TCOLE (Master Study Guide) | 1364 ACTUAL QUIZBANK QUESTIONS AND ANSWERS (100% VERIFIED ANS, Exams of Law

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TCOLE (Master Study Guide) | 1364 ACTUAL QUIZBANK (100% VERIFIED ANSWERS) That condition of the human organism that consists of its health and disease status and risk potential. - Answer✅ Wellness According to the Occupations Code, a person licensed as a peace officer must complete 40 hours of legislatively required continuing education training once every - Answer✅ 24 months According to Commission Rules, if a licensee's name is changed for any reason, such as marriage, divorce, or other court action, it must be reported to the Commission within _____ days - Answer✅ 30 days According to Commission Rules, if a current license holder is arrested for any offense above a Class C misdemeanor, the license holder shall report the facts of the arrest to the Commission in writing within - Answer✅ 30 days According to Commission Rules, the license of any licensee who does not meet the legislatively required continuing education by the expiration date will - Answer✅ Expire Which of the following is an advantage of having the professional model for law enforcement? - Answer✅ More effective problem solving techniques The expression or use of facts without distortion by personal feelings or prejudices is the definition of - Answer✅ Objectivity Investigations relating to the deprivation of civil rights under color of law are usually conducted by the - Answer✅ Federal Bureau of Investigation According to the Penal Code, a public servant acting under color of office or employment commits the offense of Official Oppression if the public servant - Answer✅ Intentionally subjects another to sexual harassment lly sub The Sixth Amendment to the U.S. Constitution - Answer✅ Gives the right to trial, open to the public Cruel and unusual punishment are prohibited by which amendment? - Answer✅ 8th According to the _____ Amendment of the U.S. Constitution, powers not specifically reserved to the federal government are reserved to the state government. - Answer✅ 10th According to the Code of Criminal Procedure, a _____ is an order issued by a judge directed to anyone having a person in their custody, commanding them to produce such person and show why they are in custody - Answer✅ Writ of habeas corpus Which court case affirmed a person's right to free speech? - Answer✅ Dural V. City of Douglas The 5th Amendment to the U.S. Constitution gives citizens the protection from_____. - Answer✅ Self-Incrimination The _____ Amendment limits the level of force that may be used to reasonable force. - Answer✅ 4th The primary components of the American Criminal Justice System are _____. - Answer✅ Police, courts, and correctional _____ is law that defines the personal and property rights of individuals. - Answer✅ Civil Law According to the Code of Criminal Procedure, which of the following is NOT a magistrate? - Answer✅ District Attorneys According to the Code of Criminal Procedure, which of the following are NOT Texas peace officers? - Answer✅ Special agents of Alcohol, Tobacco and Firearms According to the Code of Criminal Procedure, the Court of Criminal Appeals does NOT _____. - Answer✅ Review decisions of civil cases According to the Code of Criminal Procedure, the ______ courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars. - Answer✅ County According to the Code of Criminal Procedure, a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, including _____. - Answer✅ Giving written notice of a victim's legal rights According to the Code of Criminal Procedure, which of the following is NOT a use of force option for dispersing a riot? - Answer✅ Use any defree of force According to the Code of Criminal Procedure, an affidavit made before a magistrate charging the commission of an offense is called a/an_____. - Answer✅ Complaint _____ exists when the facts and circumstances known to the officer would warrant a prudent man believing that an offense has been committed. - Answer✅ Probable cause According to the Code of Criminal Procedure, what is the actual forcible detention of a person and other coercive measures to detain him within certain limits? - Answer✅ cONSTRUCTIVE CUSTODY Which U.S. Constitutional amendment is the primary focus of the Miranda v. Arizona case? - Answer✅ 5th According to the Code of Criminal Procedure, a citizen may, without a warrant, arrest an offender when the offense is committed within their view is a _____. - Answer✅ Felony According to the Code of Criminal Procedure, which of the following, occurring in the presence of an officer, requires an arrest, even without a warrant? - Answer✅ There is a person the officer has probable cause to believe is violating a protective order According to the Code of Criminal Procedure, a peace officer may break down the door of any house for the purpose of making an arrest if he has been refused admittance after giving notice of his authority and purpose under which of the following circumstances. - Answer✅ Felony The poisonous tree doctrine, which displays the notion that evidence obtained after illegal government action will be excluded from evidence, was affirmed in _____. - Answer✅ Wong Sun V. U.S. You can frisk if there is _____ that the suspect may be in possession of a weapon. - Answer✅ Reasonable fear When a search is conducted after a lawful arrest, within immediate control and contemporaneous with the arrest, the search is justified under _____ to lawful arrest. - Answer✅ incidental What is generally considered to be that area of open space surrounding a dwelling, which is so immediately adjacent to the dwelling that it is part of the house? - Answer✅ Curtilage According to the Penal Code, what is NOT part of the element of an offense? - Answer✅ admission of guilt According to the Penal Code, in the case of an "exception to an offense," the burden of proof lies with the _____. - Answer✅ Prosecuting attorney According to the Penal Code, a person acts _____, with respect to the nature of their conduct, when it is the conscious objective or desire to engage in the conduct or cause the result. - Answer✅ intentionally According to the Penal Code, a person is criminally responsible as a party to an offense if the offense is _____. - Answer✅ Committed by his own conduct According to the Penal Code, what is an affirmative defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the proscribed conduct? - Answer✅ Duress According to the Penal Code, a mistake of fact is _____. - Answer✅ A defense to prosecution According to the Penal Code, in order to prove a case of public intoxication, a person must ____. - Answer✅ Appear in a public place while intoxicated to a degree the person may endanger himself/herself or another A person is in the process of robbing a store when a customer enters and is shot and killed by the person. According to the Penal Code, what is the most serious offense committed? - Answer✅ Capital Murder A person abducts a child and demands a ransom for the child's release. The person gets scared and releases the child unharmed. According to the Penal Code, what is the most serious offense committed? - Answer✅ Aggravated kidnapping According to the Penal Code, what offense is committed when a person threatens to harm another, by an unlawful act, on account of their service as a witness or public servant? - Answer✅ Obstruction or retaliation A person causes an explosion with intent to destroy or damage, and is reckless about whether the explosion will endanger the life of some individual. According to the Penal Code, the person has committed the offense of _____. - Answer✅ Arson A person who, in the course of committing theft, intentionally, knowingly, or recklessly causes bodily injury to another, or places another in fear of imminent bodily injury or death, has committed what offense? - Answer✅ Robbery A person knowingly causes serious bodily injury to another in the course of committing theft. According to the Penal Code, what is the most serious offense committed? - Answer✅ Aggravated Robbery A person breaks into an attached garage, breaks into a vehicle parked in the garage, and steals a $1,500 computer from the back seat. According to the Penal Code, what is the most serious offense committed? - Answer✅ Burglary According to the Penal Code, a person commits the offense of theft if they _____ appropriate property with intent to deprive the owner of the property. - Answer✅ Unlawfully A person removes a $450 price tag from a retail item, replaces it with a $200 price tag and pays the lower price. According to the Penal Code, the person has committed the offense of _____. - Answer✅ Fraudulent destruction, removal, or concealment of writing A person steals a credit card with the intent to use it. According to the Penal Code, the person has committed the offense of _____. - Answer✅ Credit card abuse A person knowingly prevents a writ from being served in a civil case. According to the Penal Code, the person has committed the offense of _____. - Answer✅ Preventing execution of civil process A person enters the county commissioners' meeting and begins to shout obscenities. According to the Penal Code, that person has committed the offense of _____. - Answer✅ Disrupting meeting or procession According to the Penal Code, a person who knowingly solicits another to engage in sexual conduct with another person for compensation commits the offense of _____. - Answer✅ Promotion of prostitution According to the Penal Code, a person who intentionally operates or participates in the earnings of a gambling place has committed the offense of _____. - Answer✅ Gambling promotion According to the Penal Code, what is the definition of a deadly weapon? - Answer✅ Anything that, in its manner of intended use, is capable of causing serious bodily injury According to the Penal Code, all persons are presumed to be innocent, and no person may be convicted of an offense unless each element of the offense is proven _____. - Answer✅ Beyond a reasonable doubt According to the Penal Code, which of the following persons is NOT permitted to carry, on or about their person, a handgun? - Answer✅ A person carrying large sums of money A person intentionally or knowingly abducts another person with the intent to use them as a shield or hostage. According to the Penal Code, the person has committed the offense of ______. - Answer✅ Aggravated kidnapping A person intentionally or knowingly restrains another person. According to the Penal Code, the person has committed the offense of _____. - Answer✅ Unlawful restraint According to the Transportation Code, a temporary prohibition against driving a commercial motor vehicle is what type of order? - Answer✅ out or service . According to the Transportation Code, an operator approaching a railroad grade crossing shall stop if a railroad engine approaching within approximately _____ feet of the highway crossing emits a signal audible from that distance. - Answer✅ 1500 According to the Transportation Code, an operator emerging from an alley shall stop the vehicle _____. - Answer✅ Before moving on a sidewalk According to the Transportation Code, an operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle within how many feet of a fire hydrant? - Answer✅ 15 According to the Transportation Code, an operator giving hand signals shall give them from _____. - Answer✅ The left side of the vehicle . According to the Transportation Code, an operator may not drive at a speed greater than is reasonable and _____ under the circumstances existing - Answer✅ Prudent According to the Transportation Code, a vehicle equipped with hazard lamps to warn other vehicle operators of a vehicular traffic hazard shall have the lamps visible at a distance of at least _____ feet in normal sunlight. - Answer✅ 500 . According to the Transportation Code, a turn signal lamp mounted on the rear of a vehicle shall emit _____ light. - Answer✅ Red or amber According to the Transportation Code, unless expressly provided otherwise, a lighting device or reflector mounted on the rear of a vehicle must be or reflect _____. - Answer✅ Red According to the Transportation Code, an operator may not follow an ambulance closer than _____ when it is displaying headlights. - Answer✅ 500 feet . According to the Transportation Code, what is the minimum light transmission percentage allowable for window tinting? - Answer✅ 30 According to the Transportation Code, a motor vehicle is abandoned if the motor vehicle is inoperable, is more than 5 years old, and has been left unattended on public property for more than _____ hours. - Answer✅ 48 According to the Transportation Code, a buyer's temporary cardboard tags are valid for _____ days after the date of purchase. - Answer✅ 21 According to the Transportation Code, which of the following is a recognized way to establish the financial responsibility required for the operation of a motor vehicle? - Answer✅ Surety bond According to the Transportation Code, a _____ is the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular traffic. - Answer✅ Highway or street According to the Transportation Code, an operator moving around a rotary traffic island shall drive only to the _____ of the island. - Answer✅ Right . According to the Transportation Code, an operator passing another vehicle shall return to an authorized lane of travel before coming within _____ feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing. - Answer✅ 200 According to the Transportation Code, it is unlawful to operate an open bed pickup truck with a child younger than _____ in the open bed. - Answer✅ 18 According to the Transportation Code, an operator shall dim headlights when an approaching vehicle is within _____ feet. - Answer✅ 500 According to the Penal Code, sexual harassment is an element of which offense? - Answer✅ official oppression According to the Penal Code, _____ is failing to return to custody following a temporary leave for a specific purpose. - Answer✅ Escape Peace officers are granted the authority to use force by the Texas _____. - Answer✅ Penal Code . According to the Penal Code, deadly force is NOT justified to _____. - Answer✅ Prevent someone from committing suicide According to the Penal Code, an amount of force that is intended or known by the actor to cause, or in any manner of its use or intended use is capable of causing, death or serious bodily injury is ____. - Answer✅ Deadly force According to the Penal Code, the threat of force is justified only when _____. - Answer✅ The use of force is justified . According to the Penal Code, a person who uses force against another may be _____ liable, if the force is justified. - Answer✅ Civilly but not criminally According to the Penal Code, even though an actor is justified in using deadly force against another, if in doing so he recklessly kills an innocent third party, the justification is _____ in a prosecution for the reckless killing of the innocent third party. - Answer✅ Unavailable According to the Penal Code, the use of force, but not deadly force, against a child younger than _____ years of age is justified if the actor is the child's parent. - Answer✅ 18 . According to the Penal Code, a person is justified in using deadly force against another _____. - Answer✅ If a reasonable person in the actors situation would not have retreated . According to the Penal Code, the use of force against another when and to the degree they reasonably believe the force is immediately necessary to protect themselves against the other's use or attempted use of unlawful force, is justified as _____. - Answer✅ Self defense Handcuffs are only a _____ restraining device. - Answer✅ Temporary . One of the advantages of the rear approach to suspects is _____. - Answer✅ Surprise . When handcuffing two suspects together with one set of handcuffs, it is recommended to handcuff _____. - Answer✅ left hand to left hand The SARA problem solving method includes _____. - Answer✅ scanning According to the Transportation Code, the operator of an authorized emergency vehicle may exceed a maximum speed limit as long as the operator does not _____. - Answer✅ endanger life or property Fatigue poses a threat to safe driving by causing _____. - Answer✅ longer reaction time This is one of the most frequent contributors to law enforcement collisions. - Answer✅ backing _____ generally refers to groups of people with common ancestry and physical characteristics. - Answer✅ ethnicity . Having an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts is _____. - Answer✅ prejudice . _____ is an organized and relatively unchanging combination of a person's knowledge and feelings about someone, or something that influences him/her to behave in a certain way in regards to that person. - Answer✅ attitude According to the Health and Safety Code, a flammable material, an explosive, a radioactive material, a hazardous material, a toxic substance, or related material is the definition of _____. - Answer✅ hazardous material _____ is a route of exposure to hazardous material by being cut or abraded by a contaminated object. - Answer✅ injection One of the effects that a hazardous material event has on the environment is _____. - Answer✅ temporary damage to the water system . According to the Code of Criminal Procedure, what information should the arresting officer collect from a victim of family violence, at the time of arrest, to allow for an attempt to give personal notice to that victim of the imminent release of the accused offender? - Answer✅ address and telephone number Wet evidence such as bloodstains, semen, and mud must be _____. - Answer✅ allowed to dry before packaging . During the processing of a crime scene, what potential problem should be taken into consideration when determining how an area will be searched? - Answer✅ physical characteristics of the area to ve searched The first officer responding to an offense against a person should be observant of the _____ upon arrival at the scene. - Answer✅ persons and vehicles in the area _____ of witnesses is when witnesses, including officers, are ordered by the judge to leave the courtroom, stay close to the courtroom, and not discuss the case with other witnesses or jurors. - Answer✅ exclusion During the _____ examination the prosecutor elicits facts from the officer, who directs his testimony to the jury or judge. - Answer✅ direct The _____ sketch is useful when no camera is available. - Answer✅ perspective . In order to facilitate proper orientation of a crime scene sketch, _____. - Answer✅ an arrow pointing to the north must e present A/An _____ is the explanation of symbols used to identify objects in the sketch. - Answer✅ legend When conducting a crime scene search, a strip search is among the most effective for _____ searches. - Answer✅ outside . The object of a crime scene search is to locate physical evidence and to _____. - Answer✅ determine what crime was committed When a seriously injured victim is still conscious upon an officer's arrival, the officer should _____. - Answer✅ obtain proper identification of the victim Sexual assaults are acts of _____. - Answer✅ violence The standard used to determine the guilt or innocence of a person criminally charged is _____. - Answer✅ reasonable doubt . _____ includes all means by which an alleged fact is established or disproved. - Answer✅ evidence The legal significance of evidence rests in its influence on the _____. - Answer✅ jury The legal significance of evidence rests in its influence on the _____. - Answer✅ corpus delicti . The lawful search for people, land, or things useful in reconstructing the circumstances of an illegal act or omission and the mental state accompanying it is a/an _____. - Answer✅ criminal investigation 250. Examples of _____ are what you see, hear, or smell that indicates there may be criminal activity. - Answer✅ suspicion According to the Transportation Code, an "unmarked crosswalk" only exists _____. - Answer✅ At intersections According to the Transportation Code, a person has a disability if they have a/an _____ that substantially impairs the person's ability to ambulate. - Answer✅ Mobility Problem According to the Rules of Civil Procedure, the document that commands a sheriff or constable to take into their possession the property, if to be found in their county, and keep the same subject to further orders of the court, is known as a writ of _____. - Answer✅ Sequestration According to the Rules of Civil Procedure, a distress warrant may be filed with a _____. - Answer✅ Justice of the peace According to the Rules of Civil Procedure, a citation may normally be served on any day except a _____. - Answer✅ Sunday According to the Property Code, a writ instructing the tenant and all persons claiming under the tenant to leave the premises immediately is a writ of _____. - Answer✅ Possession According to the Alcoholic Beverage Code, a mixed beverage permittee may normally sell and offer for sale mixed beverages between the hours of _____ on any day except Sunday. - Answer✅ 7 a.m. and midnight According to the Health and Safety Code, 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 is classified as a/an _____. - Answer✅ Opiate According to the Health and Safety Code, inhalant paraphernalia seized as a result of an offense is subject to _____. - Answer✅ summary forfeiture The major classifications of drugs include narcotics, depressants, stimulants, and _____. - Answer✅ hallucinogens According to the Health and Safety Code, _____ means a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance. - Answer✅ immediate precursor According to the Family Code, the taking of a child into custody is not considered a/an _____ except for the purpose of determining the validity of a search. - Answer✅ arrest When may a child be fingerprinted when taken into custody? - Answer✅ for conduct that constitutes a felony or misdemeanor punishable by confinement in jail According to the Family Code, a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult is a _____. - Answer✅ status offender A peace officer taking a juvenile into custody may dispose of the case without referral to the juvenile court if _____. - Answer✅ the officer is following the guidelines of his her department According to the Family Code, the duty of a parent to support his or her child exists while the child is a/an _____. - Answer✅ unemancipated minor According to the Family Code, _____ means the adult with whom the child resides. - Answer✅ custodian According to the Family Code, a child may be detained in a juvenile processing office only for _____. - Answer✅ the issuance of warninigs to the child According to the Family Code, a child is defined as a person who is at least _____ years of age and under 17 years of age. - Answer✅ 10 Habitation includes all of the following except: - Answer✅ any structure or enclosure designed specifically and only for commercial use Effective consent means: - Answer✅ consent by a person legally authorized to act for the owner A person commits arson if they start a fire or explosion with the intent to destroy or damage a ______, ______, or _______. - Answer✅ habitation, building, vehicle, Habitation, building, vehicle f the pecuniary loss due to damage is less than $20, or causes substantial inconvenience to others, the offense is: - Answer✅ Criminal Mischief (Class C) What is the primary difference between robbery and theft? - Answer✅ the use or attempted use of force What type of entry is necessary in the offense of burglary? - Answer✅ the intrusion of any part of the body, or any physical object attached to the body John Holmes enters a residence without the effective consent of the owner to steal $75 worth of X-Rated video cassettes. What offense has Holmes committed? - Answer✅ Burglary (2nd degree felony) Which of the following is not a club? - Answer✅ A. blackjack B. nightstick C.tomahawk D.all of the above are considered a club A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with? - Answer✅ Unlawful Carrying Weapons A person agrees with one or more persons to commit a felony; plus an overt act by one or more of them in pursuance of the agreement is committed. This constitutes: - Answer✅ Criminal Conspiracy A person who intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse, may be charged with what grade of assault? - Answer✅ Misdemeanor (Class A) Which of the following is the lowest culpable mental state required if none is prescribed? - Answer✅ Recklessly Physical pain, illness, or any impairment of physical condition is the definition of which of the following terms? (According to section 1.07 of the Texas Penal Code) - Answer✅ Bodily injury A person commits an offense if, with intent to prevent or disrupt a lawful meeting, he obstructs or interferes with the meeting by physical action or verbal utterance. What offense has been committed? - Answer✅ Disrupting Meeting or Proceeding A person commits this offense if he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense. - Answer✅ Criminal Attempt Habitation includes all of the following except - Answer✅ any structure or enclosure designed specifically and only for commercial use Proof of a higher degree of culpability than that charged constitutes proof of the culpability needed for conviction of the offense charged. - Answer✅ T All persons are presumed to be innocent until proven guilty, and no person may be convicted of an offense unless each element of the offense is proven. The burden of proof required for a conviction is: - Answer✅ Proof beyond a reasonable doubt The form of criminal homicide normally occurring during a fit of blind rage or sudden passion is: - Answer✅ Murder A person who recklessly causes the death of an individual may be charged with: - Answer✅ Manslaughter Allan is drunk and driving a motor vehicle. He strikes Tiny Tim, killing Tim, as Tim is tiptoeing through the intersection of Tulip & Vine. Allan may be charged with: - Answer✅ Intoxication Manslaughter Which of the following would not constitute Capital Murder (assuming a person commits murder as defined in the Penal Code)? - Answer✅ Murder during the commission of felony criminal mischief Elwood Blues' brother, Jake, has a warrant out for his arrest for robbery. Elwood, being the good brother that he is, calls Jake at his girlfriend's home to warn him that the police are on their way over to arrest Jake. What offense, if any, has occurred? - Answer✅ Hindering Apprehension or Prosecution A person who pays a witness to go to Miami on the day the witness was legally summoned to court proceedings in Beaumont may be charged with: - Answer✅ Witness tampering It is a violation of the Penal Code to assist a person who is attempting to commit suicide? - Answer✅ true When a person causes the penetration of the anus or female sexual organ of another person who is not the spouse of the actor by any means, without that person's consent, they have committed the offense of: - Answer✅ Sexual assault A person who recklessly causes the death of an individual may be charged with: - Answer✅ manslaughter Joe abducts the son of the District Court judge. Joe calls the judge, the boy speaks with his daddy, then Joe says "Just think of what could happen if Harry Smith (Joe's brother) is convicted in your court." Joe then releases the boy unhurt at a church. The most serious offense is: - Answer✅ Agg kidnapping A person may not be convicted of any offense committed when younger than 15 years of age. - Answer✅ false A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with? - Answer✅ Unlawful Carrying Weapons A person commits this offense if he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense. - Answer✅ criminal attempt Mr. Bill decides to break into a hardware store. He forces his way into the building and begins to collect items he intends to take. Officer Hand arrives and captures Mr. Bill, who also has a handgun in his belt. Mr. Bill did not have the effective consent of the owner (Mr. Sluggo) to be in the store. The most serious offense Bill may be charged in court with is - Answer✅ Burglary (State Jail Felony) Short barrel firearm means a rifle with a barrel less than _______ inches or a shotgun barrel length of less than ________ inches. - Answer✅ 16/18 ____________________ means three or more persons having a common identifying sign or symbol, or who are regularly associated in the commission of criminal activities. - Answer✅ criminal street gang Mr. A decides to rob a store. Acting with intent to commit the offense, A points a pistol at the store owner and fires. The owner dies as a result of Mr. A shooting him. Mr. A may be charged with: - Answer✅ Capitol murder A person who fails to perform an act commits an offense if: - Answer✅ There was a statutory duty to act Which of the following statements is not correct about a "Criminal Episode". - Answer✅ A defendant found guilty in a consolidated prosecution will have the penalties set at the discretion of the presiding judge A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with? - Answer✅ Unlawful Carrying Weapons If the pecuniary loss due to damage is less than $20, or causes substantial inconvenience to others, the offense is: - Answer✅ Criminal Mischief (Class C) Which of the following is not a prohibited weapon? - Answer✅ illegal knife A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence causes serious bodily injury, disfigurement, or bodily injury to a child ______ years of age or younger. - Answer✅ 14 Which one of the following is not an element of proof for the offense of murder? - Answer✅ causing the death of an individual in sudden passion arising from adequate cause A person acts __________ if with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. - Answer✅ intentionally All crimes must have an actus reus (act) and mens reus (mental state) - Answer✅ True A person has committed the offense of _________ if he intentionally causes bodily injury to a person he knows is a peace officer who is effecting an arrest or search. - Answer✅ assault Which of the following is not one of the prepatory offenses - Answer✅ Criminal responsibility Bob pats Sweet Thing on the rump. Bob knows she might be a little offended but is surprised when she slaps him silly. Bob's actions might result in what charge being filed (Sweet Thing suffered no pain or injury). - Answer✅ Assault class c If the loss due to theft is less than $500 but $20 or more, the grade of theft would be: - Answer✅ Class B Misdemeanor C.B. knowingly carries on the front seat of his car a switch blade knife. C.B. should be charged with - Answer✅ Possession of Prohibited Weapon physical fitness - Answer✅ (1.1.1) The condition of the body that enables an individual to use his or her body in activities requiring strength, muscular endurance, cardiovascular endurance, flexibility, coordination, agility power, balance, speed, and accuracy, without undue experience of fatigue and exhaustion is the definition of Wellness - Answer✅ (1.1.1) That condition of the human organism that consists of its health and disease status and risk potential. Wellness - Answer✅ (1.1.1) ______________ is defined by TCLEOSE as that condition of the human organism that consists of its health and disease status and risk potential. There are varying degrees of wellness, ranging from death to optimal well being. Genuine health is not just the absence of disease or infirmity, it is a state of positive well being. It induces the physical, mental, spiritual, and social emotional dimensions of life. Total well being translates into the practice of positive lifestyle behaviors and good health habits. Functional and health related fitness; and motor fitness - Answer✅ Physical fitness can be divided into two categories which are Functional/health related - Answer✅ Specifically, in regards to the "two categories of physical fitness" which of the following is more important? Death - Answer✅ Wellness ranges from optimum health to.. Regular Exercise and Proper Nutrition - Answer✅ The BPOC list the following six specific factors that make up the "Wellness Pyramid." Which of the following factors make up the foundation on which the Wellness Pyramid is built? Self-Responsibility - Answer✅ The BPOC list the following six specific factors that make up the "Wellness Pyramid." Which of the factors make up the "cap" that holds down all the other areas in the pyramid? Frequency, Intensity, Time, and Type - Answer✅ In the BPOC, "FITT" is the acronym for a set of guidelines to assist in incorporating the exercise guidelines to a personal fitness program. Which of the following are the set of guidelines that correctly match this acronym? Stress - Answer✅ (1.3.1) The BPOC defines "________" as the natural reaction of the mind and body to a demand placed on it - pleasant o unpleasant. Eustress - Answer✅ (1.3.1) The BPOC defines "_________" as a stressor that is perceived as positive such as a promotion, getting married or achieving an accomplishment. Distress - Answer✅ (1.3.1) The BPOC describes "_________" as a stressor that is perceived as negative such as an injury, illness, divorce or being fired. Chronic stress - Answer✅ (1.3.1) "_____________" is defined as prolonged unrelieved stress also called cumulative stress. Prolonged unrelieved wear and tear results from too many demands. An extreme example of this is burnout when a person loses energy and interest because of unrelieved stress. Critical Incident Stress - Answer✅ (1.3.1) The BPOC uses the acronym "CIS". What does this stand for? CIS - Answer✅ (1.3.1) "_______" is incident specific. This is heavy-duty stress that causes psychological and physical discomfort for 2 days to 1 month. It is considered "normal" response to an abnormal extreme situation. True - Answer✅ (1.3.1) Post traumatic stress disorder (PTSD) creates major distress & long lasting disruptive changes in person's life. This is not "normal" stress and may need professional help. Is this True or False? Stressor - Answer✅ (1.3.2) A "_______" is defined by the BPOC as a demand, real or imagined, that disrupts a person's equilibrium and initiates the stress response. Critical Incident Stress (CIS) - Answer✅ (1.5.2) "__________" is defined by the BPOC as a traumatic event that causes a strong emotional reaction which has the potential to interfere with an individual's ability to function at the scene or later. The incident temporarily disrupts your everyday life, forces you to face death, your vulnerability, pain, severe loss, or horror (i.e. a shooting, use of force incident, heart attack or catastrophic illness.) Denial, Anger, Bargaining, Depression, and Acceptance. - Answer✅ (1.5.2) The BPOC list five specific "phases of transition" that persons who experience traumatic events typically go through; i.e., a police shooting. What are the phases of transition in the correct order? Post, Traumatic, Stress, Disorder - Answer✅ (1.5.2) The BPOC uses the acronym "PTSD" to stand for... True - Answer✅ (1.5.2) Symptoms in PTSD are similar to Critical Stress Disorder but are more severe and persist after 1 month after the incident. Is this True or False? False - Answer✅ (1.6.1) Men attempt suicide more often, women are more likely to complete suicide. Is this True or False? 300 - Answer✅ (1.6.1) According to law enforcement statistics furnished by the BPOC, an average of 69 law enforcement officers died feloniously in the U.S each year during the 1990's but police suicides averaged more than ______ per year during that same decade. B. Must be a U.S. Citizen - Answer✅ (2.1.4) Which one of the following is a minimum standard to be permanently licensed as a peace officer in Texas? (TCLEOSE Rule 217.1) A. Must be a Texas resident for at least 6 months. B. Must be a U.S. Citizen C. Has never been convicted of a Class "C" Misdemeanor D. Must have at least Bachelor's degree in criminal justice C. All persons must hold a high school diploma or have passed a general educational development (GED) test indicating high school graduation level. - Answer✅ (2.1.4) Which of the following statements is true concerning TCLEOSE Rule's for "minimum" educational requirement for becoming a peace officer in Texas provided the person attends a regular Basic Peace Officer Course taught at a Police Training Academy? (Rule 217.1) A. All persons must have at least a Bachelor's Degree. B. All persons must have at least an AAS Degree in Criminal Justice. C. All persons must hold a high school diploma or have passed a general educational development (GED) test indicating high school graduation level. D. All persons must have at least four years of active military service and be honorably discharged.. All persons must have at least an Associate's Degree. - Answer✅ (2.1.4) Which of the following statements is true concerning TCLEOSE Rule's for "minimum" educational requirement for becoming a peace officer in Texas provided the person attends an Academic Alternative to the Basic Peace Officer Course taught at a TCLEOSE approved program at a college (For example ACC)? (Rule 217.1) A. All persons must have at least a Bachelor's Degree. B. All persons must have at least an Associate's Degree. C. All persons must have an honorable discharge from the military. D. Person must have at least four years of active military service and be honorably discharged. D. All persons must have been subjected to a background investigation and has been interviewed prior to appointment by representatives of the appointing authority. - Answer✅ (2.1.4) Which of the following is a minimum standard to be permanently licensed as a peace office in Texas? (Rule 217.1) A. All persons must have at least a Bachelor's Degree B. All persons must have at least an AAS Degree in Criminal Justice C. All persons must have at least two years of active military service. D. All persons must have been subjected to a background investigation and has been interviewed prior to appointment by representatives of the appointing authority. 24 Months - Answer✅ (2.1.4) Part of the legislatively required peace officer training must include the curricula and learning objectives developed by the commission, to include supervision issues for each peace officer appointed to their first supervisory position, this training must be completed within_____ months following the date of appointment as a supervisor. (Rule 217.11) 40, 24 - Answer✅ (2.1.4) The legislatively required continuing education program for individual's licensed as peace officers shall consist of ______ hours of training every _______ month unit of a training cycle. (Rule 217.11) Deputy Constable - Answer✅ (2.1.4) In addition to other training requirement, each ______________ is required to complete a 20 hour course of training in civil process during each current training cycle. (Rule 217.11) May - Answer✅ (2.1.4) According to TCLEOSE Rules, the commission ______ take disciplinary action against a licensee for failure to complete the appropriate training within a training cycle. (Rule 217.11) 20 - Answer✅ (2.1.4) In addition to other training requirements, each deputy constable is required to complete a _____ hour course of training in civil process during each current training cycle. (Rule 217.11) 24 - Answer✅ (2.1.4) Part of the legislatively required peace officer training must include the curricula and learning objectives developed by the commission, to include "Supervision Issues" for each peace officer appointed to their first supervisory position, this training must be completed within ________ months following the date of appointment as a supervisor. (Rule 217.11) 40, 24 - Answer✅ (2.1.4) TCLEOSE Rules require that individuals appointed as peace officers shall complete at least _____ hours of continuing education training and must complete a training and education program that covers recent changes to the laws of this state and of the United States pertaining to peace officers every ____ month unit of a training cycle. (TCLEOSE Rule 217.11 (a) ) 2nd - Answer✅ (2.1.4) TCLEOSE Rule 2.17.11 states that, "a newly appointed or elected police chief shall complete the initial training program for new chiefs not later than the _____ anniversary of that individual's appointment or election as chief." True - Answer✅ 61. (2.1.4) TCLEOSE Rule 219.1 states that, "an eligible examinee will be allowed three opportunities to pass the examination. If an individual is dismissed from an exam for cheating, any remaining attempts are invalidated and the basic licensing course must be repeated." Is this True or False? True - Answer✅ (2.1.4) Based TCLEOSE Rule 219.1, After three failures, the examinee must repeat the basic licensing course for the license sought. The academic alternative program may not be repeated. Is this True or False? 1 - Answer✅ (2.1.4) An agency that employs at least ______ peace officers must comply with the annual firearm proficiency requirements. (Rule 217.21) 70%, 50, 5 - Answer✅ (2.1.4) The annual firearms proficiency requirement for handguns must include a minimum passing percentage of _____% with a minimum firing of _______ rounds, including at least _____rounds of duty ammunition. (Rule 217.21) 5, 15 - Answer✅ (2.1.4) The minimum standards for the annual firearms proficiency course of fire for shotguns shall be a minimum of _____rounds of duty ammunition fired at a range of at least _____ yards. (Rule 217.21) 20, 90 - Answer✅ (2.1.4) The minimum standards for the annual firearms proficiency course of fire for precision rifles shall be a minimum of _____ rounds of duty ammunition fired at a range of at least 100 yards; however an agency may, in its discretion, allow a range of less than 100 yards but not less than 50 yards if the minimum passing percentage is raised to ______ percent. (Rule 217.21) Patrol Rifles - Answer✅ (2.1.4) The minimum standards for the annual firearms proficiency course of fire for __________shall be a minimum of 30 rounds of duty ammunition fired at a range of at least 50 yards, including at least one timed reload; however, an agency may, in its discretion, allow a range of less than 50 yards but not less than 10 yards if the minimum passing percentage is raised to 90. (Rule 217.21) 30, 10, 25 - Answer✅ (2.1.4) The minimum standards for the annual firearms proficiency course of fire for fully automatic weapons is a minimum of _____ rounds of duty ammunition fired at ranges from seven to ______ yards, including at least one time reload, with at least ______ rounds fired in full automatic (shot burst of two or three rounds), and at least five rounds fired semi-automatic, if possible with the weapon. (Rule 217.21) 70 - Answer✅ (2.1.4) The minimum passing percentage shall be at least _____ for each firearm qualification unless otherwise stated in TCLEOSE Rules. (Rule 217.21) A Commission Rule - Answer✅ (2.1.4) The Texas Occupation Code, Section 1701.501 gives TCLEOSE the authority to revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of: Traditional Police Service Model of Law Enforcement - Answer✅ (2.1.5) Based on the BPOC, most of the workload of patrol officers and detectives under the " __________________ "consists of handling crimes that have already been committed, disturbances in progress, traffic violations , and such . Exceptions include crime prevention and narcotics investigations. This model of law enforcement relies on limited information, mostly from victims, witnesses, and suspects. Focus tends to be on one "incident" which is resolved before moving to the next "incident". 242 - Answer✅ (3.3.2) United States Code (USC) _________ deals with "Deprivation of Rights Under Color of law." Imprisonment for any term of years or life. - Answer✅ (3.3.2) The maximum imprisonment authorized by law for a violation of USC 242 is... Sexual harassment - Answer✅ (3.3.3) In the Penal Code the definition of "_____________" would include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly. Writ of Habeas Corpus - Answer✅ (4.1.2) "______________________" is the name given to a variety of writs, with the objective of bringing a party before a court or judge. The primary function is to release from unlawful imprisonment. The purpose of the writ is not to determine prisoner's guilt or innocence, and the only issue which it presents is whether prisoner is restrained of his liberty by due process. Writ of Habeas Corpus - Answer✅ (4.1.2) The CCP defines "____________" as an order issued by a judge directed to anyone having a person in their custody, commanding them to produce such person and show why they are in custody. Writ of Habeas Corpus - Answer✅ (4.1.2) The writ that is filed that seeks release from unlawful detention is called__________________. A Writ of Habeas Corpus - Answer✅ (4.1.2) When a sheriff or other person holding an individual in jail or prison receives a/an ______________ from a proper court, he or she must bring the detained person before the court and show just cause why the individual is being held in custody. A. In cases of rebellion or invasion when the public safety requires it. - Answer✅ (4.1.2) Based on the U.S. Constitution, the Writ of Habeas Corpus may be suspended in which of the following two conditions? A. In cases of rebellion or invasion when the public safety requires it. B. In cases of invasion or when ordered by the Commander of U.S Armed Forces. C. In cases of war or when there is a level "Red" terroristic threat. D. Never. Under the U.S Constitution the Writ of Habeas Corpus may never be suspended. Provides procedure for election of President and Vice-president of the U.S. - Answer✅ (4.1.3) Article 2 of the U.S. Constitution.... Provides for the establishment and jurisdiction of the U.S. Supreme Court. - Answer✅ (4.1.3) Article 3 of the U.S. Constitution Treason - Answer✅ (4.1.3) Article 3 of the U.S. Constitution gives "__________" as the only crime to be found in the constitution. Freedom of Religion, Press, and Speech. - Answer✅ (4.1.4) The First Amendment... B. Duran v. City of Douglas AZ. - Answer✅ (4.1.4) Which of the following court cases deals with freedom of speech? A. Weeks v. United States B. Duran v. City of Douglas AZ. C. Chimel v. California D. Tennessee v. Garner Fourth Amendment - Answer✅ (4.1.5) The right to be free from unreasonable searches and seizures is found in the... Fourth - Answer✅ (4.1.5) The ______ Amendment has been interpreted to limit the level of force that may be used by law enforcement to reasonable force. (See Tennessee v. Garner) B. Tennessee v. Garner - Answer✅ (4.1.5) Which of the following U.S. Supreme Court cases has been interpreted to limit the level of force that may be used by law enforcement to reasonable force? A. Miranda v. Arizona B. Tennessee v. Garner C. Mapp v. Ohio D. Brown v. Texas Tennessee v. Garner - Answer✅ (4.1.5) An area of increasing interest in recent history is under what circumstances police are allowed to use deadly force in order to arrest a fleeing felon. In the U.S. Supreme Court case "_______________", the Court announced that using deadly force to apprehend a suspect constitutes a "seizure" and is therefore protected under the Fourth Amendment. Protects citizens from unreasonable searches and seizures - Answer✅ (4.1.5) The Fourth Amendment to the Constitution... Fifth Amendment - Answer✅ (4.1.6) The right to be free from double jeopardy is found in the... Fifth Amendment - Answer✅ (4.1.6) The _____ Amendment guarantees the right to a grand jury, prohibits double jeopardy, prohibits self-incrimination, and requires that the system must follow due-process-of-law guidelines. Self-incrimination - Answer✅ (4.1.6) The 5th Amendment to the U.S. Constitution gives citizens the protection from __________. Five - Answer✅ (4.1.6) Right to indictment for a capital or otherwise infamous crime is found in Amendment # ________. Five - Answer✅ (4.1.6) Amendment # ______ protects a citizen from being required to be a witness against themselves in a criminal case. Five - Answer✅ (4.1.6) Amendment # ______ protects a citizen's private property from being taken for public use without just compensation. Fifth and Fourteenth - Answer✅ (4.1.6) The requirement that the government must act in accordance with due process of law is contained in which two amendments to the U.S. Constitution? Fifth Amendment - Answer✅ The "Miranda" warning generally is related to which Constitutional amendment? Sixth Amendment - Answer✅ (4.1.7) Which Amendment to the U.S. Constitution gives citizens the right to an attorney during criminal proceedings? Sixth Amendment - Answer✅ (4.1.7) According to the ______________ the accused shall enjoy the right to a speedy and public trial. Gives the right to trial, open to the public - Answer✅ (4.1.7) The Sixth Amendment to the U.S. Constitution __________. Sixth Amendment - Answer✅ (4.1.7) Which Amendment requires that the accused have a right to be confronted with witnesses against him? Eighth Amendment - Answer✅ (4.1.8) The right to be free from excessive bail and cruel and unusual punishment is contained in the Ten - Answer✅ (4.1.9) Amendment # _____ states, "The enumeration in the Constitution, of certain rights, should not be construed to deny or disparage others retained by the people." Ten - Answer✅ (4.1.10) Amendment # _______ states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people." Due process of law - Answer✅ (4.1.11) The Fourteenth Amendment to the Constitution guarantees: Police, courts, and corrections - Answer✅ (4.3.1) The "Criminal Justice System" structure includes three major components... Official Misconduct - Answer✅ (4.3.4) CCP Art. 3.04 defines "____________" as 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. Court of Criminal Appeals - Answer✅ (4.3.4) A person has been found guilty of "Capital Murder" by a state district court in Texas and has been sentenced to the death penalty. What would be the first Texas appellate court that this case could be appealed to? Courts of Appeals - Answer✅ (4.3.4) A person has been found guilty of "Capital Murder" by a state district court in Texas and has been sentenced to life without parole. What would be the first Texas appellate court that this case could be appealed to? Attitude - Answer✅ (5.1.1) "____________" is a mental position based on a person's knowledge, feelings, and experiences about someone or something influencing him/her to behave in a certain way in regard to that person or thing. Race - Answer✅ (5.1.1) "___________" generally refers to groups of people with common ancestry and physical characteristics. Ethnicity - Answer✅ (5.1.1) "___________" refers to shared culture and background. Members of one of these groups usually have a common ancestry and generally share language, religion, and other cultural patterns. Prejudice - Answer✅ (5.1.1)"__________________" is an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts. Ethnocentrism - Answer✅ (5.1.1)"________________" 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. Culture - Answer✅ (5.1.1) "____________" is a way of thinking and acting based on tradition; i.e., learned behavior passed down from one generation to another. Discrimination - Answer✅ (5.1.1) "_____________" is acting on the basis of prejudice. Scape-goating - Answer✅ (5.1.1) Finding someone else to blame for one's own problems and misfortunes is known as C. As a member of the group, the individual believes he is entitled to exclusive or prior rights in a certain area. - Answer✅ (5.1.1) Which of the following was specifically given by the BPOC as a basic feeling or attitude harbored by most "prejudiced" persons? A. Feeling of inferiority B. Feels that all people are equal. C. As a member of the group, the individual believes he is entitled to exclusive or prior rights in a certain area. D. None of the above C. "To insure a trial with as little delay as is consistent with the ends of justice." - Answer✅ (6.1.1) In CCP 1.03 several specific "objectives" are listed for the code. Which of the following were listed? A. "To adopt "Community Policing" techniques to improve community relations." B. "To provide the best counsel possible for defendants." C. "To insure a trial with as little delay as is consistent with the ends of justice." D. "To insure that the defendant gets a partial trial." A. In Texas a person charged with a felony has a right to be indicted by a grand jury. - Answer✅ (6.1.2) Which of the following statements is true concerning the grand jury? A. In Texas a person charged with a felony has a right to be indicted by a grand jury. B. The defendant has a constitutional right to be represented by an attorney at the grand jury. C. The proceedings are public. D. All of the above statements are true. An adversarial judicial proceeding. - Answer✅ (6.1.2) Under the CCP, a defendant in a criminal matter is entitled to be represented by counsel in ___________ . Inside the chambers of a grand jury room while the grand jury is conducting proceedings. - Answer✅ (6.1.2) Under CCP 20.011, a defendant in a criminal matter is not entitled to be represented by counsel: C. The proceedings are secret. - Answer✅ (6.1.2) According to CCP 20.02, which of the following statements is true concerning the grand jury? A. In Texas a person charged with a "Class A Misdemeanor" has a right to be indicted by a grand jury. B. The defendant has a constitutional right to be represented by an attorney inside the chambers of the grand jury. C. The proceedings are secret. D. The defendant has an absolute right to appear before the grand jury. Indigent - Answer✅ (6.1.2) According to CCP Art. 1.051 (b), "_______________" means a person who is not financially able to employ counsel. The attorney representing the State, in writing and in open court, consents to the waiver. - Answer✅ (6.1.2) In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if... Of any offense, other than a capital felony. - Answer✅ (6.1.2) A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment... On the person's confession in open court or the testimony of two witnesses to the same overt act. - Answer✅ (6.1.2) Under the CCP, no person shall be convicted of treason except under the following two conditions: Treason, felony, or breach of the peace - Answer✅ (6.1.2) Senators and Representatives shall, except in cases of _____________be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing for one day for every twenty miles such member may reside from the place at which the Legislature is convened. A. Justice of the peace - Answer✅ (6.2.1) Which of the following officials would be classed as being a "magistrate" under Texas Law? A. Justice of the peace B. District Attorney C. Chief of Police D. Sheriff D. State Attorney General - Answer✅ (6.2.1) Which of the following is not a magistrate in Texas? A. Texas Supreme Court Judges B. Municipal Court Judges C. Courts of Appeals Judges D. State Attorney General A. Mayor - Answer✅ (6.2.1) Which of the following officials would be classed as being a "magistrate" under Texas Law? A. Mayor B. Medical examiner C. Sheriff D. FBI Agent B. Officer commissioned by a Water Control and Improvement District. - Answer✅ (6.2.2) Which of the following is listed as a peace officer in the CCP? A. Mayor B. Officer commissioned by a Water Control and Improvement District. C. Justice of the Peace D. Secret Service Agent B. Investigators employed by the Texas Racing Commission. - Answer✅ (6.2.2) Which of the following is listed as a Texas peace officer in the CCP? A. FBI Agent. B. Investigators employed by the Texas Racing Commission. C. Arizona State police officer D. Justice of the Peace Page 6 Slide 1 Deadly Force - Answer✅ Is defined as force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing death or serious bodily injury. Page 6 Slide 1 Excessive Force - Answer✅ That force utilized by police officers which is "clearly excessive to the need." Page 6 Slide 2 Summary Judgement - Answer✅ A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. Page 6 Slide 3 Qualified Immunity - Answer✅ Police officers performing a discretionary function enjoy an immunity that shields them from liability in federal court for civil damages. Page 6 Slide 3 Qualified Immunity can be null and void if - Answer✅ the officers' conduct violates a federal statutory or constitutional right the right was clearly established at the time ofthe conduct an objectively reasonable officer would have understood that the conduct violated that right Page 6 Slide 3 It is the_burden to overcome qualified immunity - Answer✅ Plaintiff's Page 7 Slide 2 Official Immunity is the_to "qualified immunity." - Answer✅ State's answer Page 7 Slide 2 The burden is on the_to establish "official immunity" in state court - Answer✅ Officer Page 7 Slide 3 To obtain summary judgement on the basis of official immunity, an officer must establish he was - Answer✅ Performing discretioary duties Within scope of his authority acting in good faith If an officer is given qualified immunity in federal court, the court always grants immunity from any state claims named in the suit. T/F - Answer✅ False The plaintiff may initiate_civil rights claims in_court. - Answer✅ federal state The state (APD) has _ day to remove a suit to federal court - Answer✅ 30 Page 8 Slide 2 State Civil Trials During State Court it may be preferred by civilian plaintiffs when police are defendants... - Answer✅ That there is a Travis County judge/jury pool Verdict rule is 5/6 jurors Appealed to Texas Supreme Court Page 8 Slide 2 State Civil Trials Unless the suit outlines a constiutional violation, there is a cap of_per person or_per incident._max liability for individual officers. - Answer✅ 250,000 500,000 100,000 Page 8 Slide 3 Federal Trials During Federal Court it may be preferred by police defendants... - Answer✅ Jury pool drawn from a much broader area, to include Hayes, Williamson, Lee, Bastrop and Caldwell Vedicts must be unanimous Appeals go to the U.S 5th Circuit No cap What are the legal Authorities for the Use of Force? - Answer✅ Federal Constitution (4th,8th and 14th amendement) State Criminal Laws State Civil Laws Department Policies What are citizens' remedies regarding police use-of-force? - Answer✅ Federal laws State Criminal Laws(Texas Penal Code, CCP) State Civil Laws (Texas Tort Claims Act, Texas Wrongful death act) Possible things that can happen to you because use of excessive or improper force? - Answer✅ State criminal action Internal Disciplinary action State tort Civil Action Federal Civil Action Compensatory Damages - Answer✅ Monetary award which purpose is to compensate the victim for actual financial loss. Punitive Damages - Answer✅ Damages meant to punish, deter, or make an example of the individual officer. Must be shown that the act was done with malice, gross negligence, or callous indifference Injunctive Relief - Answer✅ Court order to cease or engage in a particular course of action. Some Types of Damages awarded in court include... - Answer✅ Compensatory, Punitive and Injuctive Relief Contributory negligence - Answer✅ the government shows the plaintiff was also negligent and contributed to their own injury or damage. No money award is granted if his defense is successful. Comparative negligence - Answer✅ the court decides on a percentage split in terms of who is negligent. Assumption of risk - Answer✅ the court decides that the suspect engaged in behaviors that assumed the risk of damages or injuries, and cannot expect to sue the police to recover. Some defenses Law enforcement has to liability are... - Answer✅ Contributory negligence, Comparative negligence and Assumption risk Who is the lead federal agency for investigating color of law abuses? - Answer✅ FBI Working under "Color of Law" means - Answer✅ Performing actions as a law enforcement agent Force as defined by Black's Law... - Answer✅ Power, violence, or pressure directed against a person or thing. Force defined as a noun is... - Answer✅ Strength or energy brought to bear, cause of motion or change, active power, moral or mental strength, capacity to persuade or convince. Violence, compulsion, or constraint exerted upon person or thing The qDeuality of conveying impressions intensely in writing or speech. Force defined as a verb is... - Answer✅ To do violence to; To compel by physical, moral, or intellectual means; To make or cause through natural or logical necessity; To achieve or win by strength in a struggle or violence; An aggressive act committed by any person which does not amount to assault, and is necessary to accomplish an objective. Deadly Force is defined by the Penal Code 9.01 as... - Answer✅ Force that is intended or known by the actor to cause, or in the manner of it's use or intended use is capable of causing death or serious bodily injury. Reasonable Force is Defined by black law as... - Answer✅ Force that is not excessive and that is appropriate for protecting oneself or one's property. The use of reasonable force will not render a person criminally or toruously liable. PC 9.34 Protection of Life or Health A person is justified in using force, but not_, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself. - Answer✅ deadly force PC 9.34 Protection of Life or Health A person is justified in using both force and deadly force against another when and to the degree he reasonably belives the force or deadly force is immediately necessary to_the other's life in an_ - Answer✅ Perserve emergency PC 9.41 Protection of One's Own Property A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor_the force is immediately necessary to_or_the other trespass on the land or unlawful interference with the property - Answer✅ reasonably believes prevent terminate PC 9.42 Deadly Force to Protect Property A person is justified in using deadly Force against another to protect land or tangible, movable property to prevent the others imminent commission or arson, burglary, robbery, aggravated robbery, theft during the - Answer✅ night time, or criminal mischief during the night time or to prevent the other who is fleeing from those crimes during the night time; the land or property cannot be protected or recovered by any other means PC 9.43 Protection of Third Person's property A person is justified in using force or deadly force to protect a third party property if - Answer✅ the actor believes that the third person has requested his protection of the land or property; he has a legal duty to protect the thir person's land or property; the third person whose land or propety he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actors' care. P.C 9.61 Parent-Child The use of force, but_, against a child younger than_years old is justified. - Answer✅ not deadly force 18 P.C 9.61 Parent-Child Loco Parentis includes... - Answer✅ grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child and anyone who has express or implied consent of the parent or parents. P.C 9.62 Educator-Student The use of force but not deadly force, against a person is justified - Answer✅ if the actor is entrusted with the care, supervision, or adminstration of the person for a special purpose; and when and to the the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group Custody means - Answer✅ under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States or Under restraint by an agent or employee of a facility that is operated by or under contract with the united Statest and that confines persons arrested for, charged with, or convicted of criminal offenses Escape means - Answer✅ unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parloe other than conditions that impose a period of confinement in a secure correctional facility. P.C 9.52 Prevention of Escape from Custody It is justified to use_,including_,the he reasonably believes to be immediately necessary to prevent the escape of a person form the correctional facility - Answer✅ any force deadly force P.C 9.53 Maintaining Security in Correctional Facility An officer or employee of a correctional facility is justified in using_against a person in custody to_the security of the correctional facility. - Answer✅ force maintain Defensive is defined as - Answer✅ Serving to protect and devoted to resisting or preventing aggression or attack In physical arrest, the police role is essentially - Answer✅ Defensive Most of an officer's problems grow out of the use of_employed against a_but_violator - Answer✅ necessary force combative unarmed Concept of Control Control is that degree of_the officer must exert over the_to take him or her safely into custody - Answer✅ influence violator What is the goal of force? - Answer✅ To Gain Control Control is a_. An officer must be in_to be able to control a violator - Answer✅ two way street complete self-control Self-control is a great asset in dealing with a violator and results from the development of_in one's skills - Answer✅ confidence Self control is achieved through_and_both on the job and off - Answer✅ training practice The objective of using control is to_from the violator - Answer✅ elicit cooperation Tools used to maintain a psychological and physical edge... - Answer✅ Demonstrated alertness Be emotionally in control Personal apperance and bearing If possible, maintain a height advantage Triangle interview Be over an arms length from subject Be prepared to step back Talking vs Fighting Arrest can be both an_and_for the officer and arrestee - Answer✅ emotional physical problem Emotions, Attitudes, and Prejudices _or_can lead to conflict - Answer✅ Attitudes prejudices Emotions, Attitudes, and Prejudices An officer has the_to_and_associated with physical arrest if she/he if firm but fair with the violator - Answer✅ potential reduce the problem and danger Emotions, Attitudes, and Prejudices Emotional responses are often the direct result of_ - Answer✅ uncertainity Emotions, Attitudes, and Prejudices Compensating behavior mmay take one of the following forms; - Answer✅ hesitation, verbal abuse, bluff, unnecessary force Use of Force Factors Only the_amount of force necessary to effecct the arrest should be used - Answer✅ minimum An officer should consider what factors when assessing the need to use force? - Answer✅ Is the suspect submitting peacefully or resisting? Is the suspect armed? What is the nature of the crime? Does the suspect have a previous arrest record or history showing a pattern of violence? What is the number of suspects involved? How much support from other officers is avalable?...These are all questions that should be asked when_ - Answer✅ Assessing the need to use force What are moral considerations and forces affecting an officers decision to use deadly force? - Answer✅ The law, both statutory and case law and Adminstrative or department policy. Ineffective control results when the level of force is_the subject's level of resistance. - Answer✅ Less Than Excessive control results when the level of force is_the level reasonable. - Answer✅ Unreasonable greater The force should be_a reasonable officer would use under the_of the situation - Answer✅ no greater than totality of the circumstances Officers must be able to respond to the possible change in the_.The victime/suspects_could change toward the officer. - Answer✅ dynamics of the scene actions People act differently under different_, and officers' entrances into a scene create_ set of_. - Answer✅ circumstances new circumstances _of an officer's duties involve verbal skills - Answer✅ 97% only about _ of contacts require physical force - Answer✅ 3% Force Options Professional Presence - Answer✅ Entering into a scene Force Options Verbal Communications - Answer✅ Words, language Force Options Weaponless strategies - Answer✅ takedowns, come a longs, etc Force Options Weapons Strategies - Answer✅ Chemical/Electrical Means(mace,stun gun); Baton or Impact Weapons Force Options Deadly Force - Answer✅ Firearm Example of Force Options - Answer✅ Professional Presence Verbal Communications Weaponless strategies Deadly Force Elements of Communication include - Answer✅ Content, Voice and non verbal _of the time a message is received due to content - Answer✅ 7% _of the time a message is received due to voice - Answer✅ 33% _of the time a message is recieved due to non-verbal(body language) - Answer✅ 60% Communication is a_ - Answer✅ professional skill,not just luck. Elements that an officer Must recognize and control in every encounter includes - Answer✅ Problem, Audience, Constraints, Ethical Presence What are some helpful tools used in redirecting someone's behavior using verbal persuasion - Answer✅ Listen,Empathize and ask What are some types of verbal appeals - Answer✅ Ethical Appeal, Rational Appeal, Practical Appeal, Personal Appeal Words are no longer Working... - Answer✅ When a person threatens bodily harm to an officer or the general public, and officers control is comprised. Some examples of when words are no longer working are... - Answer✅ When a suspect begins walking or running away, or when a person escapes from custody. When an officer is forced to repeat the same words or ideas over and over, the officer should conclude that the person is not being persuaded When repeated refusal by a person to comply with a reasonable request constitutes a need for more than words When a person is unreceptive to alternatives after repeated appeals What are the different levels of awareness - Answer✅ Condition White Condition Yelllow Condition Orange Condition Red Condition Black No preception of danger defines what condition of awareness - Answer✅ White Relaxed Awareness defines what condition of awareness - Answer✅ Yellow On alert defines what condition of awareness - Answer✅ Orange Combat ready defines what condition of awareness - Answer✅ Red psychological shutdown defines what condition of awareness - Answer✅ Black Police Stress Some causes of police stress include - Answer✅ High level of stressful calls Post shooting trauma Isolation Bringing personal problems to work Police Stress What are some methods you can use to control stress? - Answer✅ Remain calm Appear strong and confident Don't let them push your buttons Speak clearly with your response or commands Life is_of what happens to you and_of how you deal with it - Answer✅ 10% and 90% Harrasment of a Public Servant is what level offense - Answer✅ Felony 3rd Degree What are some ways to restrained a spitting suspect.. - Answer✅ Try to use spitting mask or suspect shirt Use a palm/forearm strike to deflect spitting and redirecting face The act of spitting at an officer is an_ - Answer✅ assault To use Deadly force, the subject must show - Answer✅ intent weapon delivery system Federal Civil rights complaints are investigated by_ - Answer✅ FBI FBI look for clearly offensive,_and_misconduct - Answer✅ deliberate willful There is no good faith defense for_ - Answer✅ criminal violations Objective reasonableness is determined by_ - Answer✅ the officer's ability to articulate the facts and circumstances Ward and Watch System - Answer✅ Ward - Daytime Watch - Nightime Common in northeastern states, but failed in Texas due to large territory and absence of large cities/urban areas. 1900's to 1940's - Answer✅ The use of the automobile provided a more rapid response to police calls for service. The advent of radio communications allowed calls for service to be dispatched to officers in the field. Many officers were reassigned from walking beats to radio cars. The assignment of officers from walking beats initiated the distancing of the police from the individual citizens through increased mobility. 1900's to 1940's - Answer✅ The police performance level increased due to rapid response, while actual communications with citizens decreased. Residence Districts - Answer✅ means the territory, other than a business district, adjacent to and including a highway, if at least 300 feet of the highway frontage is primarily improved with: (A) residences; or (B) buildings used for business purposes and residences. Sec. 547.002. APPLICABILITY. - Answer✅ Unless a provision is specifically made applicable, this chapter and the rules of the department adopted under this chapter do not apply to: (1) an implement of husbandry; (2) road machinery; 3) a road roller; (4) a farm tractor;(5) a bicycle, a bicyclist, or bicycle equipment; (6) an electric bicycle, an electric bicyclist, or electric bicycle equipment; or (7) a golf cart that is operated only as authorized by Section 551.403. Sec. 547.303. COLOR REQUIREMENTS. - Answer✅ (a) Unless expressly provided otherwise, a lighting device or reflector mounted on the rear of a vehicle must be or reflect red. (b) A signaling device mounted on the rear of a vehicle may be red, amber, or yellow. Sec. 547.305. RESTRICTIONS ON USE OF LIGHTS. - Answer✅ (a) A motor vehicle lamp or illuminating device, other than a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle or school bus warning lamp, that projects a beam with an intensity brighter than 300 candlepower shall be directed so that no part of the high- intensity portion of the beam strikes the roadway at a distance of more than 75 feet from the vehicle. Sec. 547.321. HEADLAMPS REQUIRED. - Answer✅ (a) A motor vehicle shall be equipped with at least two headlamps. (b) At least one headlamp shall be mounted on each side of the front of the vehicle. (c) Each headlamp shall be mounted at a height from 24 to 54 inches. Sec. 547.322. TAILLAMPS REQUIRED. - Answer✅ at least two taillamps. unless model year 1960 then one taillamp. (c) Taillamps shall be mounted on the rear of the vehicle: (1) at a height from 15 to 72 inches; and red light plainly visible at a distance of 1,000 feet from the rear of the vehicle. A taillamp emit a white light that illuminates the rear license plate at a distance of 50 feet Sec. 547.323. STOPLAMPS REQUIRED. - Answer✅ at least two stoplamps unless model year 1960 then one stoplamp. mounted on the rear of the vehicle emit a red or amber light, or a color between red and amber, that is: visible in normal sunlight at a distance of at least 300 feet from the rear, displayed when the vehicle service brake is applied. Sec. 547.324. TURN SIGNAL LAMPS REQUIRED. - Answer✅ turn signal lamps that indicate the operator's intent to turn by displaying flashing lights to the front and rear of a vehicle--shall be mounted at the same level and spaced as widely apart as practicable on the front and on the rear of the vehicle; and shall emit a white or amber light, or a color between white and amber, at the front of the vehicle and a red or amber light, or a color between red and amber, if on the rear of the vehicle. Visible from at least 500 feet from the front and rear of the vehicle if the vehicle is at least 80 inches wide; and at least 300 feet from the front and rear of the vehicle if the vehicle is less than 80 inches wide. Turning on Curve or Crest of grade. 545.102 - Answer✅ When making a u-turn the operator may not make the turn if his vehicle is not visible from 500 feet in either direction to an operator of an approaching vehicle. House Trailor - Answer✅ Trailer or semi-trailer other than a towable RV and is less than 40 feet in length Light Truck - Answer✅ A truck including a Pickup truck with a carrying capacity of 2000 pounds or less Moped - Answer✅ Motor driven cycle that goes less than 30 mph and engine has 50 cc or less displacement and doesn't require shifting of the gears. Motorcylcle - Answer✅ Vehicle equiped with a saddle and not more than 3 wheels on the ground. Motor-driven cycle - Answer✅ Has engine displacement 250 cc or less Motor vehicle - Answer✅ Self propelled vehicle or electric vehicle powered by overhead trolley wires. Passenger Car - Answer✅ Vehicle other than a motorcycle to transport 10 or fewer passengers including the operator. Pole Trailor - Answer✅ A vehicle without motive power. Drawn by another vehicle and secured to the other vehicle by a pole. Road Tractor - Answer✅ Vehicle designed and used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicles load. School Activity Bus - Answer✅ A bus designed to accommodate more than 15 passengers including the operator to and from school activities. Term does not include a chartered bus. Semitrailer - Answer✅ With or without motive power other than a pole trailer. Constructed so than part of its load rest on or is carried by another vehicle. Special Mobile Equipment - Answer✅ Not designed to transport passengers. Term includes Ditch digging apparatus, road construction and maintenance machinery, ect. Trailer - Answer✅ Vehicle other than a pole trailer with or without motive power. Constructed so that no part of the vehicles weight rest on the motor vehicle. Truck - Answer✅ Vehicle designed to transport property. Truck Tractor - Answer✅ Vehicle designed to to draw another vehicle but NOT constructed to carry a load other that a part of the weight of the other vehicle and its load. Vehicle - Answer✅ A Device that can be used to transport or draw persons or property on a highway. Does not include stationary rails or tracks. General Penalty [TC 542.401] - Answer✅ A person convicted of an offense that is a misdemeanor under this subtitle for which another penalty is not provided shall be punished by a fine of not less than $1 or more than $200 Obedience Required to Police Officers and to School Crossing Guards [TC 542.501] - Answer✅ A person may not willfully fail or refuse to comply with a lawful order or direction of a police officer or a school crossing guard traffic - Answer✅ pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel freeway - Answer✅ divided, controlled-access highway for through traffic freeway main lane - Answer✅ freeway lane having an uninterrupted flow through traffic highway or street - Answer✅ width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel improved shoulder - Answer✅ paved shoulder laned roadway - Answer✅ roadway that is divided into at least two clearly marked lanes for vehicular travel Park or Parking - Answer✅ to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers stand or standing - Answer✅ to halt an occupied or unoccupied vehicle, other than temporarity while receiving or discharging passengers stop or stopping - Answer✅ (A) when required, to completely cease movement; and (B) when prohibited, to halt, including momentarily halting, an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic control sign or signal Safety Belts Offense - Answer✅ A person commits than offense if the person is at least 15 years of age, is riding in a passenger vehicle while the vehicle is being operated; is occupying a seat that is equipped with a safety belt; and allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt. Auxiliary passing lamps - Answer✅ A motor vehicle may be equipped with no more than two auxiliary passing lamps. Mounted on front at height from 24 to 42 inches. Auxiliary driving lamps permitted - Answer✅ A motor vehicle may be equipped with no more than two auxiliary driving lamps. Mounted on front at height from 16 to 42 inches. Hazard lamps permitted - Answer✅ Lamps to warn other vehicle operators of a vehicular traffic hazard. Mounted same level on front and rear. Visibility 500 feet in normal sunlight. White or amber light mounted on front, and red and amber mounted on rear. Other lamps permitted - Answer✅ A motor vehicle may be equipped with NOT more than two side cowl or fender lamps; amber and white light without glare. Not more than two running board courtesy lamps, one on each side of vehicle; amber and white light without glare. Multiple-beam lighting required - Answer✅ A combination of lamps mounted on a motor vehicle, other than motorcycle or motor-driven cycle: shall be arrranged so that the operator can select at will between distibutions of light projected at different elevations. Obstructed lights on combination vehicles - Answer✅ A motor vehicle when operated in combination with another vehicle is NOT required to display a lighted lamp, other than a tail lamp, if the lamp is obscured by another vehicle. Lighting equipment on projecting loads - Answer✅ A vehicle transporting a load that extends beyond the vehicle's sides or more than four feet beyond the vehicle's rear shall display red flags that: are at least 12 inch squares, mark the extremities of the load, and are placed where a lamp is required. Lighting requirements on parked vehicles - Answer✅ Shall be equipped with at least one lamp; emits white or amber light visible at a distance of 1,000 feet from the front and a red light visible at a distance of 1,000 feet from the rear. Display lights not required at night if sufficient light to reveal a person or vehicle on the highway at a distance of 1,000 feet. Brakes required - Answer✅ A motor vehicle, trailer, semitrailer, pole trailer, or combination of those vehicles shall be equipped with brakes. Trailer, semitrailer, or pole trailer, are not required to have brakes if: gross weight is 4,500 pounds or less, or gross weight is heavier than 4,500 pounds but not heavier than 15,000 pounds drawn at speeds no more than 30mph. 547.605 Emission Systems Required - Answer✅ A motor vehicle, of a model year after 1967, shall be equipped with an emissions system. Must be in good working order. Offense committed when vehicle emits visible smoke for 10 seconds or longer or a cloud of smoke which takes longer than 10 seconds to dissipate. 547.613 Restrictions on Windows - Answer✅ Materials applied or attached to windows must not obstruct operator's view. Material cannot alter the color or reduce light transmission. Does not apply to windshields with a light transmission of 25% or more or a luminous reflectance of 25% or less AND that is not red, blue, or amber. Also, does not apply if it does not extend downward beyond the AS-1 line or more than 5 inches from the top of the windshield. 547.703 Additional equipment for slow moving vehicles - Answer✅ Must display a slow moving vehicle emblem w/ a reflective surface designed to be visible in daylight or night from the light of standard automobile headlamps at a distance of at least 500 ft. Must be mounted on the rear of a vehicle at a height from 3 to 5 ft above road surface. Golf cart operated at a speed of less than 25 mph is required to display emblem when operated on a public highway. 547.801 Motorcycle Lighting Equipment - Answer✅ Not more than 2 headlamps mounted at a height of 24-54 inches, at least one of which must be illuminated during anytime of operation. At least one taillamp mounted at a height of 20-72 inches. Illuminated rear license plate. At least one stop lamp. At least one rear red reflector (may be included as part of taillamp). Motorcycle headlamp must be multi-beam- highbeam revealing person/vehicle at least 300 ft ahead, low beam at least 150 ft. A Motordriven cycle must at least have a single beam light revealing person/vehicle at a distance of 100ft when operated at speeds less than 25mph; 200 ft when 25mph or more; 300 ft when 35mph or more. Supervisor must receive training within - Answer✅ 24 months after the date of appointment Mack strikes Sam in the head while booking him into jail because Sam insults Mack's family heritage. What crime has occurred by Mack? - Answer✅ Official Oppression, Class A Misd. TC 545.302 - Stopping Standing or parking prohibited in certain places: between a safety zone and a curb or within ___________ of a place on the curb immediately opposite the ends of a safety zone, unless the governing body of a municipality designates a different length by sign or markings. - Answer✅ 30 feet The Sixth Amendment to the Constitution establishes - Answer✅ the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor to have the Assistance of Counsel for his defense. Personal Injury means - Answer✅ an injury to any part of the human body and that requires treatment (traffic code). TC 541.201 Truck Tractor means a motor vehicle designed and used primarily to draw another vehicle - Answer✅ but not constructed to carry a load other than a part of the weight of the other vehicle and its load. Shotgun legal length limit - Answer✅ <18 inches 10.3.2 TCLEOSE: A sheriff or officer who receives a subpoena and fails from neglect to execute the document may be subject to a maximum fine of - Answer✅ $200 Turn signal lamps in normal sunlight must be able to be seen from - Answer✅ 500 feet Lawsuit to contest election of political official should be in _______ court. - Answer✅ district A report of child abuse may not be filed with - Answer✅ the family physician Tanker endorsement on a CDL is - Answer✅ N Mirrors must allow a view of - Answer✅ 200 feet failed to document and take corrective action for prior similar acts of misconduct. - Answer✅ Shaw v. Stroud A Harris County Deputy Sheriff was present during the beating of a burglary suspect, who was in custody, by a county constable that resulted in the man's death. The court held that the deputy was guilty of Violation of Civil Rights of Prisioner. - Answer✅ Gordon v. State ____________________ established that pointing a gun to a suspects head during an investigation can be a 4th amendment violation when the suspect poses no threat or danger. - Answer✅ Robinson v. Solano County This case established that government officials that perform discretionary functions have qualified immunity if their conduct does not violate clearly established rights of which a reasonable officer would have known. Requires an affirmative defense. - Answer✅ Okonkwo v. Fernandez Established that confessions obtained under threat of removal from office could not be used in subsequent criminal proceedings. - Answer✅ Garrity v. New Jersey Established a two step approach to civil law suits. 1. Establish if there was a constitutional violation. 2. Determine if police officer has qualified immunity. If the police action falls within the gray area, immunity should be given. - Answer✅ Saucier v. Katz Addresses the Saucier v. Katz gray area to allow courts to look at what case and state law allowed at the time the police officer actions occurred. - Answer✅ Brosseau v. Haugen Expectation of Privacy - Answer✅ Katz vs. US (Katz Call) A persons right to privacy exists when 1. a person exhibits actual expectation of privacy (subjective) and 2. The expectation must be one that society is willing to accept as reasonable. (objective) Terry v. Ohio - Answer✅ Landmark ruling that a police officer can detain without arrest, and frisk for officer safety when there is reasonable suspicion that a crime is about to be committed. Court rules that detention is a seizure, and frisk is a search, but is allowable since they are temporary and limited in scope, respectively. Brower v. Inyo County - Answer✅ Seizure occurs when government termination of a person's movement is effected through means intentionally applied. California v. Hodari - Answer✅ In order for a seizure to have occurred there must either be some application of physical force, even if extremely slight, or a show of authority to which the subject yields. Exclusionary Rule - Answer✅ Mapp v. Ohio: Supreme court decision set the judicially established rule that prohibits the use of tangible evidence obtained in violation of the 4th amendment in court. (Tangible: you can touch a map) Fruit of the Poisonous Tree - Answer✅ Wong Sun vs. US established that intangible evidence obtained after illegal government action will also be excluded from evidence. This includes physical/tangible as well as intangibles such as subsequent confessions, admissions, identifications, and testimony obtained as a result of the initial unlawful act. (Intangible: You can't touch the sun). "good faith" exception - Answer✅ US vs. Leon says that the exclusionary rule should be modified so as not to bar the admission of evidence seized in reasonable, good-faith reliance on a search warrant that was subsequently held to be defective. (Upheld in Herring vs. US) "plain view" doctrine - Answer✅ The rule, from the Supreme Court decision in Harris v. U.S, that anything a police officer sees in plain view, when that officer has the right to be where he or she is, is not the product of a search and is therefore admissible as evidence. So with plain view you can seize the item without a warrant. Definition of plain view: Object falling in plain view of officer who has the right to be in position to have that view are subject to seizure without a warrant and may be introduced in evidence. Miranda v. Arizona - Answer✅ The Supreme Court ruling that the guarantee of due process requires that suspects in the police custody be informed that they have the right to remain silent, that anything they say be be used against them, and that they have the right to counsel--before any questioning can permissibly take place. 5th Amend. If a subject is in custody and interrogation is going to take place, Miranda Warning/Rights are required to be recited. protective sweep doctrine - Answer✅ The rule that when police officers execute an arrest on or outside private premises, they may conduct an examination of the entire premises, without warrant, for other persons whose presence may pose a danger to their safety or to evidence capable of being removed or destroyed. judicial review - Answer✅ the questioning of police investigation and apprehension that are subject to procedural rules dictated by law and constitutional rights. Standing - Answer✅ The right of a person to complain in court about hte lawfulness of a police action (arrest, detention, search, frisk) Berguis v. Thompkins - Answer✅ A defendant's invocation of his right to silence must be unambiguous (without question). Suspect should have affirmatively invoked his right to remain silent. Montejo v. Louisiana - Answer✅ No reason to distinguish, for the purposes of a suspect waiving their rights, a represented individual from an unrepresented one (no attorney). For each a Miranda warning adequately inform the individual of their right to counsel. Binding Authority - Answer✅ Court case law that must be taken into account (set by a court in the appellate chain for the court it binds). Persuasive Authority - Answer✅ Court case law that may be taken into effect (from same level court, or a court not in the same circuit/region/district). Stare Decisis - Answer✅ When a point of law has been settled by decision of the highest court of the state the decision becomes the law of the state, and shall not be departed from. Oregon v. Haas - Answer✅ A state is free to impose greater restrictions on police than those of federal constitutional standards. Heitman v. Texas - Answer✅ The court of criminal appeals will not be bound by the US Supreme Court when addressing 4th amendment issues. The federal constitution sets the floor for individual rights; state constitutions establish the ceiling. Ramirez v. Texas - Answer✅ May constitute custody: "physically derived of freedom of action in any significant way" or "When a law-enforcement officer tells the subject he cannot leave" US v. Mendenhall - Answer✅ to determine whether an arrest has taken place, a court will apply an objective standard, focusing on the reasonable impression conveyed to the person subjected to the apprehension and detention. In this respect, the inquiry is whether, in the view of all the circumstances surrounding the encounter a reasonable person would have believed that he was not free to leave. Rhodes v. Texas - Answer✅ Handcuffing of suspect during detention for safety was reasonable and justified and did not convert to arrest. Stansbury v. CA - Answer✅ traffic stop doesn't constitute custody for Miranda purposes. However noncustodial custody can turn into custodial custody because the situation escalates. Consider Intent, Authority, Seize and detain, understanding of the individual being arrested. The mere denial of intent to arrest by the officer will usually be insufficient. Florida v. Royer - Answer✅ Consensual Encounters okay -- says LEOs don't violate the 4th amendment by merely approaching an individual on the street or in another public place by asking them if they are willing to answer some questions. Must be voluntary. Crain v. Texas - Answer✅ The nature and tone of the way the officers talks to the person matters in whether the interaction is a consensual encounter. Hurtado v. Texas - Answer✅ Originally stopped because tag came back with possible warrant for driver. It wasn't the driver, but court said stop was good and subsequent cocaine discovery was prosecuted. Hoag v. State - Answer✅ Mere suspicion that criminal activity is afoot is insufficient to justify a Terry stop; facts must support reasonable suspicion that: 3 Prong Test: 1. Reasonable suspicion that some activity out of the ordinary is or has taken place. 2. Some connection of the detained with the suspicious activity. 3. Some indication the suspicious activity is related to a specific offense. Gordon v. State - Answer✅ Can not cuff someone and place them in car while executing a search of their house Florida v. J.L. - Answer✅ Call for service alone does not justify detention Minnesota v. Dickerson - Answer✅ Plain Feel: Must be there legally, must immediately recognize contraband, & must not manipulate Chimel v. California - Answer✅ Incident to arrest an officer may search the person and the "area within the immediate control" U.S. v. Edwards - Answer✅ Allows the search of arrested individuals away from the scene of arrest U.S. v. Robinson - Answer✅ Scope of the search of a person incident to arrest is for evidence of a crime, means of escape, & weapons U.S. v. Chadwick - Answer✅ subject incident to arrest has to take place at the time & place of arrest Lippert v. TX - Answer✅ Being close to others does not alone give PC to search you US v. Finley - Answer✅ Can search a phone for recent calls & text messages Carroll v. US - Answer✅ Do not need a warrant to search a vehicle b/c it being "readily mobile" constitutes exigent circumstances. California v. Acevedo - Answer✅ If searching an auto w/ PC you may search contents including locked containers US v. McSween - Answer✅ The smell of marijuana gives PC to search US v. Reed - Answer✅ Because a vehicle smells like marijuana does not necessarily mean a person smells like marijuana Wyoming v. Houghton - Answer✅ If searching a vehicle w/ PC you may search all containers in the vehicle, regardless of who the owner is New York v. Belton - Answer✅ Search of a vehicle incident to arrest is limited to the passenger compartment and includes any containers inside Arizona v. Gant - Answer✅ Police may only search a vehicle incident to arrest if: The arrestee might access the vehicle @ the time of search, or the vehicle contains evidence of the offense he was arrested for. Knowles v. Iowa - Answer✅ May not search incident to citation, a custody arrest must occur Michigan v. Long - Answer✅ Allows protective search of a vehicle Florida v. Jimeno - Answer✅ The scope of a suspect's consent is that of "objective reasonableness" based on the conversation between the officer and the suspect US v. Garcia - Answer✅ The search of hidden compartments during a consent search is reasonable Colorado v. Bertine - Answer✅ Officers may open closed containers during inventory In Accordance W/ standard police procedures Florida v. Wells - Answer✅ Inventory must not be a ruse for a general rummaging US v. Bonner - Answer✅ All passengers are also detained in a traffic stop Arizona v. Johnson - Answer✅ In order to frisk driver or passenger in a traffic stop you must have RS that the person is armed and dangerous St. George v. TX - Answer✅ Says you need RS to question (other than consensual questioning) passengers during a traffic stop Hester v. US - Answer✅ Open field doctrine; authorizes open field searches w/o warrant Payton v. New York - Answer✅ W/o exigent circumstances you can not enter a house unless you have a warrant Illinois v. MacArthur - Answer✅ You can secure a person's home while waiting for a search warrant Warden v. Hayden - Answer✅ May enter a place for the purpose of search and seizure if you are in fresh pursuit of a fleeing felon US v. Howard - Answer✅ Factors determining if police manufactured exigency: 1. Bad faith 2. Did police intend to create exigency 3. Were LE tactics reasonable in the circumstances Wilson v. Arkansas - Answer✅ Knock & announce requirement could be waved for threat of violence or possible destruction of evidence Richards v. Wisconsin - Answer✅ Officers need to articulate individual reasons for knock & announce waiver US v. Banks - Answer✅ No knock & announce may create damage, but it may also be necessary to prevent destruction of evidence Muehler v. Mena - Answer✅ When executing a dangerous search warrant officers may handcuff individuals present until the persons pose no danger to officers US v. Matlock - Answer✅ If an authorized person who is present gives consent, anyone else who has authority must be present to refuse consent Bumper v. NC - Answer✅ You may not falsely tell someone you have a warrant in order to get consent CA v. Greenwood - Answer✅ Garbage left out outside the curtlage does not exhibit an expectation of privacy and may be searched There is only one crime defined dine in the U.S. Constitution. What is it? - Answer✅ treason one of the major differences between the Federal Bill of Rights and the State of Texas Bill of Rights is - Answer✅ Texas has a section on the commitment of persons of unsound mind An example of unreasonable seizure as defined in the 4th Amendment to the constitution would be the case of - Answer✅ Tennessee vs. Texas An example of the 5th Amendment right to protection against self-incrimination is the case of - Answer✅ Miranda vs. Arizona The following is NOT protected by the 6th Amendment to the Constitution - Answer✅ double jeopardy The 8th Amendment to the Constitution guarantees - Answer✅ right against cruel or unusually punishment The following rights is not defined by the8th Amendment to the Constitution - Answer✅ freedom of the press 3. the peace officer may use only the force which is necessary to prevent the commission of the offense and not greater 4. it is the peace officer's duty to prevent person from injuring himself The following is NOT a true statement regarding Art. 6.06 of the Code of Criminal Procedure, Prevention of Injury - Answer✅ the officer need not protect the property of the spouse since this is community property TCLEOSE requires continuing education with in ___ months for peace officers or their license will be suspended. - Answer✅ TCLEOSE requires continuing education with in ___ months for peace officers or their license will be suspended. 24 Constables have to take extra classes after certification on ______ __________. - Answer✅ Constables have to take extra classes after certification on ______ __________. CIVIL PROCESS What is the number of rounds that TCLOSE mandates be fired for qualification? - Answer✅ What is the number of rounds that TCLOSE mandates be fired for qualification? 50 A person who sprays his youth logo across the exterior wall of a local busines could be charged with ______. - Answer✅ A person who sprays his youth logo across the exterior wall of a local busines could be charged with ______. GRAFFITTI What is metal cased with a spring and a follower that holds shells? - Answer✅ What is metal cased with a spring and a follower that holds shells? MAGAZINE When loading a shot gun, what prtect the shell after loading? - Answer✅ When loading a shot gun, what prtect the shell after loading? BREECH A train must be at least ______ feet from an intersection when it makes it's first audible alert? - Answer✅ A train must be at least ______ feet from an intersection when it makes it's first audible alert? 1500 What is the charge for smoking in an elevator. - Answer✅ What is the charge for smoking in an elevator. SMOKING TOBACCO Strategies of defense mechanics of an arrest / weaponless strategies: - Answer✅ Strategies of defense mechanics of an arrest / weaponless strategies: TOUCHING On a curve, you cannot pass another vehicle within ____ feet. - Answer✅ On a curve, you cannot pass another vehicle within ____ feet. 300 The acronym for Scanning, Analysis, Response and Assessment is SARAH. T or F? - Answer✅ The acronym for Scanning, Analysis, Response and Assessment is SARAH. T or F? FALSE Delinquent behavior is when __ or more days are missed in six months or 3 or more days in four weeks. - Answer✅ Delinquent behavior is when __ or more days are missed in six months or 3 or more days in four weeks. 10 A supervisor has an ____________ to stop unnecessary force by a police officer(s). - Answer✅ A supervisor has an ____________ to stop unnecessary force by a police officer(s). AFFIRMATIVE DUTY Who has the right to prevent theft? - Answer✅ Who has the right to prevent theft? ANYONE What is not a traffic condition? - Answer✅ What is not a traffic condition? AN ACCIDENT Being cut or agraded by a contaminated object is called what? - Answer✅ Being cut or agraded by a contaminated object is called what? INJECTION Hazard lights and turn signals are required to be visible from at least ____ feet. - Answer✅ Hazard lights and turn signals are required to be visible from at least ____ feet. 500 Stiffing of the body starting at the neck and lower jaw and proceeds downward is called ____________. - Answer✅ Stiffing of the body starting at the neck and lower jaw and proceeds downward is called ____________. RIGOR MORTIS Peace Officers may finger print or photograph a juvinile if conduct constitutes a felony offense or a misdemeanor offense above a class C misdemeanor. T or F ? - Answer✅ Peace Officers may finger print or photograph a juvinile if conduct constitutes a felony offense or a misdemeanor offense above a class C misdemeanor. T or F ? TRUE _______ court has orginal jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice of the peace court. - Answer✅ _______ court has orginal jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice of the peace court. COUNTY Taillights of a vehicle must be ____ in color and must be visible _____ feet away. - Answer✅ Taillights of a vehicle must be ____ in color and must be visible _____ feet away. RED IN COLOR AND VISIBLE 1000 FEET AWAY 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 is the definition of __________. - Answer✅ 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 is the definition of __________. The landmark case in stop and frisk was which? - Answer✅ The landmark case in stop and frisk was which? TERRY vs OHIO Protective order is good for ___ years. - Answer✅ Protective order is good for ___ years. 2 YRS What term best describes a dangerous drug? - Answer✅ What term best describes a dangerous drug? PRESCRIPTION DRUG The ability to search the area within arms reach arose from what case? - Answer✅ The ability to search the area within arms reach arose from what case? CHIMMEL vs CALIFORNIA Right to an attorney arose from what court case law? - Answer✅ Right to an attorney arose from what court case law? MIRANDA vs ARIZONA When parking you must be at least ____ feet from a yield sign? - Answer✅ When parking you must be at least ____ feet from a yield sign? 20 FEET 1925 case relating to the searching of the trunk area of a vehicle is which case? - Answer✅ 1925 case relating to the searching of the trunk area of a vehicle is which case? CARROLL vs U.S. Who founded the metropolitan police department? - Answer✅ Who founded the metropolitan police department? SIR ROBERT PEEL The Texas Rangers were established in 1823 by who? - Answer✅ The Texas Rangers were established in 1823 by who? STEPHEN F AUSTIN 1979 case that requires reasonable supicion not just because you're in the wrong area and fail to identify: - Answer✅ 1979 case that requires reasonable supicion not just because you're in the wrong area and fail to identify: BROWNE vs TEXAS Citizens arrest canbe made on felonies or misdemeanors. T or F ? - Answer✅ Citizens arrest canbe made on felonies or misdemeanors. T or F ? TRUE At what distance can you follow an emergency vehicle to a call? - Answer✅ At what distance can you follow an emergency vehicle to a call? 500 FEET Use a ________ to explain any symbols used on a crime scene sketch. - Answer✅ Use a ________ to explain any symbols used on a crime scene sketch. LEGEND The presence of any chemical in the right amount may be toxic would be the definition of the ________ response. - Answer✅ The presence of any chemical in the right amount may be toxic would be the definition of the ________ response. DOST RESPONSE What is the primary reason for use of dealer tags? - Answer✅ What is the primary reason for use of dealer tags? DEMONSTRATION OF VEHICLE Important for the officer to maintain physical & emotional control in order to ensure the safety of the officer, the arrestee and the public is self control. T or F ? - Answer✅ Important for the officer to maintain physical & emotional control in order to ensure the safety of the officer, the arrestee and the public is self control. T or F ? TRUE The object of patrol is to ________ ___ _____. - Answer✅ The object of patrol is to ________ ___ _____. PRESERVE THE PEACE ________ is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution. - Answer✅ ________ is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution. COURAGE An unattended vehicle is considered abandoned after ___ hours. - Answer✅ An unattended vehicle is considered abandoned after ___ hours. 48 HOURS A child is ___ to ___ years of age. - Answer✅ A child is ___ to ___ years of age. 10-17 YEARS OF AGE A sentence is a group of words that expresses a ____________________. - Answer✅ A sentence is a group of words that expresses a ____________________. A COMPLETE THOUGHT An operator may not drive at a speed that is faster than ____________________ under the circumstances then existing. - Answer✅ An operator may not drive at a speed that is faster than ____________________ under the circumstances then existing. REASONABLE AND PRUDENT Two or more hookers would be what offense? - Answer✅ Two or more hookers would be what offense? COMPELLING PROSTITUTION An ___________ is the written statement filed and presented on behalf of the state by the Distric or County Attorney, charging the defendant with an offense which may by law be so prosecuted. - Answer✅ An ___________ is the written statement filed and presented on behalf of the state by the Distric or County Attorney, charging the defendant with an offense which may by law be so prosecuted. INDICTMENT The act of keeping back or withholding, by design, a person refers to detention. T or F ? - Answer✅ The act of keeping back or withholding, by design, a person refers to detention. T or F ? On a felony stop the preferred way is to ________ to the left and back _____ feet. - Answer✅ OFF SET, 10-15 __________ is most important in dealing with violators. - Answer✅ SELF CONTROL Tail lights of a vehicle must be ____ in color and must be visible ______ feet away. - Answer✅ RED, 1000 Joe abducted a 3 year old for ransom and then got scared and let the child go free, what is the charge if any? - Answer✅ AGGRAVATED KIDNAPPING Strategies of defense mechanics of an arrest / weaponless strategies: - Answer✅ TOUCHING What is the name given to a variety of writs, with the objective of bringing the party before a court or a judge. The primary function of the writs is to release a person who is being held illegally. - Answer✅ WRIT OF HABEAS CORPUS A person enters a garage attached to a house and takes $1500 worth of merchandise out of the car, he could be charged with __________. - Answer✅ BURGLARY The order needed from the court to evict someone is the __________________. - Answer✅ WRIT OF POSSESSION A guy running a gambling ring can be charged with ____________________. - Answer✅ GAMBLING PROMOTION All your senses can give you a ___________ of criminal activity. - Answer✅ SUSPICION The ___________ of a witness who for the purpose of the prosecution is a victim is called ____________________. - Answer✅ EXCLUSION, INVOLKING THE RULE If a person tampered with a price tag he has committed what offense? - Answer✅ FRAUDULANT DESTRUCTION, REMOVAL OR CONCEALMENT OF WRITING Entire width between the boundry lines of a publicly maintained way, any part that is opened for vehicle travel is a: ________ or ________. - Answer✅ HIGHWAY or STREET The speed limit on a beach is ____ miles per hour. - Answer✅ 15 MPH The person is ________ when he has been actually under restaint or taken into custody. - Answer✅ ARRESTED A person commits this offense if their is sexual conduct or touching with a child younger than 17 years of age and not the person's spouse. - Answer✅ INDECENCY WITH A CHILD Justification for use of a baton would be __________________. - Answer✅ PHYSICAL STATURE Store front thieves catch what kind of thieves? - Answer✅ PROFESSIONAL Interview a suspect in a ____ or ________ position when two officers are present. - Answer✅ V, TRIANGULAR If Sam picked up his child from the baby sitter, during a period of time that his ex-wife had possession per a court order, he could be charged with what offense? - Answer✅ INTERFERENCE WITH CHILD CUSTODY When no camera is available you generate a ____________________ sketch. - Answer✅ PERSPECTIVE SKETCH Intentionally or knowingly by words or physical action a person prevents execution of a civil action he has committed the offense of: - Answer✅ PREVENTING EXECUTION OF CIVIL PROCESS ____________ is to restrict a persons movements without consent. - Answer✅ UNLAWFUL RESTRAINT All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is met and proved: - Answer✅ PROOF BEYOND A REASONABLE DOUBT _____ or _______ is the color of signaling devices. - Answer✅ RED AND AMBER ________ is an affirmative defense to prosecution if engaged in conduct because of threat to himself. - Answer✅ DURESS Which best defines a dangerous drug? - Answer✅ PRESCRIPTION DRUG ____________ can be used to affect an arrest when probable cause is present. - Answer✅ REASONABLE FORCE A ____________ is defined as any condition which a person has mobility problems that substantially impair a person's ability to be ambulatory. - Answer✅ DISABILTY The acronym for scanning, analysis, Response and Assessment is SARAH. T or F - Answer✅ FALSE TCLEOSE requires continuing education within 24 months for peace officers or their license will be suspended. - Answer✅ 24 MONTHS How many days or half days in which a student can miss before truancy may be charged? - Answer✅ 91/2 DAYS The correct distance at which to follow another vehicle is the ______ distance. - Answer✅ SAFE The most common stereo type of a person with mentle illness is that the person is ______________. - Answer✅ SCHIZOPHRENIC A peace officer ______ arrest an offender with out warrant for any offense committed in his view or presence. - Answer✅ MAY Hazard lights and turn signals are required to be visible from at least _____ feet. - Answer✅ 500 FEET 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 is the definition of ________________________. - Answer✅ ARREST WARRANT Another stereotype is that persons with mentle illness are ____________. - Answer✅ VIOLENT Right to anttorney arose from which court case law? - Answer✅ MIRRANDA vs ARIZONA A sentence is a group of words that expresses a ____________________. - Answer✅ COMPLETE THOUGHT 1979 case that requires reasonable suspicion not just because you're in the wrong area and fail to identify: - Answer✅ BROWNE vs TEXAS What is the primary reason for use of dealer tags? - Answer✅ DEMONSTRATION OF VEHICLE A supervisor has a _______________ to stop unnecessary force by a police officer(s). - Answer✅ AFFIRMATIVE DUTY Within ____ feet from the highway it is considered illegal dumping. - Answer✅ 300 FEET The threat of sexual abuse is the same as sexual abuse. T or F - Answer✅ TRUE What is the metal case with a spring and a follower that holds shells? - Answer✅ MAGAZINE Perjury is lying under oath during offical proceeding or when testimony is material. T or F - Answer✅ FALSE In baton training a weapon strike comes from a ___ degree angle? - Answer✅ 45 A train must be at least ____ feet from an intersection when it makes it's first audible alert? - Answer✅ 1500 FEET Deliquent behavior is when ___ or more days are missed in six months or 3 or more days in four weeks. - Answer✅ 10 Police agencies have estimated that approximately ___ % of their calls for service are related to family violence. - Answer✅ 45% Peace Officers may fingerprint or photograph a juvenile if conduct constitutes a felony offense or a misdemeanor offense above a class C misdemeanor. T or F - Answer✅ TRUE 1/2 hour before sunrise and 1/2 hour after sunset is the definition of _________. - Answer✅ DAY TIME A law enforcement initiated action based on an individual's race, ethnicity, or national originrather than on the indivdual's behavior or on information identifying the individual as having engaged in criminal activity is the definition of _______________________. - Answer✅ RACIAL PROFILING A person commits an offense if the person possess an _______________ in a passenger area of a motor vehicle that is located on a public roadway regardless of whether the vehicle beingoperated is stopped or parked. - Answer✅ OPEN CONTAINER When cuffing two suspects with one set of handcuffs, the appropriate way is to cuff them: - Answer✅ LEFT TO LEFT OR RIGHT TO RIGHT ________ is to intentionally or knowingly restrain another. - Answer✅ RESTRAIN A person is criminally responsible as a ______ to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminal responsible, or by both. - Answer✅ PARTY _______________ means the body of the crime. - Answer✅ CORPUS DELICTI ________ means to sell, dispense, give away, or supply in any other manner. - Answer✅ DELIVER A relative event that something took place is a ___________. - Answer✅ FLASHBACK Causing a person 17 or under to be a prostitute is what offense? - Answer✅ COMPELLING PROSTITUTION The ability to search the area within arms reach arose from what case? - Answer✅ CHIMEL vs CALIFORNIA Who founded the metropolitan police department? - Answer✅ SR ROBERT PEEL 1925 case relating to the searching of the trunk area of a vehicle is which case? - Answer✅ CARROLL vs U.S. ____ is the color of reflectors on a vehicle. - Answer✅ RED Offense punishable by fine, jail, or both is a misdemeanor. T or F - Answer✅ TRUE Citizens arrest can be made on felonies or misdemeanors. T or F - Answer✅ TRUE What is the best style search for outdoor crime scenes? - Answer✅ STRIP SEARCH ______ law is the portion of the law that deals with the rights of the individual? - Answer✅ CIVIL LAW _________ is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution. - Answer✅ COURAGE A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury is the definition of _____________. - Answer✅ DEADLY WEAPON A person may not drive at a speed that is greater than _______________________ under the circumstances existing at the time. - Answer✅ REASONABLE AND PRUDENT A person who receives compensation for prostitution has committed what offense? - Answer✅ COMPELLING PROSTITUTION An act by a family member of a family household against another member of the family or household that results in assault causing bodily injury, sexual assault or threat is the definition of _____________. - Answer✅ FAMILY VIOLENCE In which step of the 7 step violator approach can the violator have a chance to explain himself? - Answer✅ STEP 2 Person smoking in an elevator is committing what offense? - Answer✅ SMOKING TOBACCO Putting your drivers license number on everthing is called ______________. - Answer✅ OPERATION I.D. Voluntary _____________ does not constitute a defense to the commission of a crime. - Answer✅ INTOXIFICATION The taking of a child into custody is not an _______ for the purpose of determining the validity of taking him into custody, or a search under the laws and constitution. - Answer✅ ARREST The part of the shot gun that reloads is the _______. - Answer✅ FORE END A _______________ is defined as an individual association, corporation, or other legal entity that controls, operates or directs the operation of one or more vehicles that transport persons or cargo over a road or highway in this state. - Answer✅ MOTOR CARRIER The bullets are loaded into the _________ on a revolver. - Answer✅ CYLINDER _________________ is the condition of the body, which enables an individual to use his body in activities requiring strength, muscular endurance, agility, speed, power, and balance. - Answer✅ PHYSICAL FITNESS Crisis situations can be resolved through _______. - Answer✅ LISTENING Implied consent is given for what kind of tests relating to alcohol testing? - Answer✅ BLOOD AND BREATH (both A & B) What writ issued by the court requires the holding agency to bring the body to determine if their is a lawful reason to hold that person? - Answer✅ WRIT OF HABEAS CORPUS What is the only crime enumerated in the U.S. Constitution? - Answer✅ TREASON No vehicle shall be driven left of the center of the roadway when approaching within ____ feet of a bridge or tunnel. - Answer✅ 100 FEET The police role is essentially ___________. - Answer✅ DEFENSIVE A _______________ is self-propelled by electric power obtained from overhead trolley wires, but does not operate on rails. - Answer✅ MOTOR VEHICLE