Semester 2 Flashcards
(500 cards)
1
Q
A common stressor to Police Officers is -
A
All of the above are correct
2
Q
Cardiovascular fitness, flexibility, muscular endurance, muscular strength, and body composition are examples of what?
A
Functional Health Related Fitness
3
Q
Physical Fitness can be divided into two categories
A
Functional/Health Related and Motor Related
4
Q
In officer-related shootings the ______________ phase may be brief or nonexistent because of the necessity to immediately deal with the aftermath of the event.
A
Denial
5
Q
In dealing with traumatic incidents, the severity of the depression phase depends on all the following except:
A
The day of the week that it occurred.
6
Q
Physical fitness has a significant impact on?
A
Physical Health, Emotional Health, Job Performance
7
Q
The peak of the Wellness Pyramid is what?
A
self-responsibility
8
Q
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?
A
Physical Fitness
9
Q
In defining Wellness, there are two degrees on a wellness continuum. What are they?
A
Death to Optimal Well-Being
10
Q
_______________ training increases your ability to make short, intense bursts of maximum effort using energy stored in muscle in the absence of oxygen.
A
Anaerobic
11
Q
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?
A
Alcoholism, divorce, suicide
12
Q
In dealing with traumatic incidents, the severity of the depression phase depends on all the following except for _________
A
The day of the week that it occurred
13
Q
_______________ is the main energy source for the brain
A
carbohydrates
14
Q
A person’s health/disease status and risk potential is known as what?
A
Wellness
15
Q
Acute stress is ___________________.
A
Short term stress with a quick resolution
16
Q
A physical symptom associated with stress is which of the following?
A
Headaches
17
Q
The solution to alcohol and drug abuse in Law Enforcement begins with _____________.
A
The individual officer
18
Q
Of the studies that have been done on Law Enforcement Officers, most suggest that alcohol and drug abuse is ___________________ compared to the general population.
A
As frequent or more frequent
19
Q
All the following statements about Law Enforcement and suicide are true except:
A
Suicide rates decrease at retirement
20
Q
As an occupational group, law enforcement professionals have a health profile that would place them in the norm compared to the rest of society.
A
FALSE
21
Q
Whether a person is strong or weak has no effect on his or her susceptibility to stress.
A
TRUE
22
Q
Common experiences of officers who use deadly force often view the event in ______________.
A
slow motion
23
Q
The base or foundation of the Wellness Pyramid is considered what?
A
Regular Exercise and Proper Nutrition
24
Q
In dealing with traumatic incidents, there are five transitions phases. Of these five phases, which often lasts the longest?
A
Depression
25
Stress in itself is not bad; it is our perception of the stressors and how we cope with them which makes stress harmful.
TRUE
26
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
27
Commission in 1931 that stated in its report that the greatest promise for the future of policing is the college or University.
Wickersham
28
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
29
In the Watch and Ward system, Watch meant?
Nighttime
30
The police agency seeks opportunities to enhance public service. Which of the following best seeks to accomplish this goal?
Community involvement
31
What is a philosophical difference between community-based policing and traditional approaches?
Traditional models are incident driven: Community-based policing is problem-solver driven
32
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
33
What battle ended Mexico's 100 year reign over Texas and allowed Texas to become a free and independent republic?
Battle of San Jacinto
34
Constables and Sheriffs are examples of...
Elected County Law Enforcement
35
Which of the following is not one of the elements in the traditional police service model?
Proactive response
36
_____, 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
37
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
38
In community policing, there are _____principles to follow or use as a guide.
10
39
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
40
In the Watch and Ward system, Ward meant?
Daytime
41
Official Oppression is what level of penalty in the penal code?
Class A Misdemeanor
42
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
43
The state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution, bravery, valor.
Courage
44
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
45
Facing a barricaded armed suspect is an example of________.
Physical courage
46
Failure to report the death of a prisoner in custody is a _______________.
Class B misdemeanor
47
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
48
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
49
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
50
The ethical role is performed by being __________ and ethical in personal behavior and in functioning as a representative of the criminal justice system.
Objective
51
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
52
The Fourth Amendment to the Constitution:
Protects citizens from unreasonable searches and seizures
53
Divorces are handled through _____ court.
District
54
In Tennessee V. Garner, pertains to what Amendment?
4th Amendment
55
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
56
A Municipal Court is a function of the ___________ component of the Criminal Justice System.
Courts
57
The purpose of _________ is preventing harm to society.
Criminal Law
58
Which of the Amendments to the U.S. Constitution involves your rights in civil proceedings?
7th Amendment
59
Amendment 8 of the U.S. Constitution establishes:
Right against excessive bonds
60
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
61
Miranda V. Arizona pertains to what Amendment?
5th Amendment
62
In Duran V. City of Douglas, what amendment was responsible for the overturn of this arrest?
1st Amendment
63
Citizens of each state are also citizens of the United States is stated in which Amendment?
14th Amendment
64
Which Amendment to the U.S. Constitution allows citizens to keep and bear arms?
2nd Amendment
65
The right to petition the government for redress of grievance is protected under what Amendment?
1st Amendment
66
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
67
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
68
The Fifth Amendment to the Constitution provides which of the following protections:
Freedom from double jeopardy
69
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)
70
The right to a formal trial free from delay is found under what amendment?
6th Amendment
71
__________________ 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
72
The right to an unbiased jury and the right to cross- examine witnesses is given under what Amendment?
6th Amendment
73
Which of the following rights is not defined by the 8th Amendment to the Constitution?
Right to a speedy trial
74
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
75
District courts have original jurisdiction in criminal cases of the felony grade.
TRUE
76
The protection from punishment for actions later made illegal is an __________________ law?
ex post facto
77
What is the role of the City Law Enforcement?
Enforce state and city laws, as well as assist citizens
78
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
79
The power or authority to search with or without a warrant or consent is forever changing and is based on what?
Case law
80
When cases are appealed at the municipal and magistrate court level, they move to the county court level.
TRUE
81
The structure of the criminal justice system is made up of what?
The Police, Courts and Correctional System
82
____________ 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
83
A way of thinking and acting based on tradition is the definition of...
culture
84
_____________ symbolizes one's affiliation with a more dominant group.
Authoritarian personality
85
Democracy cannot work for some unless it works...
For all
86
The right to be ___________ implies the right to be ____________.
Free...different
87
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
88
A goal of society and the criminal justice system is the reduction of crime?
TRUE
89
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
90
Which of the following is a function of prejudice?
All of the answers are correct
91
Impartial enforcement is intellectually and emotionally consistent with the basic foundations of _________ government and its legal expressions and guarantees.
Democratic
92
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.
93
____________ refers to shared culture and background.
Ethnicity
94
An adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts is the definition of...
Prejudice
95
The Latino/Hispanic Americans are comprised of how many Cultural groups and how many typologies are there?
25 and 7
96
____________ 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
97
____________ means to act on the basis of prejudice.
Discrimination
98
_____________ provides an outlet for projecting one's tension and frustrations onto other people.
Projection
99
____________ generally refers to groups of people with common ancestry and physical characteristics.
Race
100
The affidavit made before the Magistrate, District Attorney, or County Attorney, which alleges an offense, is called:
A complaint
101
Unless specifically stated for the offense, generally speaking, you have _______ years from the date of commission to present a felony indictment.
3
102
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
103
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
104
Which of the following statements about search warrants is NOT true?
Search warrants must be executed within one week of issuance
105
Which of the following is not a magistrate in Texas?
State Attorney General
106
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
107
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
108
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
109
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
110
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
111
The statute of limitations for the offense of the offense of Securing execution of document by deception is
7 years
112
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.
113
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
114
Which of the following is a true statement about arrest warrants:
All of the answers are true statements
115
The _____________________ in each incorporated city or town shall have jurisdiction in cases involving Class "C" Misdemeanors.
Municipal Court
116
If a peace officer summons a person to aid him, and that person refuses, the person is guilty of:
No offense
117
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
118
Which of the following would not be a reason for the issuance of subpoena?
At an administrative hearing
119
A ______________________ may have the same duties as the sheriff.
Deputy
120
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
121
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
122
A Capias may be executed by any:
Peace Officer
123
To arrest a defendant with an arrest warrant the officer must have the warrant in his possession. T or F?
FALSE
124
A person may be fined up to $100 if they refuse to obey a subpoena in a ______ case.
Misdemeanor
125
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
126
________ 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
127
Which of the following is not correct about a search warrant?
All are correct statements about a search warrant
128
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
129
A person may be fined up to $500 if they refuse to obey a subpoena in a __________ case.
Felony
130
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
131
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
132
Which of the following is not a Peace Officer in Texas?
Special Agents of the Bureau of Alcohol, Tobacco, and Firearms
133
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
134
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
135
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
136
The _____________________ is custodian of prisoners.
Sheriff
137
Which of the following would not be a Special Investigator as defined in the Code of Criminal Procedure?
Railroad Peace Officers
138
The limitation for presentation of an indictment or information for any misdemeanor is:
2 years
139
Each sheriff shall be:
Conservator of the peace
140
Which of the following does not have jurisdiction in criminal actions.
The Texas Supreme Court
141
For which of the following is there no time limit for presentation of an indictment?
Both murder and manslaughter have no time limit
142
A search warrant runs for:
3 days excluding the day it was issued and the day it is executed
143
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
144
A search warrant for __________ may not be signed by a justice of the peace.
Property constituting evidence
145
Probable cause for a search warrant affidavit must be based on_____________.
Facts
146
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
147
The Fruit of the Poisonous Tree doctrine pertains to physical/tangible materials, and it also applies to intangibles, such as confessions.
TRUE
148
If an arrest is determined to be unlawful, then any evidence found from the arrest will be suppressed.
TRUE
149
There are _____ prerequisites for the Plain View exception.
2
150
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.
151
Evidence obtained as a result of an illegal government action will be excluded from evidence?
TRUE
152
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
153
______________________ 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
154
Which of the following is not a classification of interactions between peace officers and civilians?
A contact that is based on reasonable doubt.
155
When an officer is conducting a frisk, the officer is checking for ______________.
Weapons
156
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.
157
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.
158
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
159
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
160
Which of the following is justification for a frisk?
The protection of the officer or other persons.
161
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
162
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.
163
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
164
Consent to a search is considered a waiver of constitutional protection/rights, and the consent must be voluntary and knowing.
TRUE
165
Which of the following statements about consent searches is true?
Written consent is better than verbal consent.
166
___________________applies to warrantless searches or seizures made when a life-threatening situation exists.
Exigent Circumstances
167
Temporary Detention means ____________________.
The holding of a person, for a limited time, who is not yet answerable to a criminal offense.
168
____________________ 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
169
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
170
____________________ means the surrender, desertion, relinquishment, disclaimer, or cession of property or of rights.
Abandonment
171
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
172
The degree of proof needed to conduct a stop and frisk /pat down (Terry Stop) is _______________.
Reasonable suspicion
173
A search is, by definition, an invasion of privacy.
TRUE
174
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
175
_________________________ is anything that leads you to believe that something is not right (i.e. it is not criminal yet).
Suspicious Circumstances
176
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.
177
Which of the following information can be used to build probable cause?
Furtive Acts
178
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.
179
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.
180
When a vehicle has been impounded by law enforcement, law enforcement _________.
May inventory according to standard criteria established by their agency.
181
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
182
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
183
Prior to Chimel v. California officers were allowed to search incident to arrest ________.
The arrestee and his entire residence without additional justification.
184
At the moment of arrest, ________________________ cease(s) to build.
Probable cause
185
__________________ is one of the elements used by courts to determine if an arrest has occurred.
Actual Seizure
186
___________________ is the act of imagining, or the apprehension of something without proof, or on slight evidence.
Suspicion
187
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
188
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
189
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.
190
The US Constitutional Amendment that is concerned with the right to be free from unreasonable searches is the ____________________.
Fourth Amendment
191
If a person consents to a search, that person_____________________.
May withdraw the consent at anytime.
192
Which of the following is a necessary element of a lawful arrest?
The authority of arresting person.
193
Vehicle inventories are conducted_________________________.
To protect the department and the officer.
194
Which of the following cases addressed the Totality of the Circumstances on the use informants?
Illinois v. Gates
195
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.
196
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
197
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.
198
Which of the following is NOT correct about a Frisk (Terry Frisk)/pat down?
It can be used as a policy for law enforcement.
199
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
200
__________________________ doctrine is the notion that evidence obtained after illegal government action will be excluded from evidence.
Fruits of the Poisonous Tree
201
Johnnie, while riding home from school, places his exposed buttocks on the window facing the rear of the vehicle without regard to who would be offended by this action:
No Offense
202
How many individuals constitute a combination?
three or more
203
Joe is stealing a car. During the attempt, Joe sees the owner of the car, Randy, and shoots him. Randy is injured but does not die. The most serious criminal offense Joe can be charge with is:
aggravated robbery
204
________________ means the constitution or a statute of this state or of the United States, a written opinion of a court, or a rule authorized by and lawfully adopted under a statute.
Law
205
Jody is standing outside the local crack house. Spike, the police narcotics dog, walks by with his handler. Jody kicks Spike as he walks by, stating words to the effect that the police just need to get out of his neighborhood. Jody has committed...
Interference with a police service animal
206
A person attains _____ on the anniversary of his birth date.
A Specified Age
207
Which of the following offenses are considered as disorderly conduct?
disrupting meeting or procession
208
Mr. Jones is a county commissioner. He makes unwanted sexual advances toward his secretary who reports him. Mr. Jones has most likely committed...
official oppression
209
In which of the following circumstances would an individual be charged with aggravated assault?
none of the above would constitute aggravated assault
210
Officer Friendly attempts to serve Tom Scumbag with a subpoena or citation and Bill Nofriendofmine interferes with the officer's duty. Bill can be charged with?
Interference with public duties
211
Grace comes home early from work and finds her husband in bed with another woman. She walks into the kitchen, gets a butcher knife, goes back into the bedroom and stabs the woman, killing her. Grace would most likely be charged with...
murder
212
Which of the following persons cannot be charged with "illegal recruitment of an athlete"? A prospective athlete's...
Uncle
213
Clyde allows Mary, a sixteen year old prostitute to live in his extra bedroom, Clyde is guilty of:
no offense
214
Phil Landerer is infatuated with Lola, his co-worker. He has repeatedly asked her to go out with him on a date. She has repeatedly refused, and even gone so far as to tell him to stop asking. He regularly cruises in her neighborhood during the evenings to catch a glimpse of her as she walks her pet poodle. On more than one occasion, he's stopped and told her that she needs to go out with him to ensure her little poodle is able to continue their walks. What offense has Phil committed?
Stalking
215
A person who has sex with a chicken in a public place commits what offense?
public lewdness
216
A person commonly referred to as a "PIMP" locates clients for a female who receives cash money for sexual favors. The female pays the "PIMP" a percentage for furnishing the customers. What offense has the "PIMP" committed?
Promoting Prostitution
217
A person who touches the breasts of a 13 year old female, with intent to arouse himself sexually, commits what offense?
indecency with a child
218
_______________ means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense.
Correctional Facility
219
The punishment for a 1st Degree Felony is...
5-99 years imprisonment and/or a fine up to $10,000
220
You have conducted a pat search on an individual and found a fixed blade knife in their back pocket. You measure the blade and find the length to be 5 ?". What offense has been committed?
No Offense
221
A person commits what offense if he enters and remains in a habitation of another with notice that entry was forbidden?
criminal trespass of a habitation
222
Which step in the valuation ladder is used to determine a 1st Degree Felony offense?
$300,000 or more
223
If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 or 49.02 that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by?
a fine not to exceed $2,000, confinement in jail for any term of not more than 180 days; or both such fine and confinement.
224
A person commits what offense if he uses force against a peace officer who is attempting to make an arrest?
resisting arrest, search or transportation
225
A man calls police and states that his neighbor has just threatened to burn his house down. The neighbor has committed...
terroristic threat
226
The GD gang is short on personnel. The leader, Jose, knows a real tuff kid from his school, he approaches the kid who is 16 years old and tells him if he does not join the gang he will beat the snot out of him.
Coercing, Inducing or Soliciting Membership in a Criminal Street Gang
227
According to the Texas Penal Code, ______ means a human being that has been born and is alive.
Individual
228
Larry comes home from a business trip and found his wife in bed with another man. Larry then leaves the room, goes to his den and grabs his pistol. Larry returns to his bedroom to find the man attempting to get dressed and then threatens to shoot him in the chest while pointing the pistol at him if he didn't leave quickly. Larry has committed what offense?
Aggravated Assault
229
According to the Penal Code, which of the following is a "short barrel" firearm?
Shotgun with an overall length of less than 26 inches
230
Which of the following is not a valid legal defense?
voluntary intoxication
231
An employee at an amusement park is intoxicated and improperly assembles a mobile amusement ride. A person later rides on the amusement ride and dies in an accident. The employee who assembled the ride can be charged with:
Intoxication Manslaughter
232
Bob the deer hunter just shot a huge buck, but the buck ran off forcing Bob to track him down. As Bob is walking across a field he sees a tree on the other side of the field that has a purple line painted on it. The purple strip is approximately eight inches in length, approximately one inch in width and approximately five foot above the ground. As Bob is looking around, he notices that there are more trees that have the purple stripes on them. They appear to be approximately 100 feet apart from one another. Bob then see his huge buck on the other side of the trees and passes them to retrieve his buck. Bob has committed what offense?
Criminal Trespass
233
Two individuals are engaged in an act of sexual intercourse in a public place, and others are present who are offended by the scene. The two people have committed?
Public lewdness
234
After a date with Sue, Jake enters her apartment without permission, and forces her to have sex. Jake will most likely be charged with...
burglary of a habitation
235
Johnny Rottencrotch threatens to have sex with his wife's daughter. The wife then submits to sexual intercourse because of the threat. Johnny committed what offense, if any?
Sexual assault
236
Two friends buy a boat together. One of the men becomes angry at the other and damages the boat that they purchased together. What offense, if any, has been committed?
Criminal mischief
237
Rick forces his two sisters ages 16 and 17 to become prostitutes to help pay for his living expenses. He supervises the business and shares in the proceeds of their endeavor.
Aggravated Promotion of Prostitution
238
A person who knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses ____ or more prostitutes, commits the crime of aggravated promotion of prostitution.
Two
239
When an actor causes the penetration of the anus or female sexual organ of another person by any means without the person's consent, which offense has been committed?
Sexual assault
240
Which of the following is not a culpable mental state?
Foolishly
241
You stop Joe Dirt while he was walking on the railroad tracks minding his own business, what offense has Joe committed?
Interference with Railroad Property
242
How many individuals constitute a conspiracy?
two or more
243
__________________ means to restrain a person with intent to prevent his liberation by: secreting or holding him in a place where he is not likely to be found; or using or threatening to use deadly force.
Abduct
244
According to the penal code, conduct merely affording a person an opportunity to commit an offense does not constitute
Entrapment
245
Insanity is an "Affirmative Defense" to a criminal charge which means...
the defense must prove insanity
246
Conduct does not constitute an offense unless it is defined as an offense by:
all are correct
247
A person crawls into a window in a warehouse to get out of the rain. The owner finds the person asleep the next morning and calls the police. The person committed....
Criminal trespass
248
The types of burglary are...
Building, habitation (as classified in 30.02 PC), vehicle, coin operated machine or coin collection machine
249
The punishment for a Class B Misdemeanor is...
Up to 180 days confinement and/or up to a fine of $2,000
250
Kim and John are living together. They get into an argument, and it becomes rather heated. Kim goes to call the police, and John grabs the phone and smashes it into the wall. John has committed...
Interference with emergency assistance call
251
Aggravated assault on a Peace officer is a:
first degree felony
252
_____ is a failure to act.
Omission
253
The punishment for a 2nd Degree Felony is...
2-20 years imprisonment and/or a fine up to $10,000
254
People are dancing at a night club. A man pinches a woman on her buttocks and she is offended by the pinch. The man can be charged with:
Assault
255
The punishment for a Class A Misdemeanor is...
Up to 1 year confinement and/or up to a fine of $4,000
256
A person detonates a bomb without consent or with the intent to destroy a building of another. The person committed:
Arson
257
Which step in the valuation ladder is used to determine a Class B Misdemeanor offense?
$100 to $749.99
258
Which of the following is not a prohibited weapon?
Handgun
259
You are patrolling eastbound along the highway through town at 2:30PM on a Sunday afternoon. You observe a completely nude woman walking eastbound on the westbound shoulder. Many people are walking out of church and see her, which offends them, she is committing the offense of...
Disorderly conduct
260
For the purposes of the penal code, this state includes the...
All of the answers are correct
261
_____ is aware of, but consciously disregarding a substantial risk.
Reckless
262
You stop Johnny after the vehicle he was driving ran a red light. While talking with Johnny, you notice several T.V.'s in his back seat. After speaking with Johnny for awhile, Johnny gives you consent to search his vehicle. While searching the vehicle, you notice that the serial numbers on the T.V.'s had been scratched off. You question Johnny about the T.V.'s and Johnny stated that they were his and he was taking them to the pawn shop. What offense has Johnny committed?
Tampering with Identification Numbers
263
Sudden passion and adequate cause are associated with...
murder
264
Luther is confined in the Texas Department of Corrections for sexual assault of a child, who was 15 years of age at the time of the offense. Luther loves the child, and calls her at her home. The prison warden had not received consent from the child's parents for Luther to talk to the child. Luther has committed...
Improper contact with a victim
265
Joe is babysitting his 5 year old niece at her home. Joe convinces her to rub his crotch area through his jeans. Joe is unable to satisfy himself with this, and gets her to stop. Joe has committed...
Indecency with a child by contact
266
_____ is a belief that would be held by an ordinary and prudent person in the same situation as the actor is the definition of...
Reasonable belief
267
Dale loans a pistol to bill to use in a criminal offense. Dale has committed...
unlawful transfer of a firearm
268
_______________includes consent by a person legally authorized to act for the owner.
Effective Consent
269
A person commits what offense if, with intent to deceive and with knowledge of the statement's meaning makes a false statement under oath?
perjury
270
A person who intentionally threatens another with bodily injury with a deadly weapon commits...
aggravated assault
271
According to the Texas Penal Code, _______ means a threat, however communicated to commit an offense.
Coercion
272
An 18-year-old man has sexual intercourse with a 14-year-old girl, who consents to the sex because they are boy friend and girl friend. What offense, if any, has been committed?
Sexual Assault
273
A person commits "unlawful carrying a weapon" (46.02 PC) if he carries on or about his person which of the following?
All of these
274
A person commits burglary if he enters a building or habitation not then open to the public, with intent to commit what three things?
Felony, theft, or assault
275
John is at the park taking nature photographs. He observes a female skinny dipping in her private pool in her yard which is surrounded by a 6 foot high privacy fence. John takes pictures, and later at home masturbates while looking at them. John has committed...
Invasive visual recording
276
At approximately 1:00PM Mark breaks into a warehouse to photograph a rare sculpture. Mark has most likely committed...
criminal trespass
277
If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of Felony, on conviction he shall be punished by?
a fine not to exceed $4,000, confinement in jail for any term of not more than 365 days or less than 90 days; or both such fine and confinement.
278
Criminal _____ means to agree with one or more persons that they or one or more of them engage in conduct that would constitute the offense and one or more perform an overt act to the agreement.
Conspiracy
279
Which step in the valuation ladder is used to determine a 2nd Degree Felony offense?
$150,000 to $299,999.99
280
The punishment for a State Jail Felony is...
From 180 days to 2 years confinement and/or up to a fine of $10,000
281
Officer Peabody stops Mr. Sneed (the local mortician) for traffic violations. Mr. Sneed is driving his vintage 1972 Pinto hearse, with flames painted on the side. The officer observes that Mr. Sneed has an open bottle of beer sitting in the drink holder in the center console. Mr. Sneed has committed...
Possession of alcoholic beverage in a motor vehicle
282
_____ means ought to have been aware of a substantial risk.
Criminal negligence
283
Which step in the valuation ladder is used to determine a Class C Misdemeanor offense?
Up to $99.99
284
A person who intentionally or knowingly causes the death of an individual who is younger than ten years of age commits...
capital murder
285
Harry, the school custodian, has a fantasy of engaging in sexual acts with school girls. A sixth grader goes in to the janitor's closet to get some paper towels for her teacher. As she is bending over to pick up a package of towels, Harry walks by. He becomes aroused by seeing her in this vulnerable position. He grabs the door, slams it shut and holds it shut from outside in the hall, while the sixth grader is, screaming to let her out, on the inside of the closet. Harry has committed...
Unlawful restraint, State Jail Felony
286
Mr White participates in the earnings of a situation where one male type of domesticated fowl fights another male domesticated fowl for sport.
Cockfighting
287
A man enters his next door neighbor's unfenced yard and kills his neighbor's pigs, which are in a pig pen. What offense, if any, did the many commit?
Criminal mischief
288
The willful giving of a false testimony while under oath during an official proceeding and is material to the case is:
aggravated perjury
289
If John commits an offense and Robert is criminally responsible for John's conduct, then according to the Penal Code, Robert...
is a party to the offense
290
Which step in the valuation ladder is used to determine a Capital Felony offense?
None of these
291
Which step in the valuation ladder is used to determine a State Jail Felony offense?
$2,500 to $29,999.99
292
Homer gets mad at his insurance company. That night Homer throws a burning can of gas on the building, and drives off rapidly. After he leaves, the fire goes out. Homer has committed...
Arson
293
Which of the following is not considered to be a general defense to criminal responsibility?
Ignorance
294
What type of entry is necessary in the crime of burglary?
the intrusion of any part of the body
295
A person walks into a grocery store, puts his hand in his coat pocket, and demands money from the register. The person receives money from the clerk and runs out of the store. What offense did the suspect commit?
Robbery
296
A person who is intoxicated and drives a motor vehicle and by reason of the intoxication causes serious bodily injury to another commits...
intoxication assault
297
If it shown on the trial of a first-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished by imprisonment in the Texas Department of Criminal Justice for life, or any term of not more than 99 years or less than 15 years. In addition to imprisonment, an individual may be punished by a fine not to exceed _______________?
$10,000 fine
298
Criminal _____ means to have intent to commit a capital or 1st degree felony and requests, commands, or attempts to induce another to be a party to the offense.
Solicitation
299
The Texas penal code...
Does not bar, suspend, or otherwise affect a right or liability to damages in a civil suit.
300
A person breaks into an attached garage, breaks into a vehicle parked in the garage, and steals a $2501 computer from the back seat. The most serious offense is:
Burglary of a Habitation
301
Temporary Insanity by reason of intoxication may...
be used to mitigate punishment
302
Johnny calls his ex-girlfriend by phone repeatedly at 2:00AM and hangs up when she answers. What offense has been committed?
harassment
303
A 13 year old kid on a skate board rides by and steals a radio from a bench where a 68 year old lady is sitting waiting for a bus. What offense did the juvenile commit?
Theft
304
According to Section 6.03 of the Penal Code, when a person has a conscious objective or desire to engage in conduct or cause a result, that person acts...
intentionally
305
What is the primary difference between robbery and theft?
the use of or attempted use of force
306
The punishment for a 3rd Degree Felony is...
2-10 years imprisonment and/or a fine up to $10,000
307
_____ means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious injury.
Deadly weapon
308
A person disrupts a PTA or school board meeting; this offense is called:
Hindering proceeding
309
_____ is needed for a conviction of any criminal offense.
Proof beyond a reasonable doubt
310
You respond to a motor vehicle accident. During your investigation, you observe that George, driver of one of the vehicles, has a box of .45 caliber ammunition on the front passenger seat of his car. You further see a semi-automatic pistol, gun box, targets, gun cleaning kit, and a small ice chest in the back seat. You inquire as to what's in the cooler and where George is going. He replies that there is a six pack of beer in the cooler as he opens it. You look in and see that the beers are not open. George says he is going over to the Rebel Shooting Range for a charity shoot. George has committed...
No offense
311
If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two state jail felonies, on conviction the defendant shall be punished for a _________________?
Third-degree felony
312
Bobby snatches the purse from Granny, a 68 year old lady, and she falls to the ground causing a minor scrape. What offense has been committed?
aggravated robbery
313
Officer String Bean attempts to arrest a drunk who has passed out on the sidewalk. The drunk is a rather large man. String can't arouse the drunk so he handcuffs him in front because the drunk's arms won't go far enough back to cuff from behind. Suddenly, the drunk wakes up and panics. He slams his body into String, knocking String down. The drunk then begins kicking String to almost unconsciousness. String has the presence of mind to call for help from three men sitting on a porch across the street. They ignore him and String finally gets on his hand held radio and calls for help. The drunk realizes help is on the way and runs off. String has a broken nose, broken ribs and a chipped tooth. When back-up arrives, they tell the other officers that they didn't see anything. What offense, if any, have the three men committed?
Fail to report a felony
314
Jason is under indictment for felony theft. He tells a witness he will kill him if he testifies against him. Jason has committed...
obstruction or retaliation
315
The punishment for a Class C Misdemeanor is...
A fine of up to $500
316
A party to an offense will...
Be charged with the same offense and classification as that of the intended offense.
317
A person who has been temporarily detained __________ be required to give identification even if the stop is lawful.
Cannot
318
According to the Texas Penal Code, _______ means an individual, corporation, or association.
Person
319
A person commits what offense if he alters a writing so that it purports to be the act of another, who did not authorize it, with intent to harm another?
forgery
320
You respond to a call about small children playing with a nickel plated semi-automatic pistol in the front yard of their trailer home. You arrive, secure the weapon, find that the magazine is loaded but there is no round in the chamber, and learn that the children are home alone and that they found the pistol on the top of a nightstand next to their parents bed. The parent/s have committed...
Making a firearm accessible to a child
321
Section 30.05 of the Texas penal Code states that for the offense of Criminal Trespass a person must enter or remain on the property of another with the notice that entry was forbidden or received notice and failed to depart. Which of the following is an incorrect way of giving notice.
All of the answers are correct
322
A person enters a store that is not then open to the public and begins to stack items up that he wants to steal. A silent alarm alerts police, who catch the individual in the store. What offense, if any, did the many commit?
Burglary
323
The punishment for a Capital Felony is...
Life or death
324
An intent to commit a 3(g) (sex offenses) offense under 42.12 CCP and requests, commands or attempts to induce a minor to commit the offense is the definition of criminal...
Solicitation of a minor
325
A person who is arrested for window peeping may be charged with...
disorderly conduct
326
Brutus is an ex-con, who spent ten years in prison for Aggravated Robbery. He has been out of the pen for ten years. He has been stopped by the police for traffic violations. The officer sees a Point Blank bullet proof vest in the seat next to Brutus. Brutus has committed...
Unlawful possession of body armor by a felon
327
If the offense of Murder is committed during a Riot, what can everyone involved in the Riot be charged with?
Murder
328
A person commits an offense if he or she _________ engages in the offense.
Voluntarily
329
Jake, who owns a farm, shoots his cow in the head killing it instantly. What offense has Jake committed?
no offense
330
Jerry, the homeless transient, stops in Riverside Park to use the restroom facilities. He finds the restrooms locked. He looks around and sees that no one is around. He decides that he can't hold it any longer and unzips beside the restroom. Officer Zealot, patrolling on his bicycle sees Jerry and approaches him from behind. Officer Zealot glides up silently behind Jerry, not seeing what Jerry is doing, and stops. Officer Zealot announces his presence and Jerry, startled, spins around urinating on Officer Zealot's leg and shoe. What offense has Jerry committed?
Disorderly conduct
331
Which of the following are the four types of criminal homicides?
Capital murder, murder, manslaughter, criminally negligent homicide
332
Sammy goes into a store and pulls a gun on the attendant and demands money. Sammy gets nervous while waiting for the money and flees from the store before the clerk is able to open the safe. Sammy has most likely committed...
aggravated robbery
333
An objective of the penal code is to insure the public safety through which of the following?
All of the above
334
A person who intentionally causes bodily injury to a person he knows is a peace officer commits...
assault on a public servant - PC 22.01
335
Johnny loves to drink his beer, and beat his wife. Johnny was convicted two years ago of Assault with Bodily Injury against his wife. Johnny goes outside his country house and is shooting rats with his Glock 9mm semiautomatic pistol. Johnny has committed...
Unlawful possession of a firearm
336
________________ means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
Unlawful
337
Section 46.05 Prohibited Weapons: which of the following is not a prohibited weapon?
Club
338
Wayne stands in the middle of a busy street and masturbates at passing vehicles. Several people are alarmed and offended. The best charge against Wayne is:
public lewdness
339
How many persons does it take to constitute a riot?
seven or more
340
Johnny Jones is in the process of robbing a store when a customer enters and is shot and killed by Johnny, who had his finger on the trigger of his handgun and was startled by the customer entering the store. Johnny later states that it was an accident. What is the most serious offense that Johnny committed?
Capital murder
341
Kelly, the college Criminal Justice Club President, spray paints a sign on the side of the Criminal Justice Building to advertise the club sponsored spring dance. Unfortunately, the paint she used was an aerosol. Luckily, it was able to be sand blasted off by the campus grounds crew. Kelly has committed what offense?
Graffiti
342
Which step in the valuation ladder is used to determine a Class A Misdemeanor offense?
$750 to $2499.99
343
Clyde walks into the "Tank Me Up" liquor store carrying a rifle. Clyde would most likely be charged with...
disorderly conduct if the public is alarmed
344
_____ is a convenient legal device which courts employ to justify convicting those who intend to harm one victim or property, but in fact harm another.
Causation
345
Suzy is stopped for speeding. The officer observes a shopping bag in the seat. The inside of the shopping bag is lined with aluminum foil and clothing which still have the theft detection devices attached to them. Suzy, besides speeding, has committed...
Possession of instruments to commit retail theft
346
Which step in the valuation ladder is used to determine a 3rd Degree Felony offense?
$30,000 to $149,999.99
347
A person steals a credit card with the intent to use it what offense has he committed?
Credit card abuse
348
Criminal _____ means to have the specific intent to commit an offense and does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense.
Attempt
349
Betty Sue who was flat broke and hungry. Betty Sue remembered that she still had some checks in her check book and decided to call Pizza Pros and order a large meat lovers pizza. When the delivery boy arrived, Betty Sue handed him a check for the pizza knowing that she did not have any money in her account. Betty Sue has committed what offense?
Issuance of Bad Check
350
Consent is not effective if:
all of the answers are correct
351
Class C Misdemeanor - valuation ladder
Under $99
352
Class B Misdemeanor - valuation ladder
Over $100 - under $749
353
Class A Misdemeanor - valuation ladder
Over $750 - under $2499
354
state jail felony - valuation ladder
Over $2500 - under $29,999
355
3rd Degree Felony - valuation ladder
Over $30,000 - under 149,999
356
2nd Degree Felony - valuation ladder
Over $150,000 under $299,999
357
1st Degree Felony - valuation ladder
Over $300,000
358
Capital - punishment ladder
Death or life without parole
359
1st Degree Felony - punishment ladder
5 to 99 years & $10,000
360
2nd Degree Felony - punishment ladder
2 to 20 years & $10,000
361
3rd Degree Felony - punishment ladder
2 to 10 years & $10,000
362
State Jail Felony - punishment ladder
180 days to 2 years & $10,000
363
Class A Misdemeanor - punishment ladder
Up to a year & $4,000
364
Class B Misdemeanor - punishment ladder
Up to 180 days & $2,000
365
Class C Misdemeanor - punishment ladder
Fine only - up to $500
366
List the Prohibited weapons
o Explosive weapon o Machine gun o Short-barred firearm o Firearm silencer o Knuckles o Armor-piercing ammunition o Chemical dispensing device o Zip guno Tire deflation device
367
What type of DL do you need to operate a bus that seats 24 or more passengers?
Class B Driver's License
368
How many days must you give a violator to appear in court when you issue a traffic citation?
10 days
369
How far must a stop lamp be visible in normal sunlight?
300 Feet
370
How many fog lamps are authorized on a vehicle?
2
371
What is the authorize height of these?
12 inches to 30 inches
372
How many days after the registration expires does the owner have to get them renewed?
A person commits an offense if, after the fifth working day after the date the registration for the vehicle expires.
373
Under what age does a person need to be accompanied by an adult when operating an all-terrain vehicle?
A person younger than 14 years of age who is operating an all-terrain vehicle must be accompanied by and be under the direct supervision of:-The person's parent of guardian; or-An adult who is authorized by the person's parent or guardian
374
A school activity bus is a bus designed to accommodate how many passengers?
15 passengers
375
How far must an operator stop when approaching a rail road crossing?
Must stop no closer than 15 feet or farther than 50 feet.
376
How far can a vehicle be parked from the curb on the passenger side and on a one-way street?
18 inches
377
When turning right or left from one highway to another highway where can you not cross or drive on?
median
378
How many headlamps may be illuminated at one time?
four
379
What are the mounting distances for head lamps?
Each headlamp shall be mounted at a height from 24 to 54 inches.
380
Prima Facie speed limit in alley
15 mph
381
Prima Facie speed limit on county roads
30 mph
382
Prima Facie speed limit on highway
70 mph
383
Prima Facie speed limit on beach
15 mph
384
Prima Facie speed limit in residential
30 mph
385
To represent oneself in an action is __________________.
Pro Se
386
_________________ regulates the conduct of individuals through threats of fines and imprisonment, and ________________ regulates conduct through injunctions and award of money damages.
Criminal law, civil law
387
A written or oral application for a ruling or order from the court is ____________.
Motion
388
Nulla Bona means _______________.
No goods
389
Under 7.001 TCPRC - Liability for Refusal or Neglect in Performance of Official Duties, a clerk, sheriff, or other officer who neglects or refuses to perform a duty required under the Texas Rules of Civil Procedures or under a provision of this code derived from those rules, is liable for damages in a suit brought by a person injured by the officer' neglect or refusal.
TRUE
390
Under 7.003 TCPRC - Liability Regarding Execution of Writs, an officer is not liable for damages resulting from the execution of a writ issued by a court of this state if the officer, in good faith executes or attempts to execute the writ as provided by law and by the Texas Rules of Civil Procedures.
TRUE
391
The temporary seizure or setting aside of specific property to which a party to a suit has claim of ownership is the definition of ______________.
Sequestration
392
Under execution of process, the sheriff commits an offense if he fails to return a process or makes a false return. This is punishable by the court with a fine of not more than __________ and shall be deposited in the ______________.
$100, County Treasury
393
An offense that is an intentional or knowing violation of a law committed by a public servant while acting in an official capacity as a public servant is _______________.
Official Misconduct
394
________________ is to redeliver goods that have been seized by an officer to the original possessor of them, upon the original possessor's giving security conditioned on prosecuting an action to determine the legality of the seizure.
Replevy
395
A written declaration of facts, made voluntarily and sworn to by a person, before another person having authority to administer an oath or affirmation is the definition of ________________. The affiant has to sign this before someone who will swear them to it.....
Affidavit
396
A person commits this offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act, on account of the service or status of another, i.e., Josh is arrested and while in route to the police department he threatens the police officer who arrested him on account of him performing his duty.
Obstruction or retaliation
397
Under Officer Liability, no citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the ______________ of the land.
Due course of law
398
A person commits this offense if he makes, presents, or uses any record document, or thing with knowledge of it falsity and with intent that it be taken as a genuine governmental record.
Tampering with Governmental Records
399
Every direction of a court or judge; a mandate or command is the definition of _____________.
Order
400
A public servant acting under color of his office or employment commits what offense if he, intentionally subjects another to sexual harassment.
Official Oppression
401
A _________________ commands the person(s) to whom it is directed to desist or refrain from the commission or continuance of the act enjoined or to obey and execute such order as the court has seen proper to issue. e.g. The document might tell the person to not sell the boat because there is a question about who owns it.
Injunction
402
A persons commits this offense if, with intent to deceive and with knowledge of the statement's meaning he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath.
Perjury
403
A person commits what offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding or coerces a witness or prospective witness in an official proceeding?
Tampering with Witness
404
To collect, gather, take up, seize, or execute on monies, real or personal property under a lawfully issued writ is the definition of _______________.
Levy
405
A person commits what offense if, knowing that an investigation or official proceeding is pending or in progress, he alters, destroys, or conceals any record, document, or thing with intent to impair it verity, legibility, or availability in the investigation? e.g. Isaac knows that a case is going to be heard against him and he destroy's his phone because it has evidence that may show that he is at fault.
Tampering with or Fabricating Physical Evidence
406
The legal drinking age in the State of Texas is _____ (Section 106.01).
21
407
Peace officer's are exempted from criminal penalties for not notifying TABC on an alcohol seizure?
FALSE
408
A peace officer ____ before he/she conducts an inspection of a licensed premises.
Does not need to obtain a search warrant
409
Which of the following is a key term relative to determining if a minor can legally possess or consume alcoholic beverages?
Visible presence
410
Alcoholic beverage means alcohol or beverage with more than _____of _____ alcohol by volume, alone or diluted.
?, 1%
411
A peace officer must submit a report when alcoholic beverages are __________ under violation of the Texas Alcoholic Beverage Code?
Seized
412
When inspecting a premises licensed to sell alcoholic beverages, you come upon a sign that alerts persons entering that it is a violation of law to enter while in possession of weapons. What size is the sign required to be according to the Texas Alcoholic Beverage Code?
at least 6" high by 14" wide
413
A peace officer that makes a seizure of alcoholic beverages is required to make a report in _________, one of which shall be verified by oath (Section 103.05).
Triplicate
414
According to ABC 106.01, a MINOR means a person under ________ years of age.
twenty one
415
Section 101.75 Consumption of Alcoholic Beverages near Schools: A person commits an offense if the person possess an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within _____ feet of the property line of a facility that is a public or private school that provides all or part of the kindergarten through twelfth grade.
1,000
416
__________________ means alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients.
Distilled Spirits
417
19 year old Delbert Dolt strolls into the liquor store to purchase some cheap wine. He presents in apparently valid Texas Identification Card to the sales clerk, who willingly sells him the wine. What violation, or violations, of the Alcoholic Beverage Code have occurred?
Purchase of alcohol by a minor and misrepresentation of age by a minor
418
Delivery of a Dangerous Drug is what level offense?
State jail felony
419
Under drug free zones, HSC 481.134, the offense of possession or delivery can't be committed in, on, or within _____ feet of an Institution of higher education or in, on, or within _____ feet of a public swimming pool or video arcade facility.
1000, 300
420
In order for Possession of Marihuana to be a second degree felony, the amount of Marihuana must be which of the following weights:
60 pounds
421
A person may not sell an abusable volatile chemical at retail unless, the person or the person's employer holds, at the time of the sale, a volatile chemical sales permit for the location of the sale.
TRUE
422
You legally stop someone after you observed them shake hands with another person, and you find a bag of marihuana on them. You do not find any money. The weight of the bag containing the marihuana is 6 grams. What charge can be filed, and what is the Penal Code classification/level of the offense? (1 gram = 0.035 ounce)
Possession marihuana Under 2 ounces, Class B misdemeanor
423
Joe increases the prescribed quantity of a dangerous drug on a prescription that was issued to him by his doctor. He has committed what offense?
Forging or altering a prescription
424
________________ means a controlled substance that, without authorization, bears or is in a container or has a label that bears an actual or simulated trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed, the substance.
Counterfeit substance
425
___________ 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.
Dispense
426
______ means a substance that has an addiction-forming or addiction-sustaining liability similar to morphine, or is capable of conversion into a drug having addiction-forming or addiction-sustaining liability.
Opiate
427
____________________ means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing, a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.
Drug paraphernalia
428
Cocaine is listed in penalty group _________, and Possession of Cocaine Over 1 gram, but Under 4 grams, would be a ________________.
Group 1, 3rd degree felony
429
____________ means to transfer, actually or constructively to another, a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship.
Deliver
430
Which of the following offenses, upon first conviction, is a class B misdemeanor?
Forging a prescription
431
Which of the following is considered a Drug Free Zone?
All (A-D) are drug free zones.
432
__________________ means the injection, inhalation, ingestion, or application of a substance to or into a human body.
Human consumption
433
A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is older than 18 years of age.
FALSE
434
_____________means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or re-labeling of its container.
Manufacture
435
________________ means to directly apply a controlled substance by injection, inhalation, ingestion, or other means, to the body of a patient or research subject by: (A) a practitioner or an agent of the practitioner in the presence of the practitioner; or (B) the patient or research subject at the direction and in the presence of a practitioner.
Administer
436
_____________ means actual care, custody, control, or management.
Possess
437
Mobile and Stationary, in reference to drug/narcotics investigations, are two types of ways to _____________________.
Conduct surveillance
438
A person commits what offense if the person knowingly or intentionally uses, or possesses with intent to use, an item used to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
Possession of drug paraphernalia, Class C misdemeanor
439
In reference to Drug Free Zones, which of the following is not true about a Youth Center:
It is used by persons 21 years of age or younger.
440
Under Signs, in Sec. 485.017 H.S.C., it states that a business establishment that sells an abusable volatile chemical at retail shall display a conspicuous sign in English and ___________.
Spanish
441
Possession of a Dangerous Drug is what level offense?
Class A Misdemeanor
442
A person is legally stopped on the street and found to be in possession of 2 grams of Methamphetamine. Which of the following offenses apply?
Possession of a controlled substance Over 1 gram, but Under 4 grams
443
Possession of more than 20 abuse units of LSD, but less then 80 abuse units is a ___________.
Third Degree Felony
444
_______________ means a substance, other than a device or a component, part, or accessory of a device, that is: (A) recognized as a drug in the Official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Official National Formulary, or a supplement to either pharmacopoeia or the formulary; (B) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (C) intended to affect the structure or function of the body of man or animals but is not food; or (D) intended for use as a component of a substance described by paragraph A, B or C.
Drug
445
THC (delta-9-tetrahydrocannabinol), is not the main active chemical in marihuana.
FALSE
446
__________________ means any of the following, produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) opium and opiates, and salt compound, derivative, or preparation of opium or opiates; (B) a salt, compound, isomer, derivative, or preparation of a salt, compound, isomer, or derivative that is chemically equivalent or identical to a substance listed in paragraph A other than the isoquinoline alkaloids of opium; (C) opium poppy and poppy straw; or (D) cocaine, including:(i) its salts, its optical position, or geometric isomers, and the salts of those isomers; (ii) coca leaves and a salt, compound, derivative or preparation of coca leaves; and (iii) a salt, compound, derivative, or preparation of a salt, compound, or derivative that is chemically equivalent or identical to a substance described by subparagraph (i) or (ii), other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine.
Narcotic drug
447
If it is shown at the punishment phase of a trial, for the manufacture of a controlled substance listed in Penalty Group 1, that a child younger than 18 years of age was present on the premises where the offense was committed, the penalty/penalties are enhanced.
TRUE
448
In reference to consent that is given to search a vehicle or residence, which of the following is not correct?
The consent cannot be withdrawn once given.
449
The seizure and destruction of controlled substance plants, under HSC 481.152, does apply to un-harvested Peyote growing in its natural state.
FALSE
450
In order to prove a case of Possession, you must show that the person was ________.
In care, custody, or control of the substance
451
Hazards that could be encountered at a Methamphetamine lab include:
All of the above are correct.
452
Which of the following is included in Penalty Group 1-A?
LSD
453
Ecstasy (MDMA - methylenedioxymethamphetamine) has both properties of a hallucinogen and a stimulant.
TRUE
454
Which of the following listed below is a common place of concealment for controlled substances or dangerous drugs?
A-C are correct.
455
Which of the following is the highest charge?
Possession of 5 grams of cocaine.
456
In regards to the evidentiary rules relating to offer of delivery, to establish a delivery, proof of an offer to sell must be corroborated by __________________.
A person other than the person to whom the offer was made
457
If a subject delivers more than one ounce of marihuana, but less than five pounds, he or she will be charged with a?
State jail felony
458
_________________ means (A) a substance with a chemical structure substantially similar to the chemical structure of a controlled substance in penalty group 1, 1-A, or 2; or (B) a substance specifically designed to produce an effect substantially similar to, or greater than, the effect of a controlled substance in penalty group 1, 1-A, or 2.
Controlled substance analogue
459
____________ means the plant cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.
Marihuana
460
Which of the following answers are the three methods of drug abuse?
Injection, Ingestion, Inhalation
461
______________ means a substance including a drug, an adulterant, a dilutant, and an immediate precursor, listed in penalty groups1, 1-A, or 2 through 4.
Controlled substance
462
In reference to narcotics interdiction/investigation, extended travel without luggage, luggage carried on the back seat, and the appearance of being nervous during contact with officers are:
Typical characteristics of drug smugglers.
463
Whren v. United States, Supreme Court decision establishes case law dealing with ___________.
Pretextual traffic stops
464
The requirement that states; for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling is found in the ______________.
Texas Occupations Code
465
Texas requires agencies to have a written policy on racial profiling. The policy must include all of the following except?
All of the answers must be included.
466
By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds
TRUE
467
The definition of Race or Ethnicity found in the Transportation Code is:
Of a particular descent including Caucasian, African, Hispanic, Asian, or Native American descent.
468
Which of the following is part of the Drug Courier Profile?
All of the answers are correct
469
The prohibition on racial profiling for Texas Peace Officers is stated in the ________________.
Texas Code of Criminal Procedure
470
If an agency installs video or audio equipment, the policy adopted must include ________________________________ video and audio documentation.
standards for reviewing
471
One of the requirements for an intermediate proficiency certificate states that an officer must complete an education and training program on _____________ ________________.
racial profiling
472
Each law enforcement agency shall adopt a detailed ____________________ on racial profiling that must clearly define what constitutes racial profiling.
written policy
473
Most race-based complaints come from?
Vehicle stops
474
A typical traffic stop resulting from racial profiling is when the vehicle is stopped on the basis of a ___________________
contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers.
475
Racial profiling" means a law enforcement-initiated action based on an individual's ____________ , or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.
Race, ethnicity
476
It is the intention of the legislature was that asset forfeiture be:
Remedial in nature and not a form of punishment.
477
Proceeds includes income a person accused or convicted of a crime or the persons's representive or assignee receives from: Which of the following are not a proceed?
All are proceeds
478
If money that is contraband is seized, the attorney representing the state may deposit the money in an _________________________________ in the jurisdiction of the attorney representing the state until a final judgment is rendered concerning the contraband.
interest-bearing bank account
479
When was Senate Bill 563 (SB563) passed?
May-01
480
What are reasons for forfeiture?
A&B are correct
481
Any property that is contraband other than property held as evidence in a criminal investigation or a pending criminal case is ________________ for forfeiture.
eligible
482
Which of the following is not a defense to forfeiture?
The suspect was poor
483
A legal concept that a person has an ownership or possessory interest in property so as to exercise dominion and control over it, is the definition of what?
Standing
484
The Attorney representing the state shall commence proceedings under section 59.02 CCP not later than the ___ day after the date of seizure.
30th
485
Can money seized as contraband be deposited into an interest bearing account?
yes
486
__________ means 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.
Security Alert
487
_________ is looking over your shoulder or from a nearby location as you enter your Personal Identification Number (PIN) at an ATM machine.
Shoulder surfing
488
_________ means a notice placed on a consumer file that prohibits a consumer reporting agency from releasing a consumer report relating to extension of credit involving that consumer file without the express authorization of the consumer.
Security Freeze
489
Name, date of birth, social security number, address, phone number, driver's license number, passport number, mother's maiden name, etc. are _________ identifiers.
Personal
490
Fraudulent Use or Possession of Identifying information is a ________?
State Jail Felony
491
Federal Bureau of Investigation- Notify if an identity crime is used to commit a bank fraud, governmental fraud or in furtherance of an investment scheme, insurance fraud, etc. involving losses over ____________?
$100,000
492
Many criminals who want to obtain personal data from people online use a technique known as _____________.
Spoofing
493
_________ is the theft or misuse of personal or financial identifiers in order to gain something of value and/or facilitate other criminal activity.
Identity crime
494
Criminals commonly do the following to steal your identity.
All of the answers are correct
495
Texas is ___ in the nation in the number of instances of identity crime reported to the FTC.
5th
496
What are considered personal identifiers?
o Date of birtho social security numbero addresso phone numbero driver's license numbero passport numbero mother's maiden name.o Name
497
Who approves/tests Child Safety seats?
NHTSA
498
When can you drive on a limited access or controlled access roadway?
access by persons to enter or exit the highway or roadway is restricted under law except at a place and in the manner determined by the authority that has jurisdiction over the highway or roadway.
499
What level of offense is it for someone to knowingly allow another to operate a motor vehicle when they know that the persons license is suspended?
Class C Misdemeanor
500
The department may not issue an A or B license to someone under the age of?
18 YOA
