__________________ circumstances exist when there is not enough time to obtain a warrant and the officer must establish probable cause.
Emergency
Reasonable
Special
Exclusionary
The right to have an attorney present during questioning was affirmed by ____________.
Mapp v. Ohio
Terry v. Ohio
Miranda v. Arizona
Colorado v. Belrane
Persons found in suspicious places and under circumstances, which reasonably show that, such persons are about to commit some offense against the laws may _______________.
Not be arrested without a warrant
Be arrested without a warrant
Only be arrested with a warrant
Only be detained for a short time
According to the Code of Criminal Procedure, a peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in their presence or within the view if the offense is classified as __________________. (Art 14.01)
a felony
a tort
a civil matter
any violation of the law
In U.S. v. Carroll, the Supreme Court upheld an officer's right to search a vehicle's trunk when the officer's have _________.
a search warrant
reasonable suspicion
probable cause
Inventory privilege
Under temporary detention, a person _________ be requested to identify himself.
cannot
will
should
shall
The act of keeping back, or withholding, by design, a person, is the definition of ______________.
Incarceration
Sentencing
Detention
Custody
The right of the officer to search the immediate area of control in a search incident to arrest was affirmed in ____________.
Chimel v. California
Schmerber v. California
Brown v. Texas
According to the Code of Criminal Procedure, a search warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to ______________. (Art 20)
Provide said contraband for use during any show-cause hearing
Seize listed property and secure same in an approved storage facility
Search for any property or thing and seize the same
Search for listed suspects and arrest same
Holding a person for a limited time that, as yet, is not answerable to a criminal offense is ____________.
Temporary detention
Probable cause
Lawful restraint
Limited suspicion
According to the Code of Criminal Procedure, if a _______________ from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he is not subject to arrest or the service of civil or criminal process, because of any act committed prior to his arrival in this state under the order, (Art 24.28)
defendant
legislator
witness
officer
According to the Code of Criminal Procedure, an officer must have _________ to believe the property is stolen to justify seizure of the property. (Art 18.16)
Reasonable ground
Exigent circumstances
Rational suspicion
According to the Code of Criminal Procedure, a peace officer may arrest, without a warrant, when a felony or breach of the peace has been committed in the presence or within view of a ____________ and such person verbally orders the arrest of the offender. (Art 14.02)
Private person
County Commissioner
City Council member
Magistrate
_____________ exist when the facts are circumstances known to the officer would warrant a prudent man believing that an offense has been committed.
Articulable suspicion
Mere suspicion
Reasonable 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 limits? (Art 11.21)
Restraint
Arrest
Constructive custody
Which U.S. Constitution amendment is the primary focus of the Miranda v. Arizona case?
6th
5th
4th
3rd
According to the Code of Criminal Procedure, a citizen may, without a warrant; arrest an offender when the offense is committed in plain view is a _______________. (Art 14.01)
Felony
Traffic violation
Misdemeanor
Violation of city ordinance
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 the following circumstances. (Art 15.25)
Traffic Offense
The poisonous tree doctrine, which displays the notion that evidence obtained after illegal government action will be excluded from evidence, was affirmed in _____________.
U.S. v. Robinson
California v. U.S.
Wong Sun v. U.S.
Michigan v. Long
When you can frisk if there is _________ that the suspect may be in possession of a weapon.
Reasonable fear
Mere justification
Reasonable evidence
When search is conducted after a lawful arrest, within immediate control and contemporaneous with the arrest, the search is justified under ____________ to lawful arrest.
Warrant
Search
Incidental
Execution
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.
Open field
Curtilage
Encumbrance
Continuance
The primary components of the American Criminal Justice System are ______________.
Probation, parole and correctional
Police, courts, correctional
Local , state, and federal police
Police, prosecution, and courts
___________________ is law that defines the personal property rights of individuals.
Civil law
Criminal law
Tort
Mediation
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. (CCP 11.01)
Writ of sequestration
Writ of attachment
Writ of habeas corpus
Remainder of custody
According to the Code of Criminal Procedure, which of the following is NOT a Magistrate?
Recorders of incorporated cities
Justice of the Peace
Supreme Court Justices
District Attorneys
According to the Code of Criminal Procedure, which of the following are NOT Texas peace officers?
Investigator's of the District Attorney's Office
Law Enforcement agents of the Alcohol Beverage Commission
Arson investigators of a city, country, of the state
Special agents of Alcohol, Tobacco and Firearms
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 the possible adult victim of all reasonable means to prevent further family violence, including ____________.
Making an arrest without a warrant
Calling in assistance from domestic violence experts
Giving written notice of a victims legal rights
Giving written notice of an offenders' legal rights
According to the Code of Criminal Procedure, the court of Criminal Appeals does NOT ________________.
Issue writs of habeas corpus
Hear case involving the death penalty
Review decisions of civil cases
Review decisions of criminal cases
According to the Code of Criminal Procedure ________ 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 EXCEED five hundred dollars.
County
District
Municipal
Juvenile
According to the Code of Criminal Procedure, which of the following is NOT a use of force option for dispersing a riot?
Command the group to disperse
Arrest the persons involve with a warrant
Arrest the person involves without a warrant
Use any degree of force
According to the Code of Criminal Procedure, an affidavit made before a magistrate charging the commission of an offense is called a __________.
Complaint
Information
Capias
According to the Code of Criminal Procedure, the security given by the accused that he will appear and answer before the proper court the accusation brought against him is known as __________.
Commitment
Promissory
Bail
Bond
According to the Code of Criminal Procedure, a written statement of a Grand Jury accusing a person of an offense is a _________________.
Indictment
Affidavit
According to the Code of Criminal Procedure, a person is arrested when the person has been ___________. (Art 15.22)
Lawfully detained
Taken into custody
Unlawfully detained
Stopped and identified
According to the Code of Criminal Procedure, which court has original jurisdiction over all felony cases? (Art 4.05)
District court
County Criminal Court
Court of Criminal Appeals
Supreme Court
According to the Code of Criminal Procedure, a written statement that is filled and presented on behalf of the State of Texas by a district attorney that charges a person with an offense that may be prosecuted according to law is called a _____________.
Attachment
According to the Code of Criminal Procedure, a peace officer from another state may pursue a fleeing person into Texas and arrest them there, if the person is suspected of committing ____________. (Art 14.03 (d) 51.13 (2))
A misdemeanor punishable by jail
a state jail felony
a capital offense
According to the Code of Criminal Procedure, the time allowed for the execution of a search warrant shall be ________ whole days, exclusive of the day of issuance and the day of its execution. (Art 18.07)
3
4
5
6
According to the Code of Criminal Procedure, what is a writ issued by a court directing any peace officer in the state, commanding him to arrest a person accused of an offense and bring him before that court immediately called? (Art 23.01)
Arrest Warrant
According to the Code of Criminal Procedure, appeals from the Justice Courts are heard by the _________ Court.
Appeals
Criminal Appeals
According to the Code of Criminal Procedure, what is the term for a Written Order from a magistrate, directed to a peace officer, commanding him to take the body of the person accused of an offense, to be dealt with according to law? (Art 15.01)
According to the Code of Criminal Procedure, whenever a peace officer meets with resistance in discharging any duty imposed on him by law, he _______ command a sufficient number of citizens of his county to overcome the resistance. (Art 2.14)
May
Shall
Can
Will
According to the Code of Criminal Procedure, what law enforcement initiated action based on an individual's ethnicity or national origin rather than the individual's behavior? (Art 3.05)
Selective enforcement
Racial profiling
Culture bias
Ethnocentrism
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.
60
50
40
30
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 _____________. (211.27)
30 days
60 days
90 days
180 days
According to Commission Rules, the license of any licensee who does not meet the legislative required education by the expiration date will __________________.
Terminate
Lapse
Expire
Defer
A person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse. According to the Penal Code, the person has committed the offense of _______________. (PC 22.01)
Assault
Aggravated assault
Deadly assault
Sexual assault
A person intentionally or knowingly causes the death of an individual. According to the Penal Code, the person has committed the offense of ______________. (PC 19.02)
Involuntary manslaughter
Capital murder
Murder
Voluntary manslaughter
A person recklessly causes the death of an individual. According to the Penal Code, the person has committed the offense of _________________. (PC 19.04)
Negligent homicide
Manslaughter
A person operates an amusement ride while intoxicated, and by reason of that intoxication causes the death of another by accident of mistake. According to the Penal Code, the person has committed the offense of ___________. (PC 49.08)
Intoxicated manslaughter
Capital Murder
According to the Penal Code which of the following is a "short barrel" firearm? (PC 46.01) (10)
A rifle with a 16 inch barrel
A shotgun with an 18 inch barrel
A shotgun with an overall length of less than 26 inches
A rifle with an overall length of more than 26 inches
According to the Penal Code, which of the following is NOT covered in Section 46.02, unlawfully carrying weapons. (PC 46.02) (a)
Handgun
Shotgun
Club
Illegal Knife
A person, not the operator, knowingly possesses an open container (of alcohol) in a passenger area of motor vehicle that is located on a public highway. According to the Penal Code, The person has committed the offense of ________________. (PC 49.031)
Public Intoxication
Possession of Alcoholic beverage in a motor vehicle
Driving While Intoxicated
No Offense
According to the Penal Code, A license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the United States is a ___________________. (PC 37.01) (20) (C)
Court Record
Government Record
Official Document
Contract
A person is in possession of a burning tobacco product in an elevator. According to the Penal Code, what offense has been committed? (PC 48.01)
Smoking Tobacco
Disorderly Conduct
Criminal Mischief
A person retains a child younger than 18, knowing this violates the express terms of judgment. According to the Penal Code, what offense has been committed? (PC 25.03)
Interference with child custody
Harboring runaway child
Agreement to abduct from custody
Enticing Child
According to the Penal Code, conduct merely affording a person an opportunity to commit an offense does not constitute _____________. (PC 8.06)
Mistake of Fact
Mistake of Law
Duress
Entrapment
According to the Penal Code, a person is justified in using deadly force against another when and to the degree he reasonably believe the deadly force is immediately necessary to________________ (PC 9.32) (B)
Protect him against the lawful use of deadly force
Protect him against the other's verbal provocation
Prevent the other's imminent commission of robbery
Prevent the other's imminent commission of kidnapping
Which of the following is an advantage of having the professional model for law enforcement?
Increased cost of training and development
Opportunity for educational benefits
More Effective problem solving techniques
Limited entry-level opportunities for people from lower social economic segments
The expression of the use of facts without distortion by personal feeling or prejudice is the condition of ___________.
Professionalism
Ethic Integrity
Objectivity
Courage
Investigations relating to deprivation of civil rights under color of law are usually conducted by the _______________.
Federal Civil Rights Commission
United State Attorney General
Federal Bureau of Investigation
Attorney General of Texas
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__________________. (PC 39.03)
Intentionally subjects another to sexual harassment
Aids another in acquiring personal property
Coerces another with the intent to obtain a benefit
Intentionally includes a report of facts known to the persons to be false
According to the Transportation Code, a operator intending to turn a vehicle right or left shall signal continuously for not less than the last ________ feet of movement of the vehicle before the turn. ( TC 545.104)
100
75
25
According to the Transportation Code, a motor vehicle designed, used, or maintained primary to transport property, is the definition of ________________. (TC 541.201)
Truck
Trailer
Vehicle
Tractor Trailer
According to the Transportation Code, a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry is the definition of a ______________. (TC 541.201)
Farm Trailer
Farm Tractor-Trailer
Farm Tractor
Farm Vehicle
According to the Transportation Code, A vehicle that is not designed or used primarily to transport persons or property and that is only incidentally operated on a highway, is classified as a/an __________________
Special Vehicle
Special Mobile
Exempt Vehicle
Exempt Mobile
According to the Transportation Code, an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more vehicles that transport person or cargo over a road or highway in this state is a/an __________________. (TC 643.001)
Local Authority
Motor Carrier
According to the Transportation Code, before a violation for expire registration exists there is a ________________ grace period after expiration. (TC 502.407)
5 Days
5 Working Days
10 Days
10 Working Days
According to the Transportation Code, a divided, controlled-access highway for through traffic is the definition of a _______________. (TC 541.302)
Freeway
Highway
Road
Street
According to the Transportation Code, an improved shoulder as a _____________. (TC 541.301) (6)
Semi-roadway abutting a highway
Paved Shoulder
Roadway breakdown lane
Marked lateral edge of roadway
According to the Transportation Code, the period beginning one-half hour before sunrise and ending one half-hour after sunset is ______________. (TC 541.401) (1)
Daytime
Nighttime
A person disposed of litter on the public highway. According to the Transportation Code, what offense has been committed? (HSC 365.012)
Illegal Dumping
Littering
Improper Disposal
Illegal Disposal
According to the Transportation Code, and "unmarked crosswalk" only exists __________. (TC 552.005)
At intersections
At unmarked crossings on street
An intersections with sidewalks on either side
Where not marked
According to the Transportation Code, a temporary prohibition against driving a commercial motor vehicle is what type of order? (TC 552.003) (23)
Prohibited-operations
Restrained -service
Restrictive-operations
Out-of-service
According to the Transportation Code, an operator emerging from an alley shall stop the vehicle ________. (TC 545.256)
At the stop line
Before moving on the sidewalk
Before entering the crosswalk
At the curb of the street
According to the Transportation Code, an operator may not, except momentarily to pick-up or discharge a passenger, stand or park on occupied or unoccupied vehicle within how many feet of a fire hydrant? (TC 545.302) (B) (2)
15
20
Which court case affirmed a person's right to free speech?
Duran v. City of Douglas
Tennessee v. Garner
Ruiz v. Estelle
The 5th Amendment to the U.S. Constitution gives citizens the protection from _________________.
Unreasonable searches
Quartering of troops
Excessive bail
Self-incrimination
The Sixth Amendment to the U.S. Constitution ________________.
Provides the right to bail
Establishes the "due process of law doctrine"
Gives the right to trial, open to the public
Establishes the police powers of the states
According to the ____________ Amendment of the U.S. Constitution, powers not specifically reserved to the federal government are reserved to the state government.
9th
10th
14th
Cruel and unusual punishment are prohibited by which amendment?
8th
The condition of the human organism that consist of its health and disease status and risk potential _________________.
Ergonomics
Wellness
Fitness
Physiology
According to the Occupations Code, a person licensed as a peace officer must complete 40 hours of legislatively required continuing training once every _______________. (Sec 217.11)
12 months
24 months
36 months
48 months
According to the Penal Code, what is NOT part of the element of an offense? (PC 1.07)
Admission of guilt
Forbidden Conduct
Required Culpability
Any Required Result
According to the Penal Code, in the case of an "exception to an offense", burden of proof lies with the _______________. (PC 2.02)
Defense Attorney
Grand Jury
Prosecuting Attorney
Plaintiff
According to the Penal Code, a person acts ____________, with respect to the nature of their conduct, when it is the conscious objective of desire to engage in the conduct or cause the result.
Knowingly
Intentionally
With criminal negligence
Recklessly
According to the Penal Code, a person is criminally responsible as a party to an offense in the offense is __________________. (PC 7.01)
Committed by his own conduct
Committed under duress
Committed intentionally
Committed Recklessly
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 prescribed conduct? (PC 8.05)
Insanity
Mistake of fact
According to the Penal Code, a mistake of fact is ______________. (PC 8.02)
An affirmative defense to prosecution
A defense to prosecution
No defense to prosecution
A violation
According to the Penal Code, in order to prove a case of public intoxication, a person must __________________. (PC 49.02)
Appear in a public place while intoxicated
Appear in a public place while intoxicated to a degree the person may endanger himself/herself or another
Appear in a public place while smelling strongly of alcohol
Appear in a public place while intoxicated and disorderly
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? (PC 19.03) (a) (2)
Criminally negligent homicide
A person abducts a child and demands a ransom to 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? (PC 20.04) (a) (1)
Kidnapping
Aggravated kidnapping
Unlawful restraint
Interference with custody
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? (PC 36.06)
Tampering with a witness
Jury tampering
Obstruction or retaliation
Official oppression
A person causes an explosion with the 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 ________________. (PC 28.02) (2) (F)
Criminal mishchief
Reckless damage or destruction
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? (PC 29.02)
Robbery
Aggravated 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?
Burglary
Aggravated theft
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? (PC 30.02) (a) (2)
Burglary of a vehicle
Theft over $1000
Criminal Trespass
According to the Penal Code, a person commits the offense of theft if they ____________ appropriate property with the intent to deprive the owner of the property. (PC 31.03) (a)
Willingly
Unlawfully
A person removes a $450 price tag from a retail item, replaces it with $200 price tag and pays the lower price. According to the Penal Code, the person has committed the offense of ____________________. (PC 32.47)
Fraudulent destruction, removal or concealment of writing
Misapplication of fiduciary property
False statement to obtain property of credit
Securing execution of document by deception