Semester 2 Flashcards
A common stressor to Police Officers is -
All of the above are correct
Cardiovascular fitness, flexibility, muscular endurance, muscular strength, and body composition are examples of what?
Functional Health Related Fitness
Physical Fitness can be divided into two categories
Functional/Health Related and Motor Related
In officer-related shootings the ______________ phase may be brief or nonexistent because of the necessity to immediately deal with the aftermath of the event.
Denial
In dealing with traumatic incidents, the severity of the depression phase depends on all the following except:
The day of the week that it occurred.
Physical fitness has a significant impact on?
Physical Health, Emotional Health, Job Performance
The peak of the Wellness Pyramid is what?
self-responsibility
The condition of the body, which enables an individual to use his/her body in activities requiring strength, muscular endurance, cardiovascular endurance, flexibility, agility, power, and speed, without undue experience of fatigue and exhaustion is a defined as of what?
Physical Fitness
In defining Wellness, there are two degrees on a wellness continuum. What are they?
Death to Optimal Well-Being
_______________ training increases your ability to make short, intense bursts of maximum effort using energy stored in muscle in the absence of oxygen.
Anaerobic
As an occupational group, law enforcement professionals have a poor health profile. What are the three stress-related disorders attributed to this high-risk group?
Alcoholism, divorce, suicide
In dealing with traumatic incidents, the severity of the depression phase depends on all the following except for _________
The day of the week that it occurred
_______________ is the main energy source for the brain
carbohydrates
A person’s health/disease status and risk potential is known as what?
Wellness
Acute stress is ___________________.
Short term stress with a quick resolution
A physical symptom associated with stress is which of the following?
Headaches
The solution to alcohol and drug abuse in Law Enforcement begins with _____________.
The individual officer
Of the studies that have been done on Law Enforcement Officers, most suggest that alcohol and drug abuse is ___________________ compared to the general population.
As frequent or more frequent
All the following statements about Law Enforcement and suicide are true except:
Suicide rates decrease at retirement
As an occupational group, law enforcement professionals have a health profile that would place them in the norm compared to the rest of society.
FALSE
Whether a person is strong or weak has no effect on his or her susceptibility to stress.
TRUE
Common experiences of officers who use deadly force often view the event in ______________.
slow motion
The base or foundation of the Wellness Pyramid is considered what?
Regular Exercise and Proper Nutrition
In dealing with traumatic incidents, there are five transitions phases. Of these five phases, which often lasts the longest?
Depression
Stress in itself is not bad; it is our perception of the stressors and how we cope with them which makes stress harmful.
TRUE
In the evolution of Texas policing, Stephen F. Austin employed this militia group to protect the settlers from Indians and bandit raids.
The Texas Rangers
Commission in 1931 that stated in its report that the greatest promise for the future of policing is the college or University.
Wickersham
Which of the following was a development of police service in the era from 1980 through today?
The development of community or problem-oriented policing opened new potential for progressive policing in agencies using both the traditional model and the problem-oriented model
In the Watch and Ward system, Watch meant?
Nighttime
The police agency seeks opportunities to enhance public service. Which of the following best seeks to accomplish this goal?
Community involvement
What is a philosophical difference between community-based policing and traditional approaches?
Traditional models are incident driven: Community-based policing is problem-solver driven
Under _____________________ model of law enforcemnt is considered a being Reactive in their response, incident driven, use of criminal justice system, use of aggregate statistics, and lack of community and employee involvement in decision making process, and using officer activity being based on calls for service?
Traditional police service model
What battle ended Mexico’s 100 year reign over Texas and allowed Texas to become a free and independent republic?
Battle of San Jacinto
Constables and Sheriffs are examples of…
Elected County Law Enforcement
Which of the following is not one of the elements in the traditional police service model?
Proactive response
_____, is a new philosophy of policing, based on the concept that police officers and private citizens working together in creative ways can help solve contemporary community problems related to crime, fear of crime, social and physical disorder, and neighborhood decay.
Community oriented policing
On average, my staff really does not want to work. If they had the choice, they would not want to commit themselves to work for the employer on the employer’s time. This is an example of what management idea or concept?
Theory X
In community policing, there are _____principles to follow or use as a guide.
10
In community oriented policing if peace officer’s are to provide a satisfactory level of service, they must direct their efforts toward
Existing community problems
In the Watch and Ward system, Ward meant?
Daytime
Official Oppression is what level of penalty in the penal code?
Class A Misdemeanor
A public servant acting under color of his office or employment commits what offense if he intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful.
Official Oppression
The state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution, bravery, valor.
Courage
In the Law Enforcement Code of Ethics, it states that I will enforce the law ________ and _________ without fear of favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.
Courteously, Appropriately
Facing a barricaded armed suspect is an example of________.
Physical courage
Failure to report the death of a prisoner in custody is a _______________.
Class B misdemeanor
One who is engaged in one of the learned or skilled professions, or in a calling considered socially superior to a trade or handicraft.
Professional
If you obey the law, you will set a good example for other and spare your fellow officers the discomfort of having to intervene in your private affairs is an example of what?
Ethical Behavior
Under ethical behavior, ethics involves the definition and achievement of what is good or bad, right or wrong, in relationship to _____________ and _____________.
Moral duty, obligation
The ethical role is performed by being __________ and ethical in personal behavior and in functioning as a representative of the criminal justice system.
Objective
In ethical decision making police officers should remain objective in dealing with all persons. In stating this, the following never should have any effect on how people are handled or treated: age, sex, attitude, race, social class, prior criminal history, what type of offense.
TRUE
The Fourth Amendment to the Constitution:
Protects citizens from unreasonable searches and seizures
Divorces are handled through _____ court.
District
In Tennessee V. Garner, pertains to what Amendment?
4th Amendment
Which US Constitutional Amendment does it stat that the power not delegated to the United States by the Constitution belong to the States? Powers reserved to the states? It also limits the power of the US Government?
10th Amendment
A Municipal Court is a function of the ___________ component of the Criminal Justice System.
Courts
The purpose of _________ is preventing harm to society.
Criminal Law
Which of the Amendments to the U.S. Constitution involves your rights in civil proceedings?
7th Amendment
Amendment 8 of the U.S. Constitution establishes:
Right against excessive bonds
Article 1 Sec. 19 Deprivation of Life, Liberty, or property without due process of law, from the Texas Constitution mirrors what amendment to the U.S. Constitution?
5th Amendment and 14th Amendment
Miranda V. Arizona pertains to what Amendment?
5th Amendment
In Duran V. City of Douglas, what amendment was responsible for the overturn of this arrest?
1st Amendment
Citizens of each state are also citizens of the United States is stated in which Amendment?
14th Amendment
Which Amendment to the U.S. Constitution allows citizens to keep and bear arms?
2nd Amendment
The right to petition the government for redress of grievance is protected under what Amendment?
1st Amendment
An order from the court directing the person responsible for holding an individual in jail or prison to bring that person before the court and show why he is being held in custody is called a:
Writ of Habeas Corpus
Under which Amendment to the U.S. Constitution does it state that all citizens of each state are citizens of the United States?
14th Amendment
The Fifth Amendment to the Constitution provides which of the following protections:
Freedom from double jeopardy
Which of the following is provided for in the 9th Amendment to the Constitution?
The enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people (individual rights)
The right to a formal trial free from delay is found under what amendment?
6th Amendment
__________________ is the court that has concurrent jurisdiction with the justice of the peace courts for criminal cases arising under state law that are punishable by fine only.
Municipal
The right to an unbiased jury and the right to cross- examine witnesses is given under what Amendment?
6th Amendment
Which of the following rights is not defined by the 8th Amendment to the Constitution?
Right to a speedy trial
No soldier shall in time of peace, be quartered in any house, without the consent of the owner is covered under what Amendment of the U.S. Constitution?
3rd Amendment
District courts have original jurisdiction in criminal cases of the felony grade.
TRUE
The protection from punishment for actions later made illegal is an __________________ law?
ex post facto
What is the role of the City Law Enforcement?
Enforce state and city laws, as well as assist citizens
If a person is arrested and charged with a Class B driving while intoxicated, which of the following courts would preside over the case?
County
The power or authority to search with or without a warrant or consent is forever changing and is based on what?
Case law
When cases are appealed at the municipal and magistrate court level, they move to the county court level.
TRUE
The structure of the criminal justice system is made up of what?
The Police, Courts and Correctional System
____________ is not only a moral requirement in our treatment of each individual with whom we deal, it is critical to the continued existence of our democratic form of government.
Impartiality
A way of thinking and acting based on tradition is the definition of…
culture
_____________ symbolizes one’s affiliation with a more dominant group.
Authoritarian personality
Democracy cannot work for some unless it works…
For all
The right to be ___________ implies the right to be ____________.
Free…different
The role of the police officer includes enforcing laws ___________ and supporting the concept that all persons, including criminal justice personnel, are equally subject to the law and will be treated equally by it.
In an impartial manner
A goal of society and the criminal justice system is the reduction of crime?
TRUE
Proprietary Claims is a belief that as a member of the group, the individual is entitled to exclusive or prior rights in a certain way.
TRUE
Which of the following is a function of prejudice?
All of the answers are correct
Impartial enforcement is intellectually and emotionally consistent with the basic foundations of _________ government and its legal expressions and guarantees.
Democratic
One of concepts about human relations, developed by social scientists, is every individual is entitled to equal rights and dignities by virtue of being…
Human.
____________ refers to shared culture and background.
Ethnicity
An adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts is the definition of…
Prejudice
The Latino/Hispanic Americans are comprised of how many Cultural groups and how many typologies are there?
25 and 7
____________ is the act of regarding one’s culture as the center of the universe and hence as the basis for all comparisons with other cultures.
Ethnocentrism
____________ means to act on the basis of prejudice.
Discrimination
_____________ provides an outlet for projecting one’s tension and frustrations onto other people.
Projection
____________ generally refers to groups of people with common ancestry and physical characteristics.
Race
The affidavit made before the Magistrate, District Attorney, or County Attorney, which alleges an offense, is called:
A complaint
Unless specifically stated for the offense, generally speaking, you have _______ years from the date of commission to present a felony indictment.
3
A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice in each of the following cases EXCEPT :
The person dies in a hospital or other institution and the attending physician is able to certify the cause of death
Which of the following is NOT an objective of the Code of Criminal Procedure?
To ensure the uniform enforcement of the laws of the State of Texas
Which of the following statements about search warrants is NOT true?
Search warrants must be executed within one week of issuance
Which of the following is not a magistrate in Texas?
State Attorney General
A __________ may specify that, if a witness has in their possession, any instrument of writing or other thing desired as evidence, such evidence must be brought by the witness and produced in court.
Subpoena Duces Tecum
A ____________ is a writ issued by the court or clerk, commanding any peace officer to arrest a person accused of an offense and bring him before that court immediately, or on a day and time stated in the writ.
Capias
You have probable cause to believe that weapons prohibited by the Penal Code are kept in a file cabinet in the editor’s office of the local newspaper. You may:
Obtain a search warrant and seize the weapons
If a person hinders the entrance of a justice of the peace to a premises where a death has occurred or a body is found, that person has committed what level of offense?
Class B Misdemeanor
You have probable cause to believe that a well-known bank robber has written plans to rob a bank in his diary. You may:
No search warrant can be issued
The statute of limitations for the offense of the offense of Securing execution of document by deception is
7 years
You obtain a search warrant to search for and obtain photographs of an injured child. The child is not the same sex as you.
The search warrant must be executed by an officer of the same sex as the child or the officer executing must be assisted by someone who is the same sex as the child.
The _______________ is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
Warrant of arrest
Which of the following is a true statement about arrest warrants:
All of the answers are true statements
The _____________________ in each incorporated city or town shall have jurisdiction in cases involving Class “C” Misdemeanors.
Municipal Court
If a peace officer summons a person to aid him, and that person refuses, the person is guilty of:
No offense
It is a ___________________________________if the actor is a person whose duty to register as a sex offender expires under Article 62.12(a) and who is required to verify registration once each year under Article 62.06
Felony of the Third Degree
Which of the following would not be a reason for the issuance of subpoena?
At an administrative hearing
A ______________________ may have the same duties as the sheriff.
Deputy
A __________ is the written statement of a grand jury accusing a person therein named of some act or omission, which, by law, is declared to be an offense.
Indictment
Which of the following statements is true concerning arrest without a warrant as outlined in the Code of Criminal Procedure?
When it is shown by satisfactory proof that a person has committed a felony offense and that the offender is about to escape, so that there is no time to obtain a warrant, a peace officer may pursue and arrest the individual without a warrant
A Capias may be executed by any:
Peace Officer
To arrest a defendant with an arrest warrant the officer must have the warrant in his possession. T or F?
FALSE
A person may be fined up to $100 if they refuse to obey a subpoena in a ______ case.
Misdemeanor
Which of the following is NOT a duty of a peace officer investigating a family violence allegation as established by Art. 5.04 of the Code of Criminal Procedure?
Decide who gets what property
________ 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.
Inquest
Which of the following is not correct about a search warrant?
All are correct statements about a search warrant
A peace officer may arrest, without warrant, for which of the following?
All of the listed situations are where a peace officer may arrest without a warrant
A person may be fined up to $500 if they refuse to obey a subpoena in a __________ case.
Felony
A __________ is the written statement filed and presented in behalf of the State by the district or county attorney charging the defendant with an offense, which may by law be so prosecuted.
Information
Which of the following would not be a peace officer as defined by Article 2, Code of Criminal Procedure?
Inspectors of the U.S. Postal Service
Which of the following is not a Peace Officer in Texas?
Special Agents of the Bureau of Alcohol, Tobacco, and Firearms
Which of the following is a true statement concerning the official duties of a peace officer with regards to the prevention of family violence?
A peace officer that responds to or investigates a family violence incident shall make a written report
When a warrant of arrest is issued by any mayor or recorder of an incorporated town or city, it usually can be executed:
In the county in which it was issued
It is the duty of every Peace Officer, as established by Art. 2.13 of the Code of Criminal Procedure, to: [3.2.1-C]
Preserve the Peace within his jurisdiction
The _____________________ is custodian of prisoners.
Sheriff
Which of the following would not be a Special Investigator as defined in the Code of Criminal Procedure?
Railroad Peace Officers
The limitation for presentation of an indictment or information for any misdemeanor is:
2 years
Each sheriff shall be:
Conservator of the peace
Which of the following does not have jurisdiction in criminal actions.
The Texas Supreme Court
For which of the following is there no time limit for presentation of an indictment?
Both murder and manslaughter have no time limit
A search warrant runs for:
3 days excluding the day it was issued and the day it is executed
According to Article 17.291 Further Detention of Certain Persons, how many hours after the bond has been set, may the head of the agency who arrested an individual for an offense of family violence, hold the individual?
4 hours
A search warrant for __________ may not be signed by a justice of the peace.
Property constituting evidence
Probable cause for a search warrant affidavit must be based on_____________.
Facts
If a magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not later than_____ hours after the person who was arrested requested appointment of counsel, cause to be transmitted to the court to appoint counsel in the county, the forms requesting the appointment of counsel.
24
The Fruit of the Poisonous Tree doctrine pertains to physical/tangible materials, and it also applies to intangibles, such as confessions.
TRUE
If an arrest is determined to be unlawful, then any evidence found from the arrest will be suppressed.
TRUE
There are _____ prerequisites for the Plain View exception.
2
Inventory, as defined by Black’s Law Dictionary, is __________.
A detailed list of articles of assets containing a designation or description of each specific article.
Evidence obtained as a result of an illegal government action will be excluded from evidence?
TRUE
An examining trial is a hearing before a judge to determine whether probable cause exists to send a search warrant affidavit on to the grand jury.
FALSE
______________________ means the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
Restraint
Which of the following is not a classification of interactions between peace officers and civilians?
A contact that is based on reasonable doubt.
When an officer is conducting a frisk, the officer is checking for ______________.
Weapons
Which of the following is an example of an element that can be used to establish probable cause.
All of the answers are elements/correct.
Which of the following is not an element required for a temporary detention?
Some indication to connect the person, to be detained, with unsuspicious activity.
Once you have found the item of evidence that you were looking for during the execution of a search warrant, which is the item listed in the search warrant, you do not have to stop searching.
FALSE
If a person who was issued a citation fails to appear as required by that citation, the magistrate before which the person is required to appear, shall issue a warrant for the arrest of the accused.
TRUE
Which of the following is justification for a frisk?
The protection of the officer or other persons.
In reference to things that are needed for an arrest to occur, when it comes to Understanding, who must understand the arrest has taken place?
The Arrested Person
The automobile exception to the search warrant requirement has two primary elements. The elements are _____________.
A readily mobile motor vehicle and probable cause to believe the vehicle contains contraband or criminal evidence.
A person commits the offense of Failure to Identify if that person intentionally refuses to give a name, date of birth, and address to an officer who has lawfully detained the person.
FALSE
Consent to a search is considered a waiver of constitutional protection/rights, and the consent must be voluntary and knowing.
TRUE
Which of the following statements about consent searches is true?
Written consent is better than verbal consent.
___________________applies to warrantless searches or seizures made when a life-threatening situation exists.
Exigent Circumstances
Temporary Detention means ____________________.
The holding of a person, for a limited time, who is not yet answerable to a criminal offense.
____________________ exists if the facts and circumstances known to the officer would warrant a prudent man in believing that the offense has been committed.
Probable cause
In reference to custodial statements, if you have a person in custody, you do not have to inform him that he has the right to remain silent, and that anything he says will be used against him in court, prior to asking him questions during an interrogation.
FALSE
____________________ means the surrender, desertion, relinquishment, disclaimer, or cession of property or of rights.
Abandonment
When a person who is hard of hearing and is accused of an offense, is taken before a magistrate, an interpreter appointed by the magistrate must be ______________________.
Qualified and sworn
The degree of proof needed to conduct a stop and frisk /pat down (Terry Stop) is _______________.
Reasonable suspicion
A search is, by definition, an invasion of privacy.
TRUE
The Carroll Doctrine (Carroll v U.S., 1925) established that a vehicle can be searched without a warrant if _________________ exists to believe that the vehicle contains contraband.
Probable Cause
_________________________ is anything that leads you to believe that something is not right (i.e. it is not criminal yet).
Suspicious Circumstances
Which of the following is NOT true/correct?
If the facts for issuance of a search warrant do not establish the existence of probable cause that a person has committed some offense under the laws of the state the search warrant may order the arrest of such person.
Which of the following information can be used to build probable cause?
Furtive Acts
Which of the following is not a requirement needed for a warrantless felony arrest?
The person who gives the officer information does not have to be credible.
The plain view exception, to the requirement that police officers have a search warrant, requires all of the following except:
The discovery of the item must be proven by preponderance of the evidence.
When a vehicle has been impounded by law enforcement, law enforcement _________.
May inventory according to standard criteria established by their agency.
The emergency exception to a search warrant is most likely to be upheld by the courts when an officer inadvertently discovers evidence while dealing with which of the following circumstances?
Noises that sound like a fight or screams
Under CCP 38.22 (When statements may be used), the attorney representing the defendant must receive a true, complete, and accurate copy of all recordings of the defendant not later than the ____ day before the proceeding, in order for the statement to be used.
20th
Prior to Chimel v. California officers were allowed to search incident to arrest ________.
The arrestee and his entire residence without additional justification.
At the moment of arrest, ________________________ cease(s) to build.
Probable cause
__________________ is one of the elements used by courts to determine if an arrest has occurred.
Actual Seizure
___________________ is the act of imagining, or the apprehension of something without proof, or on slight evidence.
Suspicion
A statement may be used as evidence in a case in Texas, if it is obtained in another state, and it was obtained in compliance with the laws of that state or that of the State of Texas.
TRUE
A witness (in a case which happened in Arizona), who is a resident of Louisiana, receives a subpoena to testify as a witness in the criminal trial in Arizona. While this person is traveling through Texas for the purposes of traveling to Arizona to testify, the witness may be served papers in reference to a law suit that was filed in Texas prior to his traveling through Texas.
FALSE
Consent to enter a house by a homeowner gives police the consent to search ____.
The police are not authorized consent to search under this circumstance, however once invited in, if you observe something that you recognize to be illegal or evidence you may seize that item.
The US Constitutional Amendment that is concerned with the right to be free from unreasonable searches is the ____________________.
Fourth Amendment
If a person consents to a search, that person_____________________.
May withdraw the consent at anytime.
Which of the following is a necessary element of a lawful arrest?
The authority of arresting person.
Vehicle inventories are conducted_________________________.
To protect the department and the officer.
Which of the following cases addressed the Totality of the Circumstances on the use informants?
Illinois v. Gates
When writing an affidavit for the issuance of a search warrant an officer should, when describing of property to be seized,______________________.
Describe only items to be searched for that the officer has probable cause to search for.
If an object is felt during a frisk, it may be seized if the officer has __________________ to believe, from the feel of the object, that it is contraband or other evidence of a crime. Additionally, the officer must _____________ recognize, by the look of the object, that the object is contraband or other evidence of a crime.
probable cause; immediately
A person, who reasonably believes that another has stolen property, is privileged to_______________________.
Detain that person in a reasonable manner, and for a reasonable time, to investigate ownership of the property.
Which of the following is NOT correct about a Frisk (Terry Frisk)/pat down?
It can be used as a policy for law enforcement.
In all cases where a question is raised as to the voluntariness of a statement of an accused, the court must make an independent finding in the absence of the jury as to whether the statement was made under voluntary conditions.
TRUE
__________________________ doctrine is the notion that evidence obtained after illegal government action will be excluded from evidence.
Fruits of the Poisonous Tree
