BPOC EXAM 4 study guide 100% VERIFIED ANSWERS 2024/2025 CORRECT STUDY SET, Exams of Law

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BPOC EXAM 4 study guide 100% VERIFIED ANSWERS 2024/2025 CORRECT STUDY SET __________ is the bodily movement, whether voluntary or involuntary, and includes speech Act ___________ is a person whose criminal responsibility is an issue in a criminal action Actor ___________ includes authority, board, bureau, commission, committee, council, department, district, division, and office Agency ____________ ____________includes Alcohol, or any beverage containing more than half of 1 % of alcohol by volumecapable of use for any beverage purpose either alone or mixed Alcoholic beverage ____________ is a person other than the actor Another ______________ is two or more persons having a joint or common economic interest Association ____________ is anything that is reasonably regarded as economic gain Benefit _________ _________ is the physical pain, illness, or any impairment of physical condition Bodily injury What's the difference between bodily and serious bodily injury? -Bodily injury is physical pain or illness -S.B.I is risk of death, causes death, permanent disfigurement _________ ____________________ ____________ is a FACILITY owned by the state, that houses only persons that have been CIVILY COMMITTED as sexual violent predators Civil commitment facility ___________ is a threat however committed Coercion ____________ is an act or omission and it's accompanying MENTAL STATE Conduct ____________ is the assent in fact, whether expressed or apparent Consent What's the difference between consent and effective consent? -Consent is expressed or apparent (obvious) -Effective Consent is legally authorized by a person ______________ _____________ is a substance, including a drug, an adulterant, and a dilutant. The term includes the aggregate weight of any mixture, solution, or other substances containing a controlled substance Controlled substance _________________ is a non profit corporation, professional associations created pursuant to statute, and joint stock companies Corporation ______________ is when you ought to be aware. Criminal Negligence _____________ is a written opinion of a court of record, a municipal ordinance, a rule authorized by and lawfully adopted under a statute. Law What offense is punishable by fine, confinement in jail, or both? Misdemeanor _________ includes affirmation Oath _______________ ______________ is any type of administrative, executive, legislative, or judicial PROCEEDING that may be conducted before a public servant. Official proceeding ___________ is the failure to act. Omission An ___________ is a person who has title to property, possession of the property, whether lawfully or not. Owner ___________ __________ is a person who is elected, employed, or appointed as a peace officer. Peace officer _________ _______________ is a place for confinement of persons arrested for, charged with, or convicted of an offense. Penal Institution A __________ is an individual or a cooperation, association, limited liability company, or other entity. Person _________________ means actual care, custody , control, or management. Possession ____________ _________ means any place in which the public has access, but is not limited to streets, highways, schools, hospitals etc. Public place __________ __________ is a person that is elected or selected, appointed, employed, or otherwise designated in a position. Public servant Who are public servants considered to be? -Officer -Juror/Grand juror -Arbitrator -Attorney -Candidate for nomination ____________ __________ is the belief that would be held by an ordinary and prudent man in the same circumstances as the actor. Reasonable Belief ________ includes regulation. Rule _________ ________________ __________ is a MUNICIPAL or COUNTY JAIL or a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. Secure Correctional Facility __________ means bodily injury that creates substantial risk of death or that causes permanent disfigurement. S.B.I __________ ________ is a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand. Sight Order __________ means affirm Swear ___________ means criminal or tortious or both Unlawful _________ is an individual who is an unborn child, the failure to be born. alive. Death _________ ________________ means the number of alcohol per: -210 liters of breath -100 milliliters of blood -67 milliliters of urine Alcohol concentration In relation to "alcohol concentration" how many liters of breath is required? 210 liters In relation to "alcohol concentration" how many milliliters of blood is required? 100 ml In relation to "alcohol concentration" how many milliliters of urine is required? 67 ml _____________ means not having the normal use of mental or physical faculties due to the introduction of alcohol, controlled substance, a drug, dangerous drug, or combination of the following. Life w/out parole or death What's the punishment of a 1st degree felony? -life or 5-99 years of confinement IN ADDITION TO A: -10,000 dollar fine What's the punishment for a 2nd degree felony? -2-20 years of confinement IN ADDITION TO A: -10,000 dollar fine What's the punishment of a 3rd degree felony? -2-10 years of confinement IN ADDITION TO A: -10,000 dollar fine What's the punishment for a SFJ? -180 days-2years of confinement IN ADDITION TO A: -10,000 dollar fine Proof of a culpable mental state is not required for conviction of an offense. T or F? True __________ is when a person UNLAWFULLY APPROPRIATES PROPERTY w/intent to deprive the owner of property w/out the owners effective consent Theft If the value of the property stolen is LESS THAN 100 dollars what is the charge? Class C misdemeanor If the value of the property stolen is 100 dollars OR MORE but LESS THAN 750 what is the charge? Class B misdemeanor If the value of the property stolen is 750 dollars OR MORE but LESS THAN 2,500 what is the charge? Class A misdemeanor If the value of the property stolen is 2,500 dollars OR MORE but LESS THAN 30,000 what is the charge? SJF What is the charge if a person intentionally or knowingly operates another's boat, airplane, or motor propelled vehicle w/out effective consent? SJF What is computation of age? Specified age on the day of the anniversary of his birthdate. How long can the barrel on a rifle be? Less than 16 in" How long can the barrel of a shotgun be? Less than 18 in" Any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 24 inches is considered a 'Short-Barrel Firearm'. (PC 46.01) a. True b. False False (LESS THAN 26 in") What's the age cutoff in regard to indecency with a child? 17 years or younger What is the charge for someone who is involved with a child who is younger than 17 years of age and either ENGAGES them or causes to engage them in SEXUAL ACTIVITY? 2nd degree felony What is the charge for someone who is involved with a child who is younger than 17 years of age and has the intent to arouse or gratify the sexual desire of any person? 3rd degree felony What's the charge when a person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the U.S. or state of TX? Class A misdemeanor When a person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the U.S. or state of TX what is it considered to be? Destruction of flag/Disorderly conduct ________________ is when a person intentionally or knowingly harms or threatens to harm another in retaliation due to their service status. Retaliation The offense for resisting arrest, search, or transportation is what? Class A misdemeanor What is the enhancement if a deadly weapon is used to resist arrest, search, or transportation? 3rd degree felony What is the offense for evading arrest? Class A misdemeanor What's the enhancement for EVADING ARREST if the actor has been PREVIOUSLY COMMITTED? SJF 6th The right to trial by jury in civil cases is apart of what amendment? 7th What amendment is this? -excessive bail, cruel and unusual punishment 8th What amendment is this? -All rights not enumerated are retained by the people 9th Powers not delegated to the federal government is retained by the states is apart of what amendment? 10th Which amendment gives due process and equal protection? 14th What term allowed peace officers to approach and ask questions of the person, but must recognize that the person can refuse to: identify themselves, cooperate, answer, and simply walk away? Consensual encounters What court case does this pertain to? Peace officers are free to approach and ask questions of the person, but must recognize that the person can refuse to: identify themselves, cooperate, answer, and simply walk away Florida V. Royer What are the 4 elements of arrest? -Intent -Authority -Actual seizure -Understanding _________ is the purpose/intention to take a person into custody Intent ___________ is when a peace officer is AUTHORIZED to arrest and is supported by probable cause Authority ___________ _________ is when a person is arrested and taken into custody by physical force or submission Actual Seizure _________________ means a person who is arrested must understand the officers intention to arrest. Understanding In relation to "The 4 elements of arrest" what court case states that peace officers must be able to articulate specific facts and circumstances to justify an arrest regarding "SUSPICIOUS PLACES" and "CIRCUMSTANCES"? Dyar V. State in relation to "The 4 elements of arrest" what court case states the ABSENCE OF EXIGENT CIRCUMSTANCES, a peace officer MAY not make a warrantless entry into a suspects home to make a routine felony arrest? Payton V. New York To whom should the authority of an arrest be made known to? Shall ALWAYS be made known to the ACCUSED Who's duties and powers require them To preserve the peace within the officers jurisdiction and shall use all lawful means? Peace officers What are these? -Protect any potential victim from family violence -Enforce the law of this state -Enforce a protective order from another jurisdiction and make lawful arrest of violators The primary duties of a peace officer dealing with family violence _____________ is based on how a person may approach something or someone Attitude _____________ is a group of people with common ancestry and physical characteristics Race ____________ is the judgement or opinion formed beforehand or without knowledge of or examination of the facts Prejudice when dealing with a family violence case the officer MAY do what? He MAY stay with the victim to ensure their safety When an officer stays with the victim of a family violence case is he civilly or criminally liable for an act or omission or for the wrongful appropriation of any personal property by the victim? Y or N? NO A peace officer MAY arrest, w/out warrant, a person the peace officer has probable cause to believe has committed an offense. T or F? False (He SHALL) Who's duties are these? -Protect any potential victim from family violence Robbery What are the elements of an aggravated robbery? 1. Causes S.B.I to another 2. Uses or exhibits a deadly weapon 3. Causes bodily injury or death if the person is: -65 or older -Disabled What is the offense for an aggravated robbery? 1st degree felony ____________ __________ is an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm Disabled person _____________ is an offense that is committed without the effective consent of the owner if the person: -enters a habitation or a building -remains concealed with the intent to commit a felony Burglary What are the elements of burglary? 1. Enters a habitation, or a building not then open to the public, with intent to commit a felony, theft, or an assault 2. Remains concealed, with intent to commit a felony 3. Enters a building or habitation and commits or attempts to commit a felony, theft, or an assault In relation to "Burglary" _________ means any part of the body or any physical object connected to the body that enters a building or habitation Enter In relation to a "Burglary" the offense under this section is what type of felony if committed in a BUILDING OTHER THAN A HABITATION? SJF In relation to a "Burglary" the offense under this section is what type of felony if committed in a habitation? 2nd degree felony In relation to a "Burglary" the offense under this section is what type of felony if the premises are a COMMERCIAL BUILDING in which a CONTROLLED SUBSTANCE is generally stored, including a PHARMACY, clinic, hospital etc.? 3rd degreed felony In relation to a "Burglary" the offense under this section is what type of felony if the premises are a HABITATION and ENTERED WITH the INTENT or attempted TO COMMIT a FELONY OTHER THAN a felony of THEFT? 1st degree felony What degree of felony is it when a person who abuses the use of another persons credit card? SJF What's the offense if the person who's credit card is abusively used is an elderly individual? 3rd degree felony _____________ ___________ is AN ACT amounting to more than mere preparation THAT TENDS BUT FAILS to effect the commission of the offense intended Criminal Attempt ____________ ___________ is when an individual agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense. Criminal Conspiracy __________ is an instrument that is specifically designed, made, or adapted for the purpose of inflicting S.B.I or death by striking a person with the instrument. Club What are considered to be "Clubs"? -Blackjack -Nightstick -Mace -Tomahawk _______________ __________ is any explosive or incendiary bomb, grenade, rocket, or mine. Can cause undue public alarm or terror. Explosive Weapon ___________ means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance Firearm ___________ means any firearm that is designed, made, or adapted to be fired with one hand. Handgun __________ ______________ _________ means a knife with a blade over 5 1/2 in" Location restricted knife How long is the blade of a location restricted knife? over 5 1/2 in" ________ means any bladed hand instrument that is capable of inflicting S.B.I or death by CUTTING or STABBING a person with the instrument Knife ____________ _______ means any firearm that is capable of shooting more than 2 shots automatically, without manual reloading, by a single function trigger Machine gun European Policing in America has its roots in European methods. This can be seen in such concepts as: -County -Sheriff -Common Law -English "bobby" foot patrol methods Which states generally had the "watch and ward" system? Northeastern states In relation to the "watch and ward" system what is watch considered to be? Nighttime policing In relation to the "watch and ward" system what is ward considered to be? Daytime policing As American policing developed in New York, Boston, and Philadelphia, an entire system of criminal justice began to experience _________________. Corruption How many Railroad Peace Officers can be appointed? 250 (CCP 2.121) A railroad peace officer MAY make an arrest and exercise all authority given to peace officers when necessary to prevent an offense involving injury to passengers/employees of the railroad T or F? True A railroad peace officer MAY not issue what? Traffic Citation A railroad peace officer is not entitled to state benefits. T or F? True A railroad company is liable for any act or omission by a person serving as a railroad peace officer. T or F? True What is this? Allows officers to enter the premises without warning to occupants...to protect officers from being shot if occupants are known to be armed or to prevent disposal of contraband. Purpose of a "no-knock" warrant What is this a disadvantage of? -Occupant may believe being attacked by home invaders and try to defend self Disadvantages of a "no-knock" warrant What is the offense level for smoking tobacco in a primary/secondary school or elevator, enclosed theaters, libraries etc? -Class C misdemeanor -No more than a 500 dollar fine When can an arrest be made? on any day or at any time of the day or night What are the characteristics of paramilitary style police organizational structure? -Authoritarian -Micromanagement -Chain of command What's the first thing an officer should do when having to make an arrest at a primary or secondary school? Be certain that the person is enrolled in that school If the person the officer has to arrest is enrolled into the primary or secondary school who SHALL the officer or agency notify? SHALL orally notify the superintendent When should the superintendent be notified that one of the students has been placed under arrest? Within 24 hours after the arrest is made or before the next school day What is it when a person refuses to give his name, residence address, or DOB to a peace officer. Also includes giving false info? Failure to identify In relation to "failure to identify" what is the charge? Class C misdemeanor What's the charge if a person intentionally gives a false or fictitious name, residence address, or DOB to a peace officer? Class B misdemeanor In relation to "continuing education for licenses" each training unit amounts to how many years? 2 years In relation to "continuing education for licenses" each training cycle amounts to how many years? 4 years In relation to "continuing education for licenses" how many hours of continuing education should an officer have? at least 40 hours of continuing education Peace officers who have not yet reached intermediate proficiency certification SHALL complete what? True What rules are these? 1. Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with. 2. The power to require bail is not to be used to make bail an instrument of oppression. 3. The nature of the offense and the circumstances under which the offense was committed are to be considered 4. The ability to make bail shall be considered, and proof may be taken on this 5. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. 6. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence shall be considered. 7. The citizenship status of the defendant shall be considered. Rules for setting the amount of bail What is this? • The mission of the Texas Commission on Law Enforcement, as a regulatory State agency, is to establish an enforce standards to ensure that the people of Texas are served by highly trained and ethical law enforcement, corrections, and telecommunications personnel. TCOLE mission statement _______________ means property of any nature, including real, personal, tangible, or intangible Contraband In relation to "aggravated robbery" what's the charge if a person causes any type of harm or threat to a person who is 65 or older or disabled? 1st degree felony A person is criminally responsible for an offense committed by the conduct of another if he causes or aids an innocent or non responsible person to engage in conduct prohibited. T or F? True In relation to "public intoxication" A person commits an offense if the person appears in a public place while intoxicated to the degree that the person MAY endanger the person or another. T or F? True In relation to "public intoxication" what's the offense? Class C misdemeanor Each district attorney SHALL represent the state in all criminal cases in the district courts of his district. T or F? True