5. BPOC Exam 1 Flashcards
Question 1 of 250 - Bill of Rights 1-10
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law is which Amendment?
Amendment VI
Amendment II
Amendment IV
Amendment III
Amendment III
Question 2 of 250 - Bill of Rights 1-10
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law is which Amendment?
Amendment X
Amendment IX
Amendment VII
Amendment IV
Amendment VII
Review: Bill of Rights (1791) Amendment VII - In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Question 3 of 250 - Bill of Rights 1-10
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 is which Amendment?
Amendment V
Amendment VI
Amdndment IX
Amendment X
Amendment X
Question 4 of 250 - BPOC 01 Professionalism & Ethics
Pillars of Character are:
Trustworthiness, Respect, Responsibility
Fairness, Caring, Citizenship
None of these
All of these
All of these
Question 5 of 250 - BPOC 01 Professionalism & Ethics
Scanning is a key component of problem solving.
True
False
True
Question 6 of 250 - BPOC 01 Professionalism & Ethics
____________________ means people have trust and confidence in the police, accept police authority and believe officers are fair.
Transparency
Police professionalism
Police legitimacy
Public cooperation
Police legitimacy
Question 7 of 250 - BPOC 01 Professionalism & Ethics
Possessing the maturity, courage, and discipline to follow through and do what you know is right in situations of strong temptation and/or great pressure from others.
Moral Sensitivity
Moral Judgment
Moral Motivation
Moral Character
Moral Character
Question 8 of 250 - BPOC 01 Professionalism & Ethics
To act in a manner that reflects belief in the fundamental value of ethical behavior and in application of this value to your job is an element of the ethical role.
True
False
True
Question 9 of 250 - BPOC 01 Professionalism & Ethics
Officers build public confidence by:
Showing you are in control
Acting in a way that encourages community members to believe that they will be treated with goodwill in the future
Determining the facts quickly based on experience
None of the listed
Acting in a way that encourages community members to believe that they will be treated with goodwill in the future
Question 10 of 250 - BPOC 01 Professionalism & Ethics
Facing a barricaded, armed suspect is an example of _____________
None of these
Moral Courage
Physical Courage
Physical Courage
Question 11 of 250 - BPOC 01 Professionalism & Ethics
Which of the following was specifically listed as an example of physical courage?
Facing barricaded, armed suspect.
Refusing to participate in cover-up.
Refusing to participate in ethnic or gender based humor or practical joking, etc.
Refusing gratuities
Facing barricaded, armed suspect.
Question 12 of 250 - BPOC 01 Professionalism & Ethics
There exists public and private concern regarding our values or lack of them.
True
False
True
Question 13 of 250 - BPOC 01 Professionalism & Ethics
The forth pillar of procedural justice demonstrates decisions are made based on relevant evidence or data rather than on personal opinion, speculation, or guesswork. This is called _______________.
Fairness and Consistency
Giving Voice to all Parties
Transparency
Impartiality
Impartiality
Question 14 of 250 - BPOC 02 Professional Policing
__________________ is a new philosophy of policing, based on the concept that police officers and private citizens working together in creative ways can help solve contemporary community problems related to crime, fear of crime, social and physical disorder, and neighborhood decay.
Regional policing
Spiritual policing
Community policing
Private policing
Community policing
Question 15 of 250 - BPOC 02 Professional Policing
_________________ is a new philosophy of policing, based on the concept that police officers and private citizens working together in creative ways can help solve contemporary community problems related to crime, fear of crime, social and physical disorder, and neighborhood decay.
Neighborhood Watch
Urban Patrol
Community policing
Joint policing
Community policing
Question 16 of 250 - BPOC 02 Professional Policing
August Volmer can best be remembered for:
His contribution to the goal of professionalizing the police
Police Commissioner during the 1912 Chicago Raids.
Creating the FBI
Getting the Pendleton Act passed
identifying police corruption
Review: BPOC (2.2) American policing went through a “reform” era marked by the contributions of such men as August Vollmer, whose goal was to bring professionalism to the police.
His contribution to the goal of professionalizing the police
Review: BPOC (2.2) American policing went through a “reform” era marked by the contributions of such men as August Vollmer, whose goal was to bring professionalism to the police.
Question 17 of 250 - BPOC 02 Professional Policing
The goal of Community Policing is to change attitudes and project a positive image - improved relations with citizens is a main focus.
False
True
False
Review: BPOC (2.6) Community Policing Goal: Solve problems - improved relations with citizens is a welcome byproduct
Question 18 of 250 - BPOC 02 Professional Policing
The officer and his/her agency must meet numerous standards that determine how (s) he is to do the job. The state government alone sets these standards.
True
False
False
Question 19 of 250 - BPOC 02 Professional Policing
The National Commission on Law Observance and Enforcement (Wickersham Commission) reported in 1931 the greatest promise for the future of policing is
None of the listed
Stream-lining the court system and increasing conviction rates will help decrease crime problems.
the college or university.
improving police response time to crime is essential.
the college or university.
Review: BPOC (2.2) The National Commission on Law Observance and Enforcement (Wickersham Commission) reported in 1931 “the greatest promise for the future of policing is the college or university.”
Question 20 of 250 - BPOC 02 Professional Policing
The basic concept of quality police customer service is to provide a level of service in which the citizen not only receives the basic protection expected of a police agency, but receives it in a highly effective and efficient manner from police personnel who display a highly positive, friendly, and helpful manner.
True
False
True
Question 21 of 250 - BPOC 02 Professional Policing
It is important to help citizens however possible, including referral to a private attorney or bail bondsman.
True
False
False
Question 22 of 250 - BPOC 02 Professional Policing
Most of the workload of patrol officers and detectives consists of handling crimes that have already been committed, disturbances in progress, traffic violations, and such. Exceptions include crime prevention and narcotics investigations.
Incident driven
Use of the criminal justice system
Use of aggregate statistics
Lack of community and employee involvement in the decision making process Most decisions are made at the management and mid-management level with little citizen
Citizen and employee expectations
Reactive response
Reactive response
Review: BPOC (2.5) Reactive response: Most of the workload of patrol officers and detectives consists of handling crimes that have already been committed, disturbances in progress, traffic violations, and such. Exceptions include crime prevention and narcotics investigations.
Question 23 of 250 - BPOC 02 Professional Policing
Reactive response means most of the workload of patrol officers and detectives consists of handling crimes that have already been committed, disturbances in progress, traffic violations, and such.
False
True
True
Question 24 of 250 - BPOC 03 Fitness, Wellness, Stress Management
Wellness ranges from optimum health to
old age.
marginal health.
medium health.
death.
death.
Question 25 of 250 - BPOC 03 Fitness, Wellness, Stress Management
Sources of protein include all of the following except ______________.
eggs
beans
white flour
meat
milk
fish
white flour
Question 26 of 250 - BPOC 03 Fitness, Wellness, Stress Management
In addition to vitamins, minerals, and carbohydrates, which of the following is needed to constitute a healthy diet?
Proteins
Water
All of these
Fats
All of these
Question 27 of 250 - BPOC 03 Fitness, Wellness, Stress Management
Critical Incident Stress (CIS) is incident specific. This is heavy-duty stress that causes psychological and physical discomfort for 2 days to 1 month.
True
False
True
Question 28 of 250 - BPOC 03 Fitness, Wellness, Stress Management
Steroid use can cause _____________________.
increased cholesterol, triglycerides and glucose
All answers correct
increased risks of liver cancer, hepatitis, hypertension and diabetes
increased irritability and hostility “roid rage”
All answers correct
Question 29 of 250 - BPOC 03 Fitness, Wellness, Stress Management
The condition of the body that enables an individuals to use his or her body in activities requiring strength, muscular endurance, cardiovascular endurance, flexibility, coordination, ability, power, balance, speed, and accuracy, without undue experience?
wellness.
physical fitness.
a health person.
stamina.
physical fitness.
Question 30 of 250 - BPOC 05 Multiculturalism and Human Relations
___________ refers to shared culture and background. Members of one of these groups generally share language, religion, and other cultural patterns.
Culture
Ethnicity
Ethnocentrism
Race
Ethnicity
Question 31 of 250 - BPOC 05 Multiculturalism and Human Relations
________________ is the act of regarding one’s culture as the “center of the universe,” and hence as the basis for all comparisons with other cultures.
Ethnocentrism
Ethnics
Prejudice
Culture
Ethnocentrism
Question 32 of 250 - BPOC 05 Multiculturalism and Human Relations
What are not adverse consequences of insensitivity?
None of these
Self respect
Behavior
Loss of personal and professional respect
Anger
Hurt feelings
Self respect
Question 33 of 250 - BPOC 05 Multiculturalism and Human Relations
___________________ provides a convenient group or person to blame when things go wrong in one’s personal life or in the community.
Societal Strain
Projection
Ethnocentrism
“Scapegoating”
“Scapegoating”
Question 34 of 250 - BPOC 05 Multiculturalism and Human Relations
_____________ is acting on the basis of prejudice.
Attitude
Ethnicity
Discrimination
Ethnocentrism
Discrimination
Question 35 of 250 - BPOC 05 Multiculturalism and Human Relations
Forms and targets of prejudice:
Political affiliation
All correct
National origin
Gender
Ethnic
Racial
All correct
Question 36 of 250 - BPOC 05 Multiculturalism and Human Relations
Four Basic Feelings or Attitudes Harbored By Most Prejudiced Persons:
Feeling of superiority, Others are strange and different, Proprietary claims, Authoritarian personality
Feeling of superiority, Others are strange and different, Projection, Fear
Feeling of superiority, Ethnocentrism, Proprietary claims, Fear
Feeling of superiority, Others are strange and different, Proprietary claims, Fear
Feeling of superiority, Others are strange and different, Proprietary claims, Fear
Review: BPOC (5.1) Four Basic Feelings or Attitudes Harbored By Most Prejudiced Persons: Feeling of superiority, Others are strange and different, Proprietary claims, Fear
Question 37 of 250 - BPOC 05 Multiculturalism and Human Relations
Officers often work alone and makes decisions demanding impartiality on their part with no one (but _________) present to witness fairness.
the media
another officer
the law
the citizen
the citizen
Question 38 of 250 - BPOC 05 Multiculturalism and Human Relations
___________ generally refers to groups of people with common ancestry and physical characteristics.
Ethnicity
Culture
Ethnocentrism
Race
Race
Review: BPOC (5.1) Race generally refers to groups of people with common ancestry and physical characteristics.
Question 39 of 250 - BPOC 05 Multiculturalism and Human Relations
_______________ provides a source of egotistic satisfaction, through comparing others with oneself.
Projection
Scapegoat
Stereotype and Categorical Treatment
Ethnocentrism
Stereotype and Categorical Treatment
Review: BPOC (5.1) Ethnocentrism - provides a source of egotistic satisfaction, through comparing others with oneself.
Question 40 of 250 - BPOC 05 Multiculturalism and Human Relations
What tends to reinforce prejudice concerning the group’s alleged inferiority?
Race
Culture
Ethnicity
Discrimination
Discrimination
Review: BPOC (5.4) Functions of Discrimination: Tends to reinforce prejudice concerning the group’s alleged inferiority.
Question 41 of 250 - BPOC 06 Racial Profiling
A police officer sees an old, battered car being driven at night by an unkempt driver in a wealthy section of town, and suspects that the driver might be planning to commit a crime. The officer notices that the light over the car’s rear license plate is not illuminated. The officer uses that minor traffic violation as an excuse to pull the car over and sees illegal drugs on the passenger seat. The officer arrests the driver for possession of illegal drugs. Was the arrest and seizure of the drugs valid? Why or why not?
No. Even if there was a valid reason to make a traffic stop, the officer’s true motive involved profiling the subject.
Yes. The minor infraction gave the police officer the right to stop the vehicle and seeing the drugs in plain view gave the officer the right to make the arrest.
Yes. The minor infraction gave the police officer the right to stop the vehicle and seeing the drugs in plain view gave the officer the right to make the arrest.
Review: BPOC (6.2) Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996)
Plainclothes policemen patrolling a “high drug area” in an unmarked vehicle observed a truck driven by petitioner Brown waiting at a stop sign at an intersection for an unusually long time; the truck then turned suddenly, without signaling, and sped off at an “unreasonable” speed. The officers stopped the vehicle, assertedly to warn the driver about traffic violations, and upon approaching the truck observed plastic bags of crack cocaine in petitioner Whren’s hands. Petitioners were arrested. Prior to trial on federal drug charges, they moved for suppression of the evidence, arguing that the stop had not been justified by either a reasonable suspicion or probable cause to believe petitioners were engaged in illegal drug-dealing activity, and that the officers’ traffic-violation ground for approaching the truck was pretextual. The motion to suppress was denied, petitioners were convicted, and the Court of Appeals affirmed.
Question 42 of 250 - BPOC 06 Racial Profiling
A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including a physical description of any person operating the motor vehicle who is detained as a result of the stop. This should include the person’s gender and but not the person’s race or ethnicity.
False
True
False
Question 43 of 250 - BPOC 06 Racial Profiling
A peace officer may not engage in racial profiling.
False
True
True
Question 44 of 250 - BPOC 06 Racial Profiling
__________________ a law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.
Arrest
Prejudice
Descrimination
Racial profiling
Racial profiling
Question 45 of 250 - BPOC 06 Racial Profiling
Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) covers _____________________
None of the listed
Frisk and pat down
Stopping and briefly detaining a person
Stop & Frisk doctrine
All of these
All of these
Review: BPOC (6.2) Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) o Stop & Frisk doctrine o Stopping and briefly detaining a person o Frisk and pat down
Question 46 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
Article 3 of the U.S. Constitution
None listed
Establishes the authority of the executive branch of government.
Provides for the establishment and jurisdiction of the U.S. Supreme Court.
Provides procedure for election of President and Vice-President of the U.S.A.
Provides for the establishment and jurisdiction of the U.S. Supreme Court.
Question 47 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
“____________” law is that portion of the law which defines the personal and property rights of individuals; the rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings.
None listed
Procedural
Civil
Criminal
Civil
Question 48 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
Article 2 of the U.S. Constitution
None Listed
Establishes the U.S. Supreme Court.
Provides procedure for election of President and Vice-president of the U.S.
Establishes the fact that all trials shall be in the state where the crime was committed.
Defines the only crime in the U.S. Constitution: treason.
Provides procedure for election of President and Vice-president of the U.S.
Question 49 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
The Fourteenth Amendment to the Constitution guarantees:
freedom of the press
requires probable cause
prohibits excessive bails
due process of law
due process of law
Question 50 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
Article 3 of the U.S. Constitution gives “__________” as the only crime to be found in the constitution.
Forgery.
Treason.
Unlawfully carrying a weapon.
Counterfeiting.
Treason
Question 51 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
The right to be free from unreasonable searches and seizures is found in the
First Amendment.
Fifth Amendment.
Sixth Amendment.
None listed
None listed
Question 52 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
The right to be free from double jeopardy is found in the
Fourth Amendment.
Sixth Amendment.
Eighth Amendment.
Fifth Amendment.
Fifth Amendment.
Review: USC Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Question 53 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
The right to be free from unreasonable searches and seizures is found in the
Sixth Amendment.
Fifth Amendment.
Fourth Amendment.
First Amendment.
Fourth Amendment.
Question 54 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
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 and Eighth
Eighth and Fourteenth
Fifth and Fourteenth
First and Fourth
Fifth and Fourteenth
Question 55 of 250 - BPOC 07 U.S. & Texas Constitutions & CJ System
A person commits the criminal offense of “Bribery”. What Texas court would have original jurisdiction to try this case?
Justice
Courts of Appeals
Court of Criminal Appeals
District
County
District
Question 56 of 250 - BPOC 08 Penal Code
“ ________________” means physical pain, illness, or any impairment of physical condition.
None listed
Assault
Serious bodily injury
Accidental injury
Bodily injury
Bodily injury
Question 57 of 250 - BPOC 08 Penal Code
A person commits the crime of “ ___________________________” if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.
“Hindering Governmental Proceedings”
“Interference with Process Service”
“Preventing Execution of Civil Process.”
“Official Oppression.”
“Preventing Execution of Civil Process.”
Review: TPC (38.16)(a) PREVENTING EXECUTION OF CIVIL PROCESS. A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.
Question 58 of 250 - BPOC 08 Penal Code
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed __________.
$250.00
$550.00
$500.00
$50.00
$500.00
Question 59 of 250 - BPOC 08 Penal Code
A very large, muscular individual threatens to “beat the hell” out of a much smaller man if he doesn’t give him all of his money. The man turns the money over to the individual. What crime has occurred?
Theft
Aggravated Robbery
Reckless Endangerment
Robbery
Review: TPC (29.02)(a)(2) ROBBERY. A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he: (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
Robbery
Review: TPC (29.02)(a)(2) ROBBERY. A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he: (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
Question 60 of 250 - BPOC 08 Penal Code
ROBBERY is considered a _________________ as defined in section 29.02 of the Texas Penal Code.
1 st Degree Felony
Robbery is not defined in section 29.02 of the Texas Penal Code
State Jail Felony
3 Degree Felony
2nd Degree Felony
2nd Degree Felony
Question 61 of 250 - BPOC 08 Penal Code
“______________” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
Mental retardation
None are correct.
Intoxication
Mental deficiency
Intoxication
Question 62 of 250 - BPOC 08 Penal Code
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.
True
False
True
Question 63 of 250 - BPOC 08 Penal Code
The major difference between “Theft” and “Robbery” is
the value of the property taken
there is no difference
the force used
the location of the offense
the force used
Question 64 of 250 - BPOC 08 Penal Code
“______________” means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
Public servant
Owner
Individual
None listed
Individual
Question 65 of 250 - BPOC 08 Penal Code
A person acts “ ____________________” 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.
With criminal negligence
Recklessly, or is reckless
Knowingly, or with knowledge
Intentionally or with intent
Intentionally or with intent
Question 66 of 250 - BPOC 08 Penal Code
In the Penal Code, “Alcohol Concentration” means the number of grams of alcohol per:
100 milliliters of blood
67 milliliters of urine
All listed
210 liters of breath
All listed
Question 67 of 250 - BPOC 08 Penal Code
A person commits the offense of “__________” if the person intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.
Assault
Sexual Assault
Improper Intimidation
Aggravated Assault
Review: TPC (22.01)(a)(2) ASSAULT. A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
Assault
Review: TPC (22.01)(a)(2) ASSAULT. A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
Question 68 of 250 - BPOC 08 Penal Code
A person commits “Aggravated Assault” if the person commits “assault” and the person;
causes serious bodily injury to another, including the person’s spouse.
Causes bodily injury to another, including the person’s spouse.
Causes physical contact with another when the person knows that the other will regard the contact as offensive or provocative.
Engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury or physical or mental impairment.
causes serious bodily injury to another, including the person’s spouse.
Question 69 of 250 - BPOC 08 Penal Code
A person convicted of a “State Jail Felony” may be sentenced to
Confinement of not more that five years or less than two years.
confinement of not more than two years or less than 180 days.
Confinement of not more than 180 days.
Confinement of not more than one year or less than 60 days.
confinement of not more than two years or less than 180 days.
Review: TPC (12.35)(a) STATE JAIL FELONY PUNISHMENT. Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
Question 70 of 250 - BPOC 08 Penal Code
A 66 year old man is walking down the sidewalk when a thief knocks him down and steals his watch that is worth $500.00. The man sustains minor injuries as a result of this incident. What crime has occurred?
Theft
Robbery
Aggravated Robbery
Theft from the Elderly
Aggravated Robbery
Question 71 of 250 - BPOC 08 Penal Code
A person spray paints obscene words onto his neighbor’s fence. What crime has occurred?
Criminal Obscenity
Criminal Destruction
Criminal Trespass
Criminal Mischief
Criminal Mischief
Question 72 of 250 - BPOC 08 Penal Code
A person commits the offense of “______________” if, with intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.
Unlawful Restraint
Official Oppression
Interference with Parental Custody
Enticing a Child
Enticing a Child
Question 73 of 250 - BPOC 08 Penal Code
The most serious crime that a person commits is “ ______________” if they intentionally kill another person while committing “Arson”.
Murder
Manslaughter
Criminally negligent homicide
Capital Murder
Capital Murder
Question 74 of 250 - BPOC 08 Penal Code
A person commits the offense of “__________” if the person intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.
Assault
Improper Intimidation
Aggravated Assault
Sexual Assault
Assault
Review: TPC (22.01)(a)(2) ASSAULT. A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
Question 75 of 250 - BPOC 08 Penal Code
A pickup is parked in front of a residence. A person steals property that is worth $50 that is lying in the pickup-bed. What is the most serious crime that has occurred?
Burglary of Pickup
Theft from a Vehicle
Burglary
Burglary of a Vehicle
Review: TPC (30.04)(a) BURGLARY OF VEHICLES. A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
Burglary of a Vehicle
Review: TPC (30.04)(a) BURGLARY OF VEHICLES. A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
Question 76 of 250 - BPOC 09 Code of Criminal Procedure
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.
felony
breach of the peace
All are correct.
treason
All are correct.
Question 77 of 250 - BPOC 09 Code of Criminal Procedure
A ____ is the written statement of a grand jury accusing a person herein named of some act or omission which, by law is declared to be an offense.
indictment
complaint
information
affidavit
indictment
Question 78 of 250 - BPOC 09 Code of Criminal Procedure
CCP Article 2.17 requires that when a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the ______________.
None listed
County Attorney
Sheriff
District Attorney
Sheriff
Question 79 of 250 - BPOC 09 Code of Criminal Procedure
A peace officer _________________, when a felony or Class “A” misdemeanor has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
answer not listed
shall arrest, without a warrant
may arrest but must first obtain a valid duces tectum
may arrest, without a warrant
may arrest, without a warrant
Question 80 of 250 - BPOC 09 Code of Criminal Procedure
A search warrant is a written order, issued by a magistrate and directed to a peace officer, and may command the officer to
All are correct
search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order
seize the property or thing and bring it before the issuing magistrate
search for any property or thing and bring it before the issuing magistrate
All are correct
Question 81 of 250 - BPOC 09 Code of Criminal Procedure
Who are Peace Officers?
Both Constables/Sheriffs and each of their Deputies
Both U.S. Marshalls/Sheriffs and each of their Deputies
U.S. Marshalls and their Deputies
Constables and their Deputies
Sheriffs and their Deputies
All listed
Both Constables/Sheriffs and each of their Deputies
Question 82 of 250 - BPOC 09 Code of Criminal Procedure
Which of the following is not a peace officer in Texas?
Constable
ATF Agent
Sheriff Deputy
City Police
ATF Agent
Question 83 of 250 - BPOC 09 Code of Criminal Procedure
What public official is responsible for conducting inquests in counties that do not have medical examiners?
Chief county medical doctor
County Court Judge provided he is a lawyer
District Attorney
Justice of the Peace
Justice of the Peace
Question 84 of 250 - BPOC 09 Code of Criminal Procedure
As an officer, you may ask a person to assist you in making an arrest. What crime has occurred if the person refuses your command?
Official misconduct.
Hindering apprehension.
Permitting or facilitating escape.
Interference with public duties.
None of these
None of these
Question 85 of 250 - BPOC 09 Code of Criminal Procedure
Seizure of property subject to forfeiture may be made without a warrant if:
the owner, operator, or agent in charge of the property knowingly consents
all listed
the seizure was incident to a lawful arrest, lawful search, or lawful search incident to arrest
the property subject to seizure has been the subject of a prior judgement in favor of the state in a forfeiture proceeding under CCP 59.03
the seizure is incident to a search of which to owner, operator, or agent in charge of the property knowingly consents
Review: CCP (59.03) SEIZURE OF CONTRABAND. (a) Property subject to forfeiture under this chapter, other than property described by Article 59.12, may be seized by any peace officer under authority of a search warrant. (b) Seizure of property subject to forfeiture may be made without warrant if: (1) the owner, operator, or agent in charge of the property knowingly consents; (2) the seizure is incident to a search to which the owner, operator, or agent in charge of the property knowingly consents; (3) the property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding under this chapter; or (4) the seizure was incident to a lawful arrest, lawful search, or lawful search incident to arrest.
all listed
Review: CCP (59.03) SEIZURE OF CONTRABAND. (a) Property subject to forfeiture under this chapter, other than property described by Article 59.12, may be seized by any peace officer under authority of a search warrant. (b) Seizure of property subject to forfeiture may be made without warrant if: (1) the owner, operator, or agent in charge of the property knowingly consents; (2) the seizure is incident to a search to which the owner, operator, or agent in charge of the property knowingly consents; (3) the property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding under this chapter; or (4) the seizure was incident to a lawful arrest, lawful search, or lawful search incident to arrest.
Question 86 of 250 - BPOC 10 Arrest, Search & Seizure
Which of the following cases strengthens Terry V. Ohio?
Baity v. State
Armstrong v. State
Minnesota V. Dickerson
Katz v. Ohio
Minnesota V. Dickerson
Review: Minnesota v. Dickerson, 113 SCt 2130
Minnesota v. Dickerson, 508 U.S. 366 (1993), was a decision by the Supreme Court of the United States. The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon. By a 6-to-3 vote, however, the court held that the officer in this case had gone beyond the limits of a lawful patdown search before he could determine that the object was contraband, making the search and the subsequent seizure unlawful under the Fourth Amendment.[1]
Question 87 of 250 - BPOC 10 Arrest, Search & Seizure
The U.S. Supreme Court in “Beck v. Ohio” said that “____________” exists when the facts and circumstances known to the officer would warrant a belief by a reasonable man.
reasonable suspicion
rational suspicion
exigent circumstances
reasonable ground
probable cause
probable cause
Question 88 of 250 - BPOC 10 Arrest, Search & Seizure
A person is _______________ when he has been actually placed under restraint or taken into custody by an officer or a person executing a warrant of arrest or by an officer or person arresting without a warrant.
detained
officially detained
temporarily detained
arrested
arrested
Question 89 of 250 - BPOC 10 Arrest, Search & Seizure
Under the Fourth Amendment, probable cause – which amounts to more that a mere suspicion but less than evidence that would justify a conviction – must be shown before an arrest warrant or search warrant may be issued.
True
False
True
Question 90 of 250 - BPOC 10 Arrest, Search & Seizure
What can a peace officer do with mere suspicion?
None listed
May conduct surveillance
May run computer checks
An investigation may be conducted to determine what, if anything is occuring
All listed
All listed
Review: BPOC (10.3) What can a peace officer do with mere suspicion?
Computer checks may be made of license plates. Surveillance may occur.
Officers can lay back and watch the individual(s) or activity suspected for additional facts and circumstances that amount to more than mere suspicion.
Officers can initiate a police-citizen encounter so long as the officer understands the persons approached do not have to identify themselves or answer the officer’s questions, and are free to walk away at any time.
The officer’s objective is to obtain articulable facts and circumstances that rise to the level of either reasonable suspicion that gives officers the power to detain or probable cause, which permits the officer to arrest.
Question 91 of 250 - BPOC 10 Arrest, Search & Seizure
An Officer can frisk - if the situation calls for it; if there is reasonable fear that the suspect may be in possession of a weapon. The case law surrounding these facts is:
Smith v Dickerson
Missouri v Brown
Terry v Ohio
Roe v Wade
Terry v Ohio
Question 92 of 250 - BPOC 10 Arrest, Search & Seizure
The level of proof required to obtain a search warrant is
reasonable belief.
Beyond a reasonable doubt
Clear and convincing evidence.
Preponderance of evidence.
Probable cause.
Probable cause.
Question 93 of 250 - BPOC 10 Arrest, Search & Seizure
Which circumstances justify a lawful search?
Arrest must be lawful
Search incident to arrest
Probable cause
Search Warrant
All listed
All listed
Question 94 of 250 - BPOC 10 Arrest, Search & Seizure
A search based on _________________ can be withdrawn at any time.
Hearsay
Probable Cause
A Search Warrant
Consent
Consent
Question 95 of 250 - BPOC 10 Arrest, Search & Seizure
In ________________, the U.S. Supreme Court established that an informant’s tip must be accompanied by (1) some of the underlying circumstances on which the informant based conclusions and (2) some basis for concluding either that the informant was creditable or his information reliable.
Aguilar v. Texas
Chimel v. California.
Miranda v. Arizona.
Arginsinger v. Hamlin
Mapp v Ohio
Aguilar v. Texas
Review: Aguilar v. Texas, 378 U.S. 108
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that “[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was credible or his information reliable.” Along with Spinelli v. United States (1969), Aguilar established the Aguilar–Spinelli test, a judicial guideline for evaluating the validity of a search warrant based on information provided by a confidential informant or an anonymous tip. The test developed in this case was subsequently rejected and replaced in Illinois v. Gates, 462 U.S. 213 (1983).
Question 96 of 250 - BPOC 11 Asset Forfeiture
Property used or intended to be used in the commission of any felony under Chapter 483, Health and Safety Code, is not considered contraband.
True
False
False
Question 97 of 250 - BPOC 11 Asset Forfeiture
Income a person accused or convicted of a crime or the person’s representative or assignee receives is ________________.
Proceeds
Profit
Prohibitive
Pro bono
Proceeds
Question 98 of 250 - BPOC 11 Asset Forfeiture
The dismissal/aquittal of charges can be used to defend again forfeiture.
True
True
Question 99 of 250 - BPOC 11 Asset Forfeiture
Property used or intended to be used in the commission of any felony under Chapter 481, Health and Safety Code, is considered contraband.
False
True
True
Question 100 of 250 - BPOC 11 Asset Forfeiture
The “Innocent Owner” is a defense to forfeiture.
False
True
True