BPOC Flashcards
An emergency protection order is valid for how many days after its issuance?
61
Perjury consists of making a false statement:
With intent to deceive
Under oath
With knowledge of the statements meaning
What offense will raise murder to capital murder?
Robbery
Who signs an indictment accusing a person of a crime?
The foreman of a grand jury
Shooting at nonviolent fleeing felons is
limited to situations where the officer or an innocent third party is physically threatened
According to the Code of Criminal Procedure, a written statement that is filed 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/an ________.
information
According to Sec. 20.02 of the Penal Code, a person commits ________________ if he intentionally or knowingly restrains another person and recklessly exposes the victim to a substantial risk of serious bodily injury
Unlawful restraint
________ exists when the facts and circumstances known to the officer would warrant a prudent man believing that an offense has been committed.
Probable cause
A person has committed the offense of _______________, if he intentionally prevents or obstructs a person he knows is a peace officer from effecting an arrest or search, by using force against the peace officer.
Resisting Arrest
What force can a peace officer use to suppress a riot?
Just force that is required to suppress it and no more
An adult who exposes his genitals, knowing that a 13-year-old child is present, with intent to arouse or gratify the sexual desire of any person, should be filed on for……
Indecency with a child
means assent in fact, whether express or apparent.
Consent
What are the culpable mental states?
Intentional
Knowing
Reckless
Criminal Negligence
A person hits a man in the head with his fist knocking him unconscious and steals $150 cash from the man. What offense has occurred?
Robbery
Both search and arrest warrants must be based on
probable cause.
Time must be devoted to exploring motives, possible omissions, and assessing the truth if ____.
Justice is to be served
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 _______.
Red
Which of the following is not an essential dietary component?
Fiber
Criminal Attempt occurs when a person, with specific intent to commit an offense, does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. An offense of Criminal Attempt is punishable by what offense punishment level?
One category lower than the offense attempted
A search warrant issued on the 10th of July, 2009, is valid for how long:
Until July 14, 2009
Which of the following officers would NOT be classified as a “peace officer” in Texas?
Texas Department of Public Safety Trooper
Special Agent of the ATF
A railroad peace officer __________ to state benefits normally provided by the state to a peace officer.
is not entitled
A peace officer is _________liable for damages arising from an act relating to the collection or reporting of information as required by CCP Art. 2.133 or under a policy adopted under CCP Art. 2.132.
not
Which of the following Texas Courts does not have jurisdiction in criminal actions?
Texas Supreme Court
Criminal appeals from district court (other than cases where defendant is given the death penalty) are appealed directly to
Courts of Appeals.
A conviction for capital murder where the court sentenced the defendant to the death penalty would be appealed directly from the district court to
The Court of Criminal Appeals.
District Court in Texas has original jurisdiction for
The offense of “Aggravated Robbery.”
If a criminal case is tried in the justice court and the ruling of the court is appealed, which court hears the appeal?
County Court.
Under which of the following situations is an officer permitted to arrest without a warrant?
a person commits a felony offense within the view or presence of a peace officer who is outside his jurisdiction
Under which of the following situations is an officer permitted to arrest without a warrant?
a person the peace officer has reasonable cause to believe has violated a protective order, but it did not occur within the view or presence of the officer
a person commits any offense within the presence of a peace officer who is outside his jurisdiction a person who voluntarily confesses to a felony with probable cause to believe the person committed the offense, but there is no risk of escape
A peace officer ____________, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
may arrest, without a warrant
A peace officer _________________, when any offense has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
may not
A __________ is written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
warrant of arrest
You are a peace officer and have probable cause to believe that a well–known bank robber has written plans to rob a bank in his personal diary. You may:
No search warrant can be issued.
.
A search warrant for _____________ may not be signed by a justice of the peace.
Illegal Weapons
.
A search warrant CANNOT be issued to:
Seize personal writings of the accused
The affidavit made before the magistrate or the district or court attorney charging the commission of an offense is called a/an
complaint.
If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, _______ dollars in a felony case.
$500
The head of the agency arresting or holding a person in the prevention of “Family Violence” if there is probable cause to believe the violence will continue if the person is immediately released, may hold the person for a period of not more than _______ hours after bond has been posted.
4
What offense does a person commit if they intentionally or knowingly prohibit a justice of the peace from entering a premise where a death occurred or a body is found?
Hindering an Inquest
Article 2 of the U.S. Constitution:
Provides procedure for election of President and Vice-president of the U.S.
Article 3 of the U.S. Constitution:
Provides for the establishment and jurisdiction of the U.S. Supreme Court.
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?
Tennessee v. Garner
The right to be free from double jeopardy is found in the
5th Amendment
.
Right to indictment for a capital or otherwise infamous crime is found in Amendment # ___.
5th amendment
Amendment # ___ protects a citizen’s private property from being taken for public use without just compensation.
5th Amendment
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 Fourteenth
Which Amendment to the U.S. Constitution gives citizens the right to an attorney during criminal proceedings?
Sixth Amendment.
Which one of the following Texas courts ordinarily has jurisdiction to try Class “A” and “B” misdemeanors?
County
The freedom of people to petition their government for a redress of grievance is found in the _____ Amendment to the U.S. Constitution.
First Amendment
Which of the following is the statute of limitations for burglary?
5 years
_____ is a writ issued by a court or a district clerk ordering the arrest of a person accused of an offense against the state.
Capias
Which of the following formal accusations of guilt is used in all misdemeanor actions?
Complaint
_____ is an order signed by the proper magistrate, directing the Sheriff to receive and place the accused in jail.
Commitment
A capias is ______.
an arrest warrant
An “order of arrest” issued by the clerk of the court is a _____.
Capias
The affidavit filed in applying for a warrant of arrest is called _____.
Complaint
In case study “Tennessee v. Garner” was fundamentally doctrine with which amendment of the U.S. Bill of Rights?
4th amendment
An arrest warrant may be served ________.
Anytime of any day
The authority of a court to hear and determine a case (criminal and/or civil) when it is initiated is a definition of _____
Geographical Jurisdiction
Disputes that come before the courts, which involve injuries to private parties are called _____.
Tort
A court order to take someone into custody and place this individual in jail is called a _____.
Commitment
A person is tried in District Court, for a Capital Felony, and is given life imprisonment. If he wishes to appeal, which Court would hear his initial appeal?
Court of Appeals
A formal accusation or complaint, filed by a prosecuting attorney, or other law officer, charging a person or corporation with some crime or violation of law, is a definition of _____.
Complaint
The authority of a Superior Court to review and modify the decisions of an Inferior Court is a definition of _____.
Geographical Jurisdiction
When a peace officer is informed in any manner that a threat has been made by one person to injure himself, another person, or another person’s property, it is the officer’s duty to _____.
Prevent the threatened injury
An offense that bear the title “Attempt,” “Conspiracy,” “Solicitation,” or “Organized Criminal Activity”, shall carry a Statute of Limitation period of _____.
The same limitation period as the primary offense
When a warrant of arrest has been signed by the Mayor of an incorporated city or town, the warrant can be legally executed anywhere in the _____.
State of Texas and any bordering state
Every Peace Officer who has reason to believe that an offense involving family violence has occurred is legally obliged to do which of the following?
Make a written report.
Any offense that bears the title “Aggravated” shall carry a Statute of Limitation period of _____.
The same limitation period as the primary offense
A writ issued by the Magistrate / Court having jurisdiction over the case in question, ordering any Peace Officer to arrest the person accused of an offense, and bring him before the Court, is a definition of which of the following?
Capias
A sworn affidavit signed by a private citizen charging an accused with an offense is a definition of _____.
complaint.
An Evidentiary Search Warrant (for property or items tending to show guilt) is issued so that a Peace Officer can search for _____.
Mere evidence
Which of the following people can order an autopsy?
Police Investigator
How long is a Protective Order valid for?
20 days
Which of the following courts has original jurisdiction of all misdemeanor cases (other than those involving official misconduct) when the fine to be imposed exceeds $500?
County Court
It is the duty of every peace officer to _____.
Preserve the peace within his jurisdiction
Interfere without warrant to prevent or suppress crime
To take possession of a child under Article 62.009g
Article 2.17, CCP states and designates who is the Conservator of the Peace?
Sheriff