of Fact D) Entrapment E) None of the above

b

Which of the following is false regarding the execution of an arrest warrant? A) In the case of a felony, all reasonable means are permitted to be used to effect an arrest. B) Only a peace officer may execute an arrest warrant. C) In executing an arrest warrant, the accused must always be informed under what authority the arrest is made. D) The person executing an arrest warrant must take the subject before a magistrate without unnecessary delay.

b

Which of the following is not a peace officer in the state of Texas? A) Fire Marshal in a City B) FBI Agent C) Officer employed at a water control district D) Officer employed at an airport E) Director of DPS

b

Which of the following is the correct charge to file on an intoxicated operator of a motor vehicle involved in a traffic collision in which another person dies as a result of the collision? A) Voluntary manslaughter B) Intoxication manslaughter C) Murder with a motor vehicle D) The officer would file only a DWI charge since the voluntary introduction of intoxicating substances would constitute a defense to prosecution in the case. E) None of the above is appropriate in this case.

b

Which of the following may take bail in a felony case? A) Only the Sheriff or a Deputy Sheriff B) Any Sheriff or other Peace Officer, except Police of a City, or a Jailer C) Any Peace Officer D) The Justice of the Peace E) None of the above

b

Which of the following persons cannot be charged with "illegal recruitment of an athlete"? A prospective athlete's . A) employer who is an alumnus of the university B) uncle C) college or university coach D) high school coach

b

Which one of the following public officials is not a magistrate? A) Recorders of incorporated cities B) District attorneys C) Justices of the peace D) Supreme Court justices

b

(1.1.1) The BPOC list the following six specific factors that make up the "Wellness Pyramid." Which of the following factors make up the foundation on which the Wellness Pyramid is built? A) Tobacco Cessation B) Stress Management C) Regular Exercise and Proper Nutrition D) Self-Responsibility

c

(11.2.1) Which of the following statements is "true" in regards to civil cases? A) A civil case must be filed in Federal Court. B) Penalties assessed in a civil case usually includes jail time. C) Civil judgments usually require the party adjudged of a wrongful act to compensate the wronged party in the form of money or the return or possession of property. D) The level of proof in a civil case is "beyond a reasonable doubt."

c

(11.4.1) "___________" - an order to a person to appear in court on a specific date to answer a case filed against the person; it is a method by which the court acquires jurisdiction over a party. A) Show Cause B) Venue C) Summons D) Petition

c

(11.4.1) "____________" - An order issued by a family court (district or county court) to order the protection of a family member or member of a household against further family violence. It is criminally enforceable under Section 25.074 of the Penal Code). A) Judges Order B) Sequestration Order C) Protective Order D) Garnishment Order

c

(11.4.1) "________________" is a judgment entered by the court upon the failure of a party to plead or appear at the appointed time. A) Complaint B) Attachment C) Default Judgment D) Execution Judgement

c

(11.6.2) Documents that involve seizure of property or person or eviction may: A) be served by only a Texas Ranger B) be served by any peace officer. C) only be served by a Sheriff or Constable and their deputies. D) be served by anyone over 18 years of age.

c

(12.1.4) Which of the following statements is true concerning who may be charged with an offense if a person sells an alcoholic beverage to a minor without properly checking for I.D.? A) The person who sells the alcoholic beverage may not be charged B) The minor who purchased the alcoholic beverage may not be charged. C) Both the person who sells the alcoholic beverage and the minor who purchased the alcoholic beverage may be charged.

c

(12.1.4) Which of the following statements is true concerning who may be charged with an offense if a person sells an alcoholic beverage to a minor without properly checking for I.D.? A) The person who sells the alcoholic beverage may not be charged B) The minor who purchased the alcoholic beverage may not be charged. C) Both the person who sells the alcoholic beverage and the minor who purchased the alcoholic beverage may be charged. D) None of the above.

c

(13.1.3) The offense "Delivery of Marijuana" is a ________________ if the amount of marijuana delivered is 2,000 pounds or less but more than 50 pounds. A) State Jail Felony B) Class "A" Misdemeanor C) 1st Degree Felony D) 2nd Degree Felony

c

(13.1.3) The offense "Delivery of Marijuana" is a ________________ if the amount of marijuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana. A) State Jail Felony B) Class "A" Misdemeanor C) Class "B" Misdemeanor D) Class "C" Misdemeanor

c

(19.3.2) An agency that employs at least ______ peace officers must comply with the annual firearm proficiency requirements. A) 5 B) 10 C) 1 D) 2

c

(19.3.2) The minimum standards for the annual firearms proficiency course of fire for shotguns shall be a minimum of _____rounds of duty ammunition fired at a range of at least _____ yards. A) 25, 25 B) 5, 25 C) 5, 15 D) 10, 15

c

(2.1.4) A person may not become a Texas peace officer if they _______________. (Rule 217.1) A) have not been a Texas citizen for at least one year. B) have not served in the U.S. Military Service. C) have been convicted of a Class "A" Misdemeanor. D) have been convicted of any Class "C" Misdemeanor.

c

(2.1.4) A person may not become a peace officer if they have ever been convicted of: (Rule 217.1) A) Three or more of any misdemeanor crimes. B) Any Class "C" Misdemeanor. C) Any family violence offense. D) None of the above

c

(24.1.3) "_____________" is defined as any condition (such as darkness) or object (like a bush) that hides a person from view but does not necessarily provide protection from an assailant's firepower. A) Cover B) Active Targeting C) Concealment D) Silhouetting

c

(24.3.1) The two types of "problem area patrol" are; A) Apprehension, Selective B) Selective, Preventative C) Preventative, Apprehension D) Selective, Reactive

c

(24.5.1) It is recommended that officers should use the "seven-step violator contact method" when dealing with people they stop. Which of the following was not specifically listed as one of these steps? A) Statement of violation committed B) Explain what the violator must do. C) Identification of prosecutor and which court has jurisdiction. D) Statement of action to be taken.

c

(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. A) Official Oppression B) Disorderly Conduct C) Terroristic Threat D) Harassment

c

(26.2.6) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or for a "stalking offense" the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of which of the following? A) Clerk of the Court B) Defense Attorney C) Peace Officer D) 16 year old brother of the victim

c

(27.2.1) "_____________" is a legal term. It is considered "a diminished capacity and inability to tell right from wrong." The definition varies from state to state. Generally used by the court with regards to an individual's competency to stand trial. A) Retarded B) Mental Illness C) Insanity D) Mental retardation

c

(29.2.1) A person commits the offense of "________________" if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services. A) Felony Criminal Trespass B) Robbery C) Burglary of Coin-operated or Coin Collection Machines D) Burglary

c

(29.2.1) A pickup is parked in front of a residence. A person steals property that is lying in the pickup-bed. What crime has occurred? A) Burglary B) Robbery C) Burglary of a Vehicle D) Theft from a Vehicle

c

(29.3.2) A person commits the offense of "_____________" if the person intentionally or knowingly causes the death of an individual. A) Voluntary Manslaughter B) Involuntary manslaughter C) Murder D) Capital Murder

c

(3.2.3) Which of the following was specifically listed in the BPOC, Chapter 3, as an example of moral courage? A) Facing barricaded, armed suspect. B) Arresting a combative suspect. C) Refusing gratuities. D) None of the above

c

(4.1.5) An area of increasing interest in recent history is under what circumstances police are allowed to use deadly force in order to arrest a fleeing felon. In the U.S. Supreme Court case "_______________", the Court announced that using deadly force to apprehend a suspect constitutes a "seizure" and is therefore protected under the Fourth Amendment. A) Gates v. Illinois B) Mapp v. Ohio C) Tennessee v. Garner D) Carroll v. U.S.

c

(4.1.6) Amendment # ______ protects a citizen from being required to be a witness against themselves in a criminal case. A) One B) Four C) Five D) Six

c

(4.1.9) Amendment # _____ states, "The enumeration in the Constitution, of certain rights, should not be construed to deny or disparage others retained by the people." A) Four B) Six C) Nine D) Ten

c

(4.3.1) The "Criminal Justice System" structure includes the following three major components: A) Fire protection, police, and courts B) Probation, parole, and corrections C) Police, courts, and corrections D) Probation, police, and corrections

c

(4.3.4) A person has been found guilty of "Theft" of property worth $650. What would be the first Texas appellate court that this case could be appealed to? A) District B) Court of Criminal Appeals C) Court of Appeals D) County

c

(4.3.4) A person is charged with a "Class B" misdemeanor crime involving official misconduct." Which Texas court is given original jurisdiction to try this case? A) Justice of the Peace B) County C) District D) None of the above

c

(4.3.4) A sheriff is charged with "Failure to Report Death of Prisoner." What is the first trial court that has jurisdiction to try this case? A) Justice of the Peace B) Court of Appeals C) District D) Municipal

c

(6.6.1) Under which of the following situations is an officer NOT permitted to arrest without a warrant? A) The violation "Impersonating Public Servant" is committed in view of a credible citizen and the suspect is about to escape. (Note, the officer did not witness the violation.) B) A "breach of the peace" offense that is committed within the view of a magistrate who then orders the officer to arrest the defendant. C) A credible person alerts a peace officer that a misdemeanor theft has been committed and that the offender is about to escape. (Note: the person only contacts the police, he does not take the thief into custody.) D) Persons are found in suspicious places and under circumstances that reasonably show that such person have been guilty of some felony or breach of the peace.

c

(6.8.1) The CCP states that an affidavit made before the magistrate or the district or court attorney charging the commission of an offense is called a/an A) Petition B) Statement of Probable Cause C) Complaint D) Indictment

c

(7.1.1) According to the CCP, a person is _______________ when he has been actually placed under restraint or taken into custody by an officer or a person executing a warrant of arrest or by an officer or person arresting without a warrant. A) temporarily detained B) officially detained C) arrested D) none of the above are correct

c

(7.1.14) An officer establishes probable cause and obtains a search warrant from a neutral magistrate. After serving the warrant and seizing the property an error is found in the search warrant that does not materially affect the warrant. Which of the following is true regarding the seized property? A) Because it is "fruit of the poisonous tree," it is not admissible as evidence. B) The Federal Exclusionary Rule applies and it is not admissible in a Federal Court. C) It is still admissible under the "good faith" exception to the Texas Exclusionary Rule. D) It will be admissible only as "rebuttal evidence" in the court case.

c

(7.1.3) A peace officer who is charging a person, including a child, with committing an offense that is a _________________, other than an offense under Section 49.02, Penal Code, may instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time an place the person must appear before a magistrate, the name and address of person charged, and the offense charged. (Note: Under new legislation a child may now be issued a citation for a violation of CCP 49.02 but only if they are released to the child's parent, guardian, custodian, or other responsible adult. See CCP 45.058) A) Class "B" Misdemeanor B) State Jail Felony C) Class "C" Misdemeanor D) Class "A" Misdemeanor

c

(7.1.3) Except as otherwise provided by CCP 14.06, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than _____ hours after the person is arrested, before the appropriate magistrate. A) 8 B) 24 C) 48 D) 96

c

(7.1.7) Black's Law Dictionary (7th. Ed.) defines "__________________" as "a reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime." A) Preponderance of the Evidence B) Reasonable Suspicion C) Probable Cause D) Beyond a Reasonable Doubt

c

(8.1.2 "___________" means an act or omission and its accompanying mental state. A) Benifit B) Coercion C) Conduct D) Act

c

(8.10.4) "Intoxicated" means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances or any other substance into the body; or having an alcohol concentration of _______ or more. A) .05 B) .06 C) .08 D) .10

c

(8.10.4) While operating a motor vehicle and legally intoxicated, a person is involved in a vehicular accident that causes "serious bodily" injury to another. What is the most serious crime that has occurred? A) Aggravated Assault B) Public Intoxication C) Intoxication Assault D) Driving While Intoxicated

c

(8.5.1) A person commits "Capital Murder" if the person intentionally commits the murder in the course of committing or attempting to commit "_______________." A) Assault B) Reckless Damage or Destruction C) Kidnapping D) Prohibited Sexual Conduct

c

(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. A) Murder B) Intoxication Manslaughter C) Capital Murder D) Manslaughter

c

(8.7.2) A 64 year old man is walking down the sidewalk when a 66 year old thief knocks him down and steals his watch that is worth $500.00. The man sustains minor injuries as a result of this incident. Which of the following is the most serious crime that has occurred? A) Aggravated Assault B) Aggravated Robbery C) Robbery D) Theft

c

(8.8.1) What offense is committed when a person threatens to harm another, by an unlawful act, on account of their service as a witness or public servant? A) Jury Fixing B) Witness Intimidation C) Obstruction or Retaliation D) Official Oppression

c

(9.1.17) Stop-lamps shall emit __________color that is visible in normal sunlight at a distance of at least 300 feet from the rear of the vehicle and displayed when the vehicle service brake is on. A) Red or amber or a color between white and amber. B) Amber or white or a color between red and amber. C) Red or amber or a color between red and amber. D) White or amber or a color between white and amber.

c

(9.1.9) An operator being passed by another vehicle shall, on audible signal, ____________; and may not accelerate until completely passed by the passing vehicle. A) slow down at least 20 miles per hour and allow the vehicle to B) move to the far left and remain until the vehicle passes on the right C) move or remain to the right in favor of the passing vehicle D) move to the shoulder and stop

c

(9.1.9) An operator passing another vehicle shall return to an authorized lane of travel before coming within _______ feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing; or otherwise. A) 50 B) 100 C) 200 D) 500

c

(9.2.1) Which of the following statements is not true in regards to information that the operator of a vehicle involved in an accident resulting in the injury of death of a person or damage to a vehicle that is driven or attended by a person shall give to any person injured or the operator or occupant of or person attending a vehicle involved in the collision? A) The name of the operator's motor vehicle liability insurer B) The operator's name and address C) The name of the operator's employer D) The registration number of the vehicle the operator is driving

c

(9.2.2) Which of the following statements is true? A) A person would be guilty of an offense it he willfully failed or refused to comply with a lawful order or direction only if given by certified police officer B) A person would be guilty of an offense it he willfully failed or refused to comply with a lawful order or direction only if given by a school crossing guard who is performing crossing guard duties in a school crosswalk to stop and yield to a pedestrian. C) A person would be guilty of an offense it he willfully failed or refused to comply with a lawful order or direction if given by a police officer or the lawful order or direction of a school crossing guard who is performing crossing guard duties in a school crosswalk to stop and yield to a pedestrian D) None of the above are true statements.

c

24.4.2. When one officer is conducting a field interview with one person, the officer stands A) always to the right of the subject. B) with the gun side adjacent to the subject. C) with the gun side away from the subject. D) always to the left of the subject. E) in none of the above locations—never make a field interview with fewer than two officers.

c

24.5.3. Prowler calls and crimes in progress A) are rare in police patrol situations. B) are routine types of calls. C) are situations that require safety during approach. D) always require officer to wait for backup.

c

24.8.1. 1. ______ is proactive anticipation, recognition, and appraisal of a crime risk and the action needed to remove or reduce that risk. A) Risk Assessment B) Selective Enforcement C) Crime Prevention D) Control of Noncriminal Behavior E) Crime Repression

c

30.1.1.1 How long does a newly hired police chief have to complete racial profile training? A) 1 year B) 3 years C) 2 years D) 6 months E) 4 years

c

31.3.1.3 Which of the following best describes Security Alert: A) Means a notice placed on a consumer file that alerts them that their money is about to run out. B) Means a notice placed on a consumer file that alerts them that their secret identity may be in jeopardy. C) Means a notice placed on a consumer file that alerts them that their identity may have been used without their consent to fraudulently obtain goods or services in their name. D) Means a notice placed on a consumer file that alerts them that their identity may have been used with their consent to illegally obtain goods or services.

c

32.1.3. Which of the following offenses do not fall under the definition of contraband? A) Any offense under Chapter 49 of Penal Code that is punishable as a felony of the third degree or state jail felony if the defendant has been previously convicted three times of an offense under that chapter B) Any felony under Section 15.031(b), 20.05, 21.11, 38.04 C) Any offense under Transportation Code D) Any first or second degree felony under the Penal Code E) Any felony under Chapter 43, 20A, 30, 31, 32, 33, 33A, or 35

c

32.1.4 Notice of forfeiture proceedings are required to be served on A) The title company B) The bank that loaned the money C) The owner of the property D) Whoever is living on the property

c

A Class __ driver's license is required to operate a bus with a seating capacity of 24 passengers or more. (TC Sec. 521.082) A) M B) C C) B D) A

c

A US Supreme Court decision which allows an officer to order the driver out of a vehicle following a lawful traffic stop. A) Pryor v. State B) Maryland v. Wilson C) Pennsylvania v. Mimms D) Graham v. State

c

A burglar is considered to be a dangerous criminal because A) losses can be excessive. B) burglary is a felony. C) burglars have been known to use a weapon to avoid apprehension. D) burglars can engage in other crimes.

c

A citizen, concerned about the speed of vehicles traveling in front of his residence, places a "slow" sign next to the road. A) The sign may be removed without notice. B) The citizen has committed an offense. C) Both a and b are correct. D) No offense has been committed.

c

A drive-by shooting is ______________. A) Criminal Mischief B) Aggravated Assault C) Deadly Conduct D) Unlawfully Carrying a Weapon. E) Reckless Conduct

c

A peace officer shall make a written crash report when the amount of damage is dollars. A) $200.00 B) $500.00 C) $1000.00 D) $2000.00

c

A person intentionally damages property of another without effective consent. The person committed . A) Disorderly Conduct B) Delinquent Behavior C) Criminal Mischief D) Reckless Conduct

c

A person is working on a billboard scaffold 20 feet off the ground. The worker negligently throws a tool to the ground without looking. The tool hits a person walking under the scaffold and kills the individual. What crime, if any, can the worker be charged with? A) No Crime Because it Was an Accident B) Murder C) Criminally Negligent Homicide D) Manslaughter

c

A summons shall be in the same form as the capias except that it _____ summon the defendant to appear before the proper court at a stated time and date. A) should B) can C) shall D) may

c

A two-lane dirt road intersects with a two-lane paved road. Who must yield? A) Person on paved road B) Person on left yields to person on right C) Person on dirt road D) No one must yield

c

According to the CCP "Racial Profiling" means: A) A law enforcement-initiated action based on the officer's race, ethnicity, or national origin rather than on the individual as having engaged in criminal activity B) It is a race on who can file the quickest. C) A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual as having engaged in criminal activity. D) An offense that is an intentional or knowing violation of a law committed by a public servant.

c

Among the deaf, lip reading is A) the most reliable communication method. B) the favorite way to communicate. C) the least reliable method of communication. D) All of the above

c

At a crime scene, how are photographs made? A) Starting with the most serious injury to the least serious injury B) Interior to the exterior C) Exterior to interior D) Start with the largest item and move to the smallest item

c

Constructive custody occurs when A) an officer places handcuffs on the arrested person. B) physical force is necessary to overcome resistance of the person being arrested. C) the person submits to the arrest without any physical control on the officer's part. D) the arrested person is placed in a lock-up facility for persons charged with an offense E) none of the above.

c

Drug courier profiles originated with the ____________________ in the early _________, and were originally used at airports, train stations and bus depots. These profiles were behavioral-based. A) Federal Bureau of Investigation; 1930's B) Austin Police Department; 2000's C) Drug Enforcement Administration; 1970's D) Texas Department of Public Safety; 1980's E) Secret Service; 1950's

c

Every civil disorder or riot is brought about by A) racial problems. B) economic factors. C) previously existing factors. D) the need for money. E) individuals using drugs.

c

If a person fails to appear as directed when summoned to testify by subpoena, he or she is subject to A) a fine of not more than $500 in class A misdemeanor cases. B) a fine of not more than $1,000 in capital murder cases. C) a fine of not more than $500 in felony cases. D) a fine of not more than $200 in all misdemeanor cases.

c

In the 7-step violator contact, which of the steps sets up the style of the interview? A) Statement of violation committed B) Statement of action to be taken C) Greeting and identification of agency D) Identification of driver

c

Low-visibility surveillance is an example of _________________ . . A) selective patrol B) preventive patrol C) apprehension patrol D) arrest patrol E) routine patrol

c

One officer patrol have a greater built-in safety factor. A) does B) can not C) does not D) may E) can

c

PC 38.12 Which of the following crimes is committed if a person institutes a false suit in a civil court knowing that he or she does not have an interest in the suit? A) FAILURE TO IDENTIFY B) FRAUD C) BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT D) UNAUTHORIZED PRACTICE OF LAW E) FALSELY HOLDING ONESELF OUT AS A LAWYER

c

Racial Profiling would cause _____ and _____ towards law enforcement by minorities and the public as a whole. A) praise; recognition B) joy; excitement C) distrust; anger D) fear; panic

c

Reckless Injury of Innocent Third Person - PC 9.05 is 17.1.2. A) justified when the use of force is justified by this chapter. B) 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. C) 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. D) justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

c

The central place of a crime and acts associated with it are referred to as A) the modus operandi B) the habeas corpus. C) the crime scene. D) the corpus delicti.

c

The officer can obtain precise measurements by A) pacing off distances. B) educated estimates. C) straight-line measurements. D) rectangular correlation.

c

When a field interview is conducted by two officers, the cover officer A) engages the suspect in conversation to distract the suspect. B) remains seated in the patrol unit near communications. C) remains silent unless it is necessary to communicate a potential threat to the primary officer. D) approaches the suspect(s) from the rear.

c

Which of the following courts has jurisdiction for Class A and Class B misdemeanor-type offenses? A) Municipal court B) Family court C) County court-at-Law D) District court

c

Which of the following is not one of the culpable mental states that are defined in the Texas Penal Code? A) Intentionally B) Criminal Negligence C) Premeditated D) Knowingly E) Recklessly

c

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

Which of the following persons may not be issued a driver's license? A) A fifteen-year-old boy when a hardship exists in the family that requires him to operate a motor vehicle B) A class C driver's license for a person sixteen years of age who successfully completes licensing requirements C) A Class A driver's license for a person sixteen years of age who has had driver education and a class C driver's license D) A class M driver's license for a person fifteen years of age to operate a motor-driven cycle with not more than 125-cc piston displacement who has completed and passed a motorcycle-operator training course E) None of the above

c

Which official is authorized under the Code of Criminal Procedure to call any military company in a county to aid in overcoming resistance, and if necessary, in seizing and arresting persons engaged in such resistance? A) Justice of Peace B) Any peace officer C) Sheriff D) Director of Department of Public Safety E) Chief of Police

c

____ is an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts; bias. A) Idiosyncrasy B) Discrimination C) Prejudice D) Ethnocentrism

c

(1.6.1) Based on the BPOC, which of the following statements is not correct? A) Men more often use firearms in attempting suicide; women more often use drugs or poisons. B) Marital problems increases risk of suicide 4.8 times. C) The frequency of suicide in the U.S. is "1 every 16 minutes." D) Men attempt suicide more often, women are more likely to complete suicide.

d

(11.2.1) __________ law regulates the conduct of individuals through threats of fines and imprisonment. In criminal cases, the state brings an action against an individual to punish him for breaking one of their laws. (Helps to prevent harm to society and prescribes the punishment to be imposed.) A) Appelate B) Civil C) Procedural D) Criminal

d

(11.4.1) "___________" - A writ similar to an arrest warrant; a judicial writ commanding a peace officer to take a person into custody to answer specific charges. A) Ex Parte B) Citation C) Answer D) Capias

d

(11.4.1) A "___________" is an affidavit or sworn statement made before the court which charges the commission of an offense within the jurisdiction of the court. A) Capias B) Answer C) Injuction D) Complaint

d

(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. A) Manufacture B) Administer C) Deliver D) Dispense

d

(14.1.6) According to the Family Code, which of the following statements is correct? A) 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. B) 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. C) 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. D) 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.

d

(15.3.3) Instructor Guide #15 list "four" common types of police reports. Which of the following reports was specifically listed? A) Arrest, Incident, Offender, and Secondary Reports. B) Affidavits, Subpoenas and Warrants C) Preliminary, Follow-up, Incident, and Secretarial Reports. D) Arrest, Incident, Offense, and Supplemental Reports.

d

(17.1.2) The "threat of force;" A) is justified even though the use of force is unjustified. B) is always justified regardless if the force is justified. C) is not justified even though the use of force is justified. D) is justified when the use of force is justified.

d

(18.2.4) In " _________________" the reviewing Court ruled that handcuffing too tightly and failing to double-lock the handcuffs may lead to an excessive force claim, particularly when t he officers have been place on notice after a suspect's complaint. A) Gideon vs. Wainwright B) Mapp v. Ohio C) Tennessee v. Garner D) Baskin v. Smith

d

(20.1.1) The "Good Samaritan Act" provides that: A) You are always liable for your actions if you provided accepted and recognized emergency care procedures. B) You are always liable for any actions when you render first aid to someone. (CPRC Art. 74.001) C) You are never liable for actions if you render emergency first aid to someone. D) You are not liable for actions if you use ordinary care in following accepted and recognized emergency

d

(22.2.1) Which of the following was not specifically listed as a "Basic Objective" of pre-shift vehicle safety inspection? A) Prevent traffic collisions due to faulty equipment. B) Maintain operational efficiency of the vehicle. C) Provide a sense of confidence in the vehicle. D) To search for evidence that may have been left by a previous prisoner.

d

(22.3.2) Which of the following was not listed by the BPOC as a "factor" contributing to traffic collisions? A) Self-righteousness B) Over confidence C) Impatience D) Occupation

d

(24.1.3) "_____________" is defined as a protected area that provides security from an assailant's firepower. Examples: large trees, fireplugs, mailboxes, etc. A) Active Targeting B) Concealment C) Silhouetting D) Cover

d

(24.8.1) Every law enforcement officer is a crime prevention officer by the technical definition as well as by the _________ responsibilities of the job. A) assigned B) recognized C) specialized D) moral

d

(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? A) Every law enforcement officer is a crime prevention officer by the technical definition as well as the moral responsibilities of the job. B) "Crime prevention" is a proactive, anticipation, recognition, and appraisal of a crime risk and the action needed to remove or reduce that risk. C) In order to prevent the occurrence of crime, the opportunity for someone to commit the crime must be eliminated or reduced. D) An officer's primary responsibility is not crime prevention.

d

(29.1.5) The term "____________" includes all means by which an alleged fact is established or disproved. A) Trial B) Investigation C) Autopsy D) Evidence

d

(3.1.2) Which of the following was specifically listed by TCOLE as being a "characteristic of professionalism?" A) High criminal arrest rate. B) Community policing. C) Traditional policing. D) Service to others.

d

(6.2.3) If a peace officer refuses to execute a legal process directed to him or her by the court, he or she is liable for A) any punishment the judge may direct. B) a Class B misdemeanor under the Penal Code. C) a Class C misdemeanor under the Penal Code. D) a civil fine of not less than $10 or more than $200.

d

(6.6.2) A person is considered "arrested" when the person has been actually placed under restraint or is ___________. A) unlawfully detained B) stopped and identified C) lawfully detained D) taken into custody

d

(6.6.2) What is the time limit that the CCP sets for serving an arrest warrant provided it does not involve collecting DNA evidence? A) 15 days B) 3 days C) 3 days exclusive of the day of its issuance and of the day of its execution D) no time limit

d

(6.9.1) "__________" means an investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission. A) Preliminary Hearing B) Inquiry C) Examination D) Inquest

d

(7.1.14) The "poisonous tree doctrine", which displays the notion that evidence obtained after illegal government action will be excluded from evidence, was affirmed in "____________." A) U.S v. Robinson B) Michigan v. Long C) California v. Greenwood D) Wong Sun v. U.S.

d

(7.1.2) The right to have an attorney present during questioning was affirmed by A) Mapp v. Ohio B) Colorado v. Beltane C) Terry v. Ohio D) Miranda v. Arizona

d

(7.1.3) In lieu of arresting an individual who commits the offense "Public Intoxication", a peace officer may release an individual if: A) The person signs a citation and agrees to go straight home and not to leave until he sobers up. B) Because of civil liability, a peace officer is never allowed to release a person arrested for Public Intoxication. C) The individual is a credible person such as the Mayor of the city. D) The officer believes detention in a penal facility is unnecessary for the protection of the individual or others and is released to the care of an adult who agrees to assume responsibility for the individual.

d

(7.1.3) Under which of the following situations is an officer not permitted to arrest without a warrant? A) A credible person alerts a peace officer that a felony has been committed and that the offender is about to escape. B) Any offense is committed within the officer's view or in his or her presence. C) Persons are found in suspicious places and under circumstances that reasonably show that such persons have been guilty of some felony or breach of the peace. D) A motorist fails to drive in a single lane and is observed by a credible citizen who alerts and officer who did not observe the violation.

d

(8.10.1) According to the Penal Code, which of the following is NOT covered in Section 46.02, "Unlawful Carrying Weapons?" A) Illegal Knife B) Handgun C) Club D) Shotgun

d

(8.3.1) The monetary penalty for this crime is a fine not to exceed $4,000 and or confinement in jail for a term not to exceed one year. A) State Jail Felony. B) Felony of the 2nd degree. C) Felony of the 1st degree. D) Class "A" misdemeanor.

d

(8.5.1) In the course of an armed robbery of a convenience store, the robber intentionally shoots and kills a store employee. What is the most serious crime that has occurred? A) Manslaughter B) Aggravated Robbery C) Criminally Negligent Homicide D) Capital Murder

d

(8.7.4) A person commits "___________" if he unlawfully appropriates property with intent to deprive the owner of the property. A) Unlawful Taking of Property B) Robbery C) Burglary D) Theft

d

(8.8.3) A person commits "________________" if he intentionally hinders an official proceedings by noise or violent or tumultuous behavior or disturbance; or he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist. A) Barratry B) Criminal Trespass C) Interference with Public Duties D) Hindering Proceedings by Disorderly Conduct

d

(8.8.4) A public servant acting under color of his office or employment commits "________________" if he intentionally subjects another to sexual harassment. A) Sexual Assault B) Misconduct by a Public Servant C) Unlawful Behavior By A Peace Officer D) Official Oppression

d

(9.1.1) A "moped" engine by definition A) produces more than two-brake horsepower. B) connects to the power drive system that requires the operator to shift gears. C) if an internal combustion engine, must have a piston displacement of 150 cubic centimeters or less. D) cannot produce more than two-brake horsepower.

d

(9.1.17) A turn signal lamp shall emit a ______________ color if the lamp is mounted on the rear of the vehicle. A) red or amber, or a color between red and blue B) yellow or white, or a color between yellow and white C) amber or white, or a color between amber and white. D) red or amber, or a color between red and amber

d

(9.1.21) A "_______________" is three or more person having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities. A) juvenile mafia B) illegal criminal group C) motorcycle gang D) criminal street gang

d

(9.1.26) According to the Transportation Code, which of the following is a recognized way to establish the financial responsibility required for the operation of a motor vehicle? A) Peace Bond B) Savings Bond C) Personal Bond D) Surety Bond

d

(9.1.3) "Improved shoulder" means: A) a roadway breakdown lane B) a marked lateral edge of roadway C) a semi-roadway abutting a highway D) a paved shoulder

d

(9.1.3) According to the Transportation Code, "crosswalks" exist at __________ even though they may not be marked. A) exit ramps B) alleyways C) driveways D) intersections

d

(9.1.3) The definition of " _________________" is the entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel. A) Roadway B) Right of Way C) Shoulder D) Highway or Street

d

(9.2.4) A ___________ is a graph on which three or more scales are arranged so that a straight line drawn though values on any two will cross the third at a corresponding value. A) stenograph B) monograph C) seismograph D) nomograph

d

19.1.1 In which of the following circumstances would you be justified in firing your duty weapon? A) You fire a warning shot at a nonviolent fleeing felon B) You shoot at a fleeing moving vehicle that is in the process of being stolen C) You put an injured animal out of its misery at a local park where spectators are present and in close proximity D) In each of the preceding situations, the firing of the duty weapon was unnecessary considering the potential danger involved E) You were justified in firing your duty weapon in all of the above situations

d

30.1.1.1 Art 2.132: Each law enforcement agency in this state ______ adopt a detailed written policy on racial profiling. A) will B) may C) can D) shall

d

30.1.1.1 Set of characteristics which we arbitrarily ascribe to human behavior or to a social situation, and by which we judge, evaluate, and categorize people, place, and things. These characteristics are derived from our life experiences, and are applied either consciously or subconsciously. A) Racial Profiling B) Identity C) Race D) Profile

d

31.5.1.2. Which of these is something the public should do to protect themselves? A) Keep detailed records of banking B) Check credit histories C) Destroy carbon copies of credit card receipts D) All of these should be done to protect yourself E) None of the above

d

32.1.0 The Occupation Code and the Code of Criminal Procedure were amended by which of the following to require asset forfeiture training of law enforcement officer. A) House Bill 435 B) Senate Bill 435 C) House Bill 563 D) Senate Bill 563

d

A bituminous smear occurs when A) a locked wheel skids into dirt or other soft material and leaves B) a tire rolls through some soft or wet material. C) the tire begins to smear from the friction of severe braking and leaves a track or smear of melted rubber. D) the tire creates friction or heat when locked by braking, and the road's asphalt reaches its melting point.

d

A person commits an offense if he or she _____ engages in offenses. A) willingly B) knowingly C) consciously D) voluntarily

d

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 A) younger than fifteen years of age unless juvenile court waives jurisdiction. B) younger than eighteen years of age. C) younger than eighteen years of age unless juvenile court waives jurisdiction. D) younger than seventeen unless juvenile court waives jurisdiction.

d

A person steals a six pack of beer from a store. While leaving the store he knocks down a 65-year-old man, causing a serious injury. What offense was committed? A) Theft B) Assault C) Robbery D) Aggravated Robbery E) Aggravated Assault

d

A search warrant is a written order, issued by a magistrate and directed to a peace officer, A) commanding him or her to search for property or thing named in the warrant. B) to seize the property or thing and bring the property or thing before the issuing magistrate. C) to search for and photograph a child. D) to do all of the above.

d

A vehicle facing a flashing red traffic signal at an intersection shall A) slow to less than 5 mph and look both ways before proceeding. B) stop and then proceed. C) stop and may not proceed until the flashing red signal changes. D) stop and then proceed when safe to do so.

d

According to the CCP "Racial Profiling" means: A) An offense that is an intentional or knowing violation of a law committed by a public servant. B) A law enforcement-initiated action based on the officer's race, ethnicity, or national origin rather than on the individual as having engaged in criminal activity C) It is a race on who can file the quickest. D) A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual as having engaged in criminal activity.

d

At the scene of an accident, who has the responsibility to clear the debris and clean the street of broken glass? A) Investigating police officer B) Nobody C) Sheriff D) Wrecker operator

d

Confinement as Justifiable Force - PC 9.03 is 17.1.2. A) 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. B) 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. C) a defense to prosecution that the conduct in question is justified under this chapter. D) 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.

d

Criminal investigation is a lawful search for people, land, things useful in reconstructing the circumstances of an illegal act or omission, and the A) corpus delicti of the event. B) witnesses who observed the crime. C) person(s) who committed the crime. D) mental state accompanying it.

d

Deceptive police practices are A) acceptable for surveillance. B) invalid if used to supply motive. C) invalid if used to provide criminal opportunity. D) all of the above. E) none of the above

d

Definition of the VERB "force": A) The quality of conveying impressions intensely in writing or speech. B) Strength or energy brought to bear, cause of motion or change, active power; moral or mental strength; capacity to persuade or convince. C) Violence, compulsion, or constraint exerted upon person or thing. D) Synonyms - compel, coerce, constrain, oblige.

d

Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must include all the following except: A) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in. B) clearly define acts constituting racial profiling C) strictly prohibit peace officers employed by the agency from engaging in racial profiling D) Instruct officers on how to properly racial profile

d

If a person is alive and conscious, the criminal investigators should first ask about A) the identify of the suspect. B) the identify of any witnesses. C) where the suspect might be. D) identification and next of kin.

d

In a county that does not have a medical examiner's officer or that is not part of a medical examiner's district, who is charged with the responsibility to conduct investigation of the cause of death when the cause is not readily known or ascertainable by a medical doctor? A) The Peace Officer in charge of the death investigation B) The County Attorney C) The District Attorney D) The Justice of the Peace E) Any of the above

d

In preparing for an interview, the officer should generally A) review all relevant evidence and information. B) review all pertinent case reports. C) study the case in its entirety. D) do all of the above.

d

In the preliminary investigation, the purpose for immediately separating witnesses is to A) reduce the possibility of comparing stories. B) help restore order if confusion exists. C) protect the reliability of eyewitness accounts. D) do all of the above. E) do none of the above.

d

Nervous laughter, wringing of hands, or twisting a handkerchief may be symptoms of A) anxiety. B) tension. C) apprehension. D) all of the above.

d

Often the interviewer will find that what a person says is not as important as A) when it is said. B) where it is said. C) to whom it is said. D) the manner in which it is said.

d

Preferential traffic right-of-way at intersections is designated by A) stop signs. B) yield signs. C) flashing yellow signals. D) both a and b E) both b and c

d

Reckless Injury of Innocent Third Person - PC 9.05 is 17.1.2. A) justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit. B) justified when the use of force is justified by this chapter. C) 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. D) 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.

d

Strip search is most effective for ______ searches. A) crime scene B) building C) accident investigation D) outside

d

TCOLE list 5 Force Options. Which of the following is the correct order as listed in the TCOLE objectives? 17.3.1. A) Weapon strategies; Deadly Force; Professional presence; Verbal communications; Weaponless strategies B) Verbal communications; Weaponless strategies; Professional presence; Weapon strategies; Deadly Force C) Deadly Force; Professional presence; Weaponless strategies; Weapon strategies; Verbal communications D) Professional presence; Verbal communications; Weaponless strategies; Weapon strategies; Deadly Force

d

The first contact with the violator should be A) designed to let the violator know she or he made a traffic violation and will be punished by getting a traffic ticket. B) a lecture on the need for better drivers and a condemnation of the operator's driving performance. C) designed to permit the violator to give an explanation of the driving conduct. D) a polite greeting in which the officer makes a personal and agency identification, provides a brief explanation for the purpose of the stop, and requests the operator's driver's license and proof of insurance.

d

The officers owe the operator of a vehicle the courtesy of telling him or her at once the reason she or he has been stopped. This occurs during which of the 7-steps in the violator contact? A) Identification of operator B) Greeting and identification C) Statement of action to be taken D) Statement of violation committed

d

The purpose of the crime-scene search is to A) collect physical evidence. B) locate any evidence that will connect the suspect with the scene. C) locate, collect, and preserve trace evidence. D) do all of the above.

d

The standards for a warrantless arrest are the same as for the issuance of A) a stop-and-frisk warrant. B) a writ of habeas corpus. C) a bench warrant. D) an arrest warrant.

d

Under which of the following situations may a person pass on the right of another vehicle? A) By driving off the main traveled portion of the highway B) Under no circumstances C) When the person ahead is traveling 10 miles under the speed limit D) When vehicle ahead is turning left and it is safe to do so

d

Unless specifically prohibited, vehicular traffic facing a green signal may A) turn right without yielding to pedestrians. B) turn left without signaling. C) turn right without signaling. D) proceed straight.

d

What action should the officer take when a person refuses to assist the officer in making an arrest? A) Give the person a warning and advise that future refusal may result in arrest B) Take no action. C) Report the incident to the supervisor D) Make a report to the county or district attorney E) Arrest the person

d

When are turn or directional signals prohibited from being used? A) When pulling away from a parking space B) When changing lanes C) In making a right- or left-turn movement D) When parked or disabled as a courtesy "do-pass" signal to operators of other vehicles approaching from the rear E) None of the above

d

Which U.S. Constitutional amendment is the primary focus of the Miranda v. Arizona case? A) 4th B) 2nd C) 6th D) 5th E) 1st

d

Which of the following is an examples of racial profiling by police? A) An White man standing on a corner waiting for a bus is stopped and questioned regarding why he is standing there and where he is going. B) Hispanic driver is stopped in a "white" neighborhood because he "doesn't belong there" or "looks out of place." C) A group of black teenagers are pulled over because of the kind of car they are driving. D) All are examples of Racial Profiling

d

Which of the following is not a correct procedure in approaching a traffic violator's vehicle after a pullover has been accomplished? A) Upon exiting from the patrol vehicle, the officer should stand momentarily behind the door of the patrol unit and continue to observe the actions of the occupants of the violator's vehicle. B) The officer should observe the passenger compartment of the vehicle for persons who may be hiding or concealed in the vehicle. C) In approaching the violator's vehicle, the officer uses the police vehicle as protection from other traffic on the highway by moving slightly to the right when approaching the left side of the violator's vehicle. D) In talking with the violator, the officer should stand next to the driver's door in order to observe the front seat and the driver's hands. E) While passing the vehicle trunk, the officer should observe if a trunk lock is in place and if the trunk is closed by placing a hand on top of the trunk and pushing down.

d

Which of the following is not interviewed regarding their relationship to a crime scene? . A) Complainant B) Witness C) Victim D) Suspect

d

Which of the following is the soundest of all theories of police patrol? A) Labeling B) Biological C) Social D) Prevention

d

Which of the following types of fingerprints would most likely be found on a bar of soap? A) Latent B) Visible C) Patent D) Plastic

d

Which person may not be issued a driver's license in the state of Texas? A) A fifteen-year-old person who is currently enrolled as a full-time student seeking a hardship license B) A seventeen-year-old person who files for a class C license in November; the applicant attended class eighty-five days in the fall C) A sixteen-year-old person currently enrolled in high school who is seeking a class C driver's license D) A seventeen-year-old person seeking a class C license to go to work because she dropped out of high school after forty days of class for hardship reasons to seek work to help her family

d

Which statement is true? (17.1.2) PC 9.51 A) A peace officer is justified in using force to make an arrest even if the officer believes the arrest to be unlawful. B) A peace officer is justified in using force to make an arrest under warrant even if the officer believes the warrant to be invalid. C) A peace officer is justified in using deadly force to conduct a search. D) All of the listed statements are false.

d

_______is best for an effective observation-clear view between buildings on both sides of the street and oncoming traffic. A) Neither the curb nor the center lane B) The lane nearest curb C) Either the curb or the center lane D) The lane nearest center

d

24.1.1. Which of the following objectives of patrol is a duty? A) To apprehend suspects. B) To preserve the peace by mere presence and by proper action C) To suppress crime by timely response to crimes in progress and properly investigating offenses D) To regulate non-criminal conduct by obtaining and maintaining good officer - citizen relationships to protect life and property. E) To prevent crime by opportunity reduction

e

24.1.2. Which of the following occurs at shift orientation? A) Duty assignment B) Information on current stolen property and vehicles C) Hazardous situations D) Special events notice E) All of the above

e

24.8.1. 1. ______ is proactive anticipation, recognition, and appraisal of a crime risk and the action needed to remove or reduce that risk. A) Crime Repression B) Selective Enforcement C) Risk Assessment D) Control of Noncriminal Behavior E) Crime Prevention

e

A search warrant may be issued to search for all of the following except A) implements or instruments used in the commission of a crime. B) contraband subject to forfeiture. C) persons. D) property specially designed, made, or adapted for or commonly used in the commission of an offense. E) personal writing by the accused constituting evidence of an offense.

e

After making a lawful arrest for a felony or class A or B misdemeanor offense, the arresting officer is required to take the offender before the closest magistrate A) following booking. B) immediately regardless of the hour. C) within 24 hours following arrest. D) within 4 hours following arrest. E) without unnecessary delay.

e

Identity Crime is defined as: A) All of the above are definitions of Identity Crime B) None of the above are definitions for Identity Crime. C) a notice placed on a consumer file that alerts a recipient of a consumer report involving that consumer file that the consumer's identity may have been used without the consumer's consent to fraudulently obtain goods or services in the consumer's name. D) a notice placed on a consumer file that prohibits a consumer reporting agency from releasing a consumer report relating to the extension of credit involving that consumer file without the express authorization of the consumer. E) the theft or misuse of personal or financial identifiers in order to gain something of value and/or facilitate other criminal activity.

e

Sexual assault is committed without consent of the other person if A) the other person has not consented and the actor knows that the other person is unconscious. B) the other person has not consented and the other person is unaware that the sexual assault is occurring. C) the actor is a public servant who coerces the other person to submit or participate. D) the other person is forced to marry the actor but she has not been forced to have sexual intercourse. E) a, b, and c, but not d.

e

The first duty of the criminal investigator is to A) write a comprehensive report. B) safeguard and protect evidence. C) arrest the perpetrator. D) contact all witnesses. E) establish whether or not a crime was committed.

e

The most extreme action a law enforcement officer can take in any situation is the use of A) a bullhorn. B) loud, gruff language. C) the baton. D) handcuffs. E) firearms.

e

Under the statutes, at least how many persons constitute a "riot"? A) 5 B) 9 C) 4 D) 6 E) 7

e

What offense has been committed when a nurse at a nursing home purposefully fails to give an 80-year old man his prescribed medicine? A) Negligent Conduct B) Aiding Suicide C) Assault D) Deadly Conduct E) Injury to an Elderly Person

e

When evidential items of clothing are wet with blood or semen or are otherwise damp from perspiration, the officer should A) send the items out to be dry cleaned. B) place the items in a paper bag. C) place the items in a plastic bag. D) handle the items as any other piece of evidence. E) let the items dry in a secured room before packaging them.

e

Whenever a person is involved in an accident resulting in injury to or death of any person, the operator is required, by law, to A) stop his or her vehicle immediately at the scene of the collision or as close thereto as possible without obstructing traffic. B) return to the scene of the collision and remain there until he or she has rendered aid to the injured. C) give information by presenting her or his driver's license upon request. D) Only a and b above respond to the question. E) Choices a, b, and c are correct answers.

e

Which agency started highway drug interdiction? A) FBI B) ICE C) CIA D) DPS E) DEA

e

Which of the following does not fall into a category of items an officer has a responsibility to report while engaged in routine preventive patrol? A) Dead animals on the street or highways B) Defects in the roadway that may cause an accident C) Stalled vehicles blocking a roadway that cannot be pushed out of the way D) A faulty or inoperative official traffic control device E) None of the above responds to the question since the officer must report each item.

e

Which of the following is not a method used to tell the time of death in a homicide situation? A) Rigor mortis B) Body temperature C) Putrefaction D) Post mortem lividity E) All of the above are correct. Each can play a part in determining time of death.

e

Who can prevent the consequences of theft? A) Employees of department stores B) Any civilian customer in the department store C) The owner of the department store D) A peace officer E) Any of the above

e

Who of the following are peace officers in the state of Texas? A) Officers of the Alcoholic Beverage Commission (ABC) B) Officers commissioned by a public junior college C) Investigators employed by the Texas Racing Commission D) Officers commissioned by the Texas Board of Pharmacy E) All of the above

e

Written directives of an agency may be used: A) against the officer B) to support the agency C) to support the officer D) against the agency E) all of the listed answers are correct

e

Written directives of an agency may be used: A) against the officer B) to support the agency C) to support the officer D) against the agency E) all of the listed answers are correct

e


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